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HomeMy WebLinkAbout2006-299 ,-- . ' 1 2 3 4 5 6 7 . . RESOLUTION NO. 2006-299 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MEMORANDUM OF UNDERSTANDING IN CONNECTION WITH AN APPLICATION TO THE STATE OF CALIFORNIA FOR THE DESIGNATION OF AN ENTERPRISE ZONE WITHIN A PORTION OF ITS TERRITORIAL JURISDICTION Whereas, the City of San Bernardino (the "City") by the adoption of this Resolution hereby authorizes the preparation and submittal of a formal Application to the State of California, 8 Department of Housing and Community Development, for the designation of an Enterprise Zone 9 in participation with the Inland Valley Development Agency, the County of San Bernardino and 10 the City of Colton for the approximately 25,776-acre area as illustrated on and further described in 11 the Exhibit "A" as attached hereto together with the map of the proposed Enterprise Zone (such 12 area is referred to herein as the "Application Area"); and 13 14 15 Whereas, the Application Area is an economically depressed, blighted commercial/industrial and residential area characterized by chronically high levels of 16 17 unemployment which is in need of an Enterprise Zone designation in order to attract new private 18 sector investment to such Application Area; and 19 20 Whereas, the City authorizes and supports job development, job creation and economic 21 development, and the City has determined that the designation as an Enterprise Zone would make 22 available a range of State of California tax and employment hiring tax credits that would create 23 incentives for businesses to invest in new or upgraded facilities and to establish new employment 24 opportunities within the Application Area for the benefit of the region; and 25 26 Whereas, the City by the adoption of this Resolution authorizes the staff of the City to be 27 available on an as-needed basis to maintain record keeping, monthly updates on the proposed 28 Enterprise Zone activities, and to discuss these activities with program auditors and 2006-299 1 representatives and administrators from the State of California as part of the Application process 2 for the Application Area; and 3 4 Whereas, the City shall develop a self-evaluation process to measure progress in meeting 5 the goals and objectives to be established for the Enterprise Zone, and said process shall be 6 submitted to the State of California, Department of Housing and Community Development, for 7 review, approval and inclusion in the Memorandum of Understanding ("MOU") in the form as 8 attached hereto as Exhibit "B" as a subsequent amendment thereto prior to the final designation of 9 an Enterprise Zone by the State of California; and 10 11 Whereas, the City agrees to complete all actions to be stated within the Application that 12 apply to its territorial jurisdiction included with the Application Area should the proposed 13 Enterprise Zone be awarded a final designation in accordance with the provisions and limitations 14 provided in the MOU; and 15 16 Whereas, the Mayor's Economic Development Adviser has been designated as the Contact 17 Person for the Enterprise Zone at the address as set forth in the MOU. 18 19 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED 20 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS 21 FOLLOWS: 22 23 SECTION I. The City hereby approves the intent to submit the Application to the State of 24 California, Department of Housing and Community Development, and supports the Application 25 for the designation of the Application Area as an Enterprise Zone. The City further authorizes the 26 27 inclusion of those portions of the City boundaries which are set forth on Exhibit "A" to be 28 4833-3960-5505.1 -2- 2006-299 1 considered in the Application as a portion of the Application Area for purposes of the designation 2 of the Enterprise Zone. 3 4 SECTION 2. The City further approves the form ofthe MOU as attached hereto as Exhibit 5 "B" and authorizes the execution thereof by the Mayor to execute and deliver said MOU on behalf 6 of the City simultaneously with the execution and delivery of the MOU by all other parties thereto. 7 The City agrees to adhere to the purposes and intent of the MOU as provided therein subject in all 8 respects to the limitations and the right of withdrawal as specifically provided in the MOU. 9 10 The City also authorizes and directs that the staff of the CitylEconomic Development 11 Agency as determined by the Mayor shall be made available in accordance with the provisions of 12 the MOU to assist in the matters identified therein in the preparation of the Application with 13 respect to the Application Area. 14 15 SECTION 3. The City recognizes that until such time as the State of California has 16 officially designated the Application Area for inclusion within an Enterprise Zone, the rights, 17 duties and obligations of the parties to the MOU shall be as set forth therein. Upon the approval 18 of the proposed Enterprise Zone by the State of California, the parties under the MOU will then 19 undertake discussions as to those forms of Enterprise Zone incentives that will be matched by a 20 variety of local government incentives, including reduced permit and processing fees and . 21 streamlined plan review processes and other incentives that may be determined at the sole 22 discretion of each party to the MOD. The parties to the MOU will also seek a variety of local 23 private, non-profit and public organizations with an interest in pledging specific forms of support 24 to implement the Enterprise Zone Marketing Strategy. Nothing contained herein or in the MOU 25 shall bind or commit any party to the MOU to any subsequent actions or financial commitments 26 except as may be agreed to at the sole discretion of each party to the MOU at a later date. 27 28 4833-3960-5505.1 -3- '. 2006-299 1 SECTION 4. This Resolution shall take effect upon its adoption and execution in the 2 manner as required by the City Charter. 3 /1/ 4 /1/ 5 /1/ 6 //1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4833-3960-5505,1 -4- I__~__ _,U. I ' ' '. 2006-299 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN MEMORANDUM OF UNDERSTANDING IN 2 CONNECTION WITH AN APPLICATION TO THE STATE OF CALIFORNIA FOR 3 THE DESIGNATION OF AN ENTERPRISE ZONE WITHIN A PORTION OF ITS TERRITORIAL JURISDICTION 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j to regular meeting thereof, held on the 7 21st day of August , 2006, by the following vote to wit: Aves Navs Abstain Absent ~ -X- x --1L ~ --1L 16 17 18 19 20 21 22 23 L?~I fJ. ~/ Ra el G. Clark, City Clerk The foregoing resolution is hereby approved this ;>-:::>-. ~y of August ,2006. . Morris, Mayo an Bernardino Approved as to form: JAMES F. PENAMN 24 'ty Attorney 25 26 27 28 4833-3960-5505.1 -5- 2006-299 \J ) ;J (' 2006-299 'f '--'! 'Ii'-v--~ ',-, ! '.. . . o N < . ~ ~ ' ~ ~ 5 ~ : i < . i ~ ~D w z o N W ~ ~ [l. .,; c:: ~ w'" f- -'l Z 8 w ~ Cl i!. W . (/J "- o :< [l. " o c:: [l. !~I!l 2006-299 1 Exhibit "B" Memorandum of Understanding 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4833-3960-5505.1 -7- 2006-299 MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO. THE COUNTY OF SAN BERNARDINO AND THE INLAND VALLEY DEVELOPMENT AGENCY THIS Memorandum of Understanding (this "MOU") is dated as of the 22"d day of August, 2006, and is by and among the City of Colton, a municipal corporation and a general law city under the laws of the State of California ("Colton"), the City of San Bernardino, a charter city duly existing pursuant to the Constitution of the State of California ("San Bernardino"), the County of San Bernardino, a political subdivision of the State of California (the "County"). and the Inland Valley Development Agency, a joint powers authority existing pursuant to the Government Code of the State of California (the "IVDA"). Colton, San Bernardino, the County and the IVDA are sometimes collectively referred to hereinafter as the "Parties." RECITALS WHEREAS. the purpose of the State Enterprise Zone program is to stimulate business and industrial growth in depressed areas of the state by relaxing regulatory controls that impede private investment and on March 8, 2006, the California State Department of Housing and Community Development (HCD) issued a Request for Proposals to fill twenty-three (23) soon to be vacant enterprise zone designations; and WHEREAS. the Parties have jointly and collectively pursued the preparation of a formal written application to the State of California, Department of Housing and Community Development ("HCD") for the designation of the properties described herein as the San Bernardino Valley Enterprise Zone ("Zone") on the attached Exhibit "A" within a State of California approved Enterprise Zone pursuant to Government Code Section 7070, et seq., and California Code of Regulations, Title 25, Subchapter 21, Article 1-13; and WHEREAS. the IVDA exists as a joint powers authority pursuant to Health & Safety Code Section 33492.40-33492.42, and Government Code Section 6500. et seq., and is comprised of Colton, San Bernardino, and the County as three of the four members of the IVDA, and WHEREAS. upon the conditional designation of the Zone by HCD. the IVDA Board of Directors shall act as the Enterprise Zone Oversight Committee (EZOC); and WHEREAS. the Parties seek to cooperate in the manner as hereinafter set forth for the mutual purposes of administration of the Zone, and the parties seek to share certain expenses in connection therewith through the contribution of cash and the providing of in-kind staff services in furtherance of the common goal of the Parties as set forth in this MOU; and 2006-299 NOW, THEREFORE, THE PARTIES MUTUALLY DECLARE THEIR INTENT AS OF THE DATE HERETO, AND SUBJECT TO THE PROVISIONS HEREOF, TO BE AS SET FORTH HEREIN: I. Definitions A. CAEZ - California Association of Enterprise Zones B. EDA - Econornic Development Agency of the County of San Bernardino. C. EZOC - the Enterprise Zone Oversight Committee that will oversee the administration and operations of the Zone. The IVDA Board shall sit as the Enterprise Zone Oversight Committee. D. HCD - California State Department of Housing and Community Development. E. Technical Committee - a committee consisting of the Zone Manager and Zone Coordinators for the purposes of developing a Strategic Plan, Marketing Plan, annual budget, and addressing issues and concerns that may arise needing Zone Oversight Committee direction. F. Vouchering Agent - the entity designated to process hiring tax certificates or vouchers (vouchers). G. Vouchering Plan - the protocols in place to officially voucher qualified employees. H. Zone - San Bernardino Valley Enterprise Zone is that as shown on attached Exhibit "A." I. Zone Coordinator - the person appointed by each participating jurisdiction to oversee its respective portion of the Zone. J. Zone Manager - the person who administers and coordinates joint efforts of the Zone. II. Purpose The purpose of this MOU is to establish and assign the responsibilities of each jurisdiction in order to successfully and consistently administer and manage the Zone. III. Terms The effective date of this MOU shall commence upon the approval by the official action of the last Party authorized to execute this MOU by its appropriate governing body. No Party may terminate their participation in this MOU after the date that the application has been submitted to the State for designation as an enterprise zone. Any Party may terminate its participation in this MOU upon forty-five (45) days' prior written notice to the other Parties if such notice is delivered prior to the date that an application is submitted to the State for designation as an enterprise zone. Upon termination of this MOU as to any Page 2 of 10 ,------- 2006-299 Party, the Zone Manager will forward immediately to each jurisdiction that has so terminated its participation in this MOU all records, files and reports it has compiled and maintained pursuant to this MOU with respect to such terminating Party. This MOU shall automatically terminate and be of no further force or effect upon the denial by the State of the submitted enterprise zone application or should the Parties so choose to abandon the application process prior to completion or submittal to the State. Unless this MOU has been extended by action of the Parties if allowed by law or if it has been terminated as to all Parties in the manner as set forth in this Section III, this MOU shall automatically terminate as of the close of business on the business day which is fifteen (15) years from and after the date of the final approval by the State of the application for the enterprise zone designation. In the event of the early termination of this MOU or upon sunset of the Zone, if there are any funds left in the budget after all costs have been expensed, funds shall be returned to each Party based on the percentages that contributions were made to the budget. IV. Duties and Responsibilities of the Parties A. The Parties shall have the following responsibilities: a. Each Party shall adopt an annual budget. See Attachment "B." b. The annual budget shall be funded by each Party based upon the percentage of industrial/commercialland acreage within its jurisdiction at the time the Zone is designated. See Attachment "C." c. The Parties will cooperatively market the Zone. d. San Bernardino County agrees to act as and provide a Zone Manager in conjunction with its responsibility to provide a Zone Coordinator. e. The County of San Bernardino agrees to act as the Vouchering Agent for the SBVEZ. f. The City of San Bernardino, the City of Colton, and IVDA agree to provide Zone Coordinators. B. The Zone Manager shall have the following responsibilities: a. Conduct meetings with EZOC and technical Committee, at a minimum, quarterly: February, May, August and October b. Coordinate maintenance of the Zone list of streets and addresses c. Coordinate maintenance of the Zone map d. Coordinate maintenance of Zone databases e. Implement the Zone's joint marketing plan f. Implement the Zone's vouchering plan g. Coordinate management of the Zone budget h. Coordinate communications between the EZOC and Zone Coordinators i. Prepare annual reports and participate in HCD Zone audits Page 3 of 10 . . 2006-299 C. The Zone Coordinators shall have the following responsibilities for its portion of the Zone that is within its jurisdiction: a. Outreach and education for a specific region in the Zone b. Update Zone databases for a specific region in the Zone c. Assist in site selection for a specific region in the Zone d. Assist public with general information e. Implement and oversee a marketing plan for a specific region in the Zone f. Implement and oversee a strategic plan for a specific region in the Zone g. Manage in-house staff resources through ongoing training, gUidance and assistance h. Prepare reports, at least quarterly, on activities within the Zone fora specific region in the Zone i. Update Zone list of streets and addresses for a specific region in the Zone j. Update Zone map for a specific region in the Zone k. Submit all reporting and information/statistical updates to the Zone Manager D. Zone Manager and Coordinators shall have the following responsibilities: a. Represent the Zone with City, State, and local agencies and developers b. Act as Zone liaison with State and local government authorities c. Travel as necessary to carryout the responsibilities as herein described d. Develop Zone databases e. Develop a Zone marketing plan f. Develop a Zone strategic plan g. Participate in organizational memberships h. Plan the Zone budget i. Work with CAEZ tracking legislation and educating public officials regarding the Enterprise Zone Program E. The Zone Oversight Committee shall have the following responsibilities: a. Approve the annual budget b. Approve expenditures over and above the approved budget c. Approve contracts and RFPs d. In the case the Zone Manager fails to perform his/her duties to the satisfaction of the other members of the Zone, by a majority vote of the EZOC, the Zone Manager can be replaced with a Zone Coordinator or other Zone member who will perform the duties of the Zone Manager on either an interim or permanent basis. Page 4 of 10 2006-299 V. Indemnification The Parties each agree to indemnify, defend and hold harmless the other Parties to this MOU, their authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Agreement to the extent such liability, loss, damage and/or liability is caused by or results from the negligent or intentional acts or omissions of that Party, its officers, employees, agents and/or volunteers, and for any costs or expenses incurred by any of the Parties on account of any claim therefore, except where such indemnification is prohibited by law. In the event any Party is found to be comparatively at fault for any claim, action, loss or damage, which results from its respective obligations under this Agreement, that Party indemnifies the other Parties to the extent of its comparative fault. VI. Amendments This Agreement may be amended at any time by written agreement signed by the Parties. Such amendments will be binding upon the Parties and will have an effective date specified in the amendments. VII. Counteroarts This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument, binding on all Parties. VIII. Severabilitv Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. IX. GoverninQ Law This Agreement shall be construed in accordance with and governed by the laws of the State of California. This Agreement shall be deemed made and entered into in San Bernardino County, which shall also be deemed to be the sole and proper venue for any action or proceedings relating to this Agreement. X. Authoritv to Execute Each Party and its respective officers and agents warrant and represent that it has the full power and authority to execute, deliver, and perform the obligations under this Agreement and that each Party's performance has been duly authorized by its respective governing body. Page 5 of 10 , . " 2006-299 XI. Notices All notices to be given pursuant to this Agreement shall be in writing and either: (i) sent by first class mail, in which case notices shall be deemed delivered five (5) business days after deposit, postage prepaid in the United States mail; (ii) sent by nationally recognized overnight courier; or (iii) by facsimile (fax), or similar means, if a copy of the notice is also sent by United States mail, in which case notice shall be deemed delivered on transmittal by facsimile (fax) or other similar means provided that a transmission report is generated reflecting the accurate transmission of the notices to addresses designated in writing by any party. If specifically authorized herein, some notices may be provided by email transmission to specifically designated individuals. Notices shall be delivered to the Parties as follows: Colton: Ms. Candace Cassel Economic Development Director Economic Development Department 650 North La Cadena Colton, California 92324 Telephone: (909) 370-5167 Facsimile: Email: ccasselallcLcolton.ca.us San Bernardino: Mr. Emil Marzullo Economic Development Advisor Office of the Mayor City Hall 300 North "D" Street, Sixth Floor San Bernardino, California 92401 Telephone: (909) 384-5133 Facsimile: (909) 384-5067 Email: Marzullo emallsbcitv.oov Cou nty: Ms. Kathleen Robles County of San Bernardino 215 North "D" Street, Suite 201 San Bernardino, California 92401 Telephone: (909) 387-9837 Facsimile: (909) 387-9830 Email: kroblesalled.sbcountv.oov IVDA: Mr. Alex Estrada Director of Redevelopment Inland Valley Development Agency 294 Leland Norton Way, Suite 1 San Bernardino, California 92408 Telephone: (909) 382-4100 Facsimile: (909) 382-4106 Email: alexallsbdairport.com Page 6 of 10 2006-299 XII. Captions The captions of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. XIII. Waiver No covenant, term or condition of this Agreement shall be deemed to be waived by any party unless such waiver is in writing and executed by the party making the waiver. No waiver of a breach of any of the terms, covenants, or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or proceeding breach of the same or any other term, covenant or condition. XIV. Parties Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the Parties or their respective successors and assigns, any rights or remedies under or by reason of this Agreement. This Agreement shall be binding upon the Parties and their respective successors and assigns. XV. Force Maieure The Parties shall be excused from performance during any period of delay caused by governmental regulations, controls or directions, a state of emergency, acts of God, war hostilities, civil commotion, riots, epidemics or other natural casualties beyond the reasonable control of the Parties. Each party shall promptly notify the other party of any delay as soon as possible after the delay has been ascertained. XVI. Default Failure or delay by either party to perform any term or provIsion of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured. If the default is not commenced to be cured within fifteen (15) days after service of such notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the defaulting party may be liable for any damages caused by such default, and the non-defaulting party may commence an action for damages with respect to such default or for specific performance of this Agreement. XVII. Modification in Compliance with Applicable Laws If any State or Federal law made or enacted after the date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law. Immediately after enactment of any such new law, the Parties shall meet and confer in good Page 7 of 10 " 2006-299 faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. XVIII, Construction of Aqreement The provisions of this Agreement and any exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof in order to achieve the objectives and purpose of the Parties hereunder. Whenever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include all feminine or neutral genders, or vice versa. XIX. Mitiqation of Damaqes In all situations arising out of this Agreement, each party shall attempt to minimize the damages resulting from the conduct of the other party. XX. Effectuation of Purposes of Aqreement Each party shall take all necessary measures to effectuate the provisions of this Agreement. Each party shall do nothing which shall have the effect of injuring the right of the other party to receive the benefits of this Agreement; each shall refrain from doing anything which would render its performance under this Agreement impossible; and each shall do everything which this Agreement contemplates that such shall do in order to accomplish the objectives and purposes of this Agreement. XXI. No Personal Liability No member, official or employee of the Parties shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach of this Agreement or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement. XXII. No Personal Interest No member, official or employee of the Parties shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. XXIII. Insurance Certificates Parties agree to provide certificates evidencing its self-insurance coverage to the Zone Manager. Page 8 of 10 '. 2006-299 XXIV. Inteoration This Agreement constitutes the entire understanding and agreement of the Parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. COUNTY OF SAN BERNARDINO CITY OF COLTON By: By: Bill POSTMUS, Chairman Board of Supervisors Deirdre H. Bennett, Mayor Dated: Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO lEGAL FORM BB&K City Attorney DENA M. SMITH By: Clerk of the Board of Supervisors of the County of San Bernardino Dated: By: DENNIS WAGNER Interim County Counsel CITY OF SAN BERNARDINO By:e--~ Patr k J. Morris, Date: ~fz-y 71 c: Dated: APPROVED AS TO lEGAL FORM APPROVED AS TO FORM: By: Deputy County Counsel JAMES F. PENMAN City Attorney Dated: Page 9 of 10 " 2006-299 IVDA Inland Valley Development Agency, a joint powers authority Dated: By: Interim Executive Director ATTEST: Kelly Berry, Assistant Secretary Approved As To Form: By: IVDA Counsel Page 10 of 10 County of San Bernardino CERTIFICATE OF CLERK AS TO DOCUMENTS AND INSTRUMENTS STATE OF CALIFORNIA } } ss. COUNTY OF SAN BERNARDINO} I, DENA M. SMITH, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify that the attached copies of the minutes from the August 22, 2006 Board of Supervisors meeting are full, true and correct copies of all such records and documents which are in my custody or are on file in my office, and that I have compared said copies with the originals thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Board of Supervisors this 4th day of December, 2006. DENA M. SMITH Clerk of the Board of Supervisors of the County of San Bernardino, State of California By H:\Forrns\Certificate of Clerk as to Documents & Instruments.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) SS CITY OF SAN BERNARDINO ) I, RACHEL G. CLARK, City Clerk for the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of the City of San Bernardino signature pages 9 and 10 of Exbibit "A" of Resolution No. 2006-299 signed by Mayor Patrick J. Morris and City Attorney James F. Penman ONLY, is a true and correct copy ofthat now on file in the Office of tbe City Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 25th day of August, 2006. '-12Qr Jtel- .lJ, ('Y/VlR Rachel G. Clark, City Clerk ~..O~ By: Dodie Otterbein, Deputy City Clerk XXIV. Inteqration This Agreement constitutes the entire understanding and agreement of the Parties, integrates all of the terms and conditions mentioned herein or incidentai hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. By: Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By. APPROVED AS TO lEGAL FORM DENNIS WAGNER Interim County Counsel By k';~~L~ Deputy y 0 nsel Dated: 1'-'" ,'t.. CITY OF COLTON By: APPROVED AS TO lEGAL f'ORM BB&K City Attorney By: Dated' CITY OF SAN BERNARDINO By: PPROVED AS TO FORM: ./// JAMES F. PENMAN City Attorney Page 9 of 10 XXIV. Inteoration This Agreement constitutes the entire understanding and agreement of the Parties, integrates all of the terms and conditions mentioned herein or incidental hereto. and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. COUNTY OF SAN BERNARDINO . .---- By: ./,:"..,. ",,--- Bill POSTMUS, C fman Board of Su sors Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DENA M. SMITH e County of San Bemardino Clerk of the Board of Supervisors / , DENNIS WAGNER Interim County Counsel By: Dated: CITY OF COLTON By:5J~:^kJI~~ Deirdre H~ enne ,Mayor Dated: ~ /;JL-j-/v6 , , APPROVED AS TO LEGAL FORM BB&K City Attorney By: 7Slnlo{. Dated: -\~ b \\ CITY OF SAN BERNARDINO ____ ,,-/.. By: ~ Patrick J. Morris, MJY0r ,/ ",//' Date: ./ ./ ~OVED AS TO FORM: JAMES F. PENMAN City Attorney Inland Valley Development Agency By: Title: Date. XXIV. Intecration 2006-299 This Agreement constitutes the entire understanding and agreement of the Parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. COUNTY OF SAN BERNARDINO By: Dated: GNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DENA M SMITH Clerk of the Board of Supe County of San Bernardino By: APPROVED AS TO lEGAL FORM By: DENNIS WAGNER Interim County cou/ ./ / Deputy C l1ty Counsel CITY OF COLTON By: // Dated: "./ // A~'D AS TO lEGAL FORM BB&K City Attorney ~ By: / Dated: ./ / CITY OF SAN BERNARDINO By:e:r ---~ Patr k J. Morris, Date ~(1..y 11 c: APPROVED AS TO FORM: JAMES F. PENMAN City Attorney Page 9 of 10 2006-299 ~/ IVDA /~ /' /" / Inland Valley Development A~RCY, a joint powers authority /,/ Dated: By: " /,- InterjJrr'Executive Director /' ATTEST: // /" / Kelly Berry, AsSistant SecretCiry / / Approv.ed As To Form: / BY' I IVDA Counsel Page 10 of 10 Dated: SEAL ATTEST: ~ By: ~ City CIsrK' Dated >;/' ~VED AS TO LEGAL / /; By: ,.r"''''''- City ~riey Dated: /' / Dated: dfyJ ~3., 0?c1~C::: SEAL ATTEST: By: By: Dated: A"Jvs+:l-.~ :J..tJo~ SAN BERNARDINO City of San Bernardino, a muni. ~tion and charter city of the Sta California -/~ IVDA Inland Valley Development Agency, a joint powers authority established under the laws of the State of California B~~~ PATRIC J. MOR , -Chair Page 9 of 9 Dated: SEAL ATTEST: By: City Clerk Dated: APPROVED AS TO LEGAL FORM By: City Attorney Dated: Dated: SEAL ATTEST: By: By: SAN BERNARDINO City of San Bernardino, a municipal corporation and charter city of the State of California By: IVDA Inland Valley Development Agency, a joint powers authority established under the laws of the State of California By: DENNIS HANS ~ - ~~air ~ AI..ll. SSTI'...JL 0, Agency Counsel Dated: A..,j "c+ ~ 'J.::J..CO t" Page 9 of 9 1 CITY OF COLTON 2 COUNTY OF SAN BERNARDINO ss. STATE OF CALIFORNIA 3 4 I, CAROLINA P. BARRERA, City Clerk of the City of 5 Colton, hereby certify: 6 7 8 9 10 11 12 13 14 15 16 17 That attached hereto, to the best of my knowledge is a full, true and correct copy of: Memorandum of Understanding by and among the Cities of Colton and San Bernardino, The County of San Bernardino and the Inland Valley Development Agency as executed by the City of Colton, and approved by Council on August 15, 2006. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Colton this 30th day of August, 2006. (SEAL) ~~'ffl ~ CAROLINA P. BARRERA City Clerk City of Colton, California 18 Subscribed and sworn to before me on the 30th day of August, 2006. 19 20~~ 21 22 23 24 OLIVIA R. FLORES Chief Deputy City Clerk 25 26 27 28 APPROVED BY CITY COUNCIL Date y-15-d1- Item # I " MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO, THE COUNTY Of SANBERNARDltiOANP THE INLAND VALLEY DEVELOPMENT AGENCY THIS Memorandum of Understanding (this "MOU") is dated as of the -15th day of August. 2006. and is by and among the City of Colton, a municipal corporation and a general law city under the laws of the State of Califomia ("Colton"). the City of San Bemardino. a charter city duly existing pursuant to the Constitution of the State of Califomia ("San Bemardino"). the County of San Bemardino. a political subdivision of the Stale of California (the "County"). and the Inland Valley Development Agency. a joint powers authority existing pursuant to the Government Code of the State of California (the "IVDA"). Colton, San Bernardino, the County and the IVDA are sometimes collectively referred to hereinafter as the "Parties." RECITALS WHEREAS, the purpose of the State Enterprise Zone program is to stimulate business and industrial growth in depressed areas of the state by relaxing regulatory controls that impede private investment and on March 8. 2006. the California State Department of Housing and Community Development (HCD) issued a Request for proposalS to fill twenty-three (23) soon to be vacant enterprise zone designations; and WHEREAS, the Parties have joinUy and collectively pursued the preparation of a formal written application to the State of California. Department of Housing and Community Development ("HCD") for the designation of the properties described herein as the San Bernardino Valley Enterprise Zone ("Zone") on the attached Exhibit "A" within a State of California approved Enterprise Zone pursuant to Government Code Section 7070. et seq.. and California Code of Regulations. Title 25, Subchapter 21. Artide 1-13; and WHEREAS, the IVDA exists as a joint powers authority pursuant to Health & Safety Code Section 33492.40-33492.42. and Government Code Section 6500. et seq.. and is comprised of Colton, San Bernardino. and the County as three of the four members of the IVDA, and WHEREAS. upon the conditional designation of the Zone by HCD. the IVDA Board of Directors shall act as the Enterprise Zone Oversight Committee (EZOC); and WHEREAS. the Parties seek to cooperate in the manner as hereinafter set forth for the mutual purposes of administration of the Zone. and the parties seek to share certain expenses in connection therewith through the contribution of cash and the providing of in-kind staff services in furtherance of the common goal of the Parties as set forth in this MOU; and Page 1 of 11 NOW, THEREFORE, THE PARTIES MUTUALLY DECLARE THEIR INTENT AS OF THE DATE HERETO. AND SUBJECT TO THE PROVISIONS HEREOF. TO BE AS SET FORTH HEREJN:------ I. Definitions A. CAEZ - California Association of Enterprise Zones B. EDA - Economic Development Agency of the County of San Bernardino. C. EZOC - the Enterprise Zone Oversight Committee that will oversee the administration and operations of the Zone. The IVDA Board shall sit as the Enterprise Zone Oversight Committee. D. HCD - California State Department of Housing and Community Development. E. Technical Committee - a committee consisting of the Zone Manager and Zone Coordinators for the purposes of developing a Strategic Plan. Marketing Plan. annual budget. and addressing issues and concerns that may arise needing Zone Oversight Committee direction. Vouchering Agent - the entity designated to process hiring tax certificates or vouchers (vouchers). Vouchering Plan - the protocols in place to officially voucher qualified employees. F. G. H. I. J. II. puroose Zone _ San Bernardino Valley Enterprise Zone is that as shown on attached Exhibit. A." Zone Coordinator - the person appointed by each participating jurisdiction to oversee its respective portion of the Zone. Zone Manager - the person who administers and coordinates joint efforts of the Zone. The purpose of this MOU is to establish and assign the responsibilities of each jurisdiction in order to successfully and consistenUy administer and manage the Zone. III. Terms The effective date of this MOU shall commence upon the approval by the official action of the last Party authorized to execute this MOU by its appropriate governing body. No Party may terminate their participation in this MOU after the date that the application has been submitted to the State for designation as an enterprise zone. Any Party may terminate its participation in this MOU upon forty-five (45) days' prior written notice to the other Parties if such notice is delivered prior to the date that an application is submitted to the State for designation as an enterprise zone. Upon termination of this MOU as to any Party, the Zone Manager will forward immediately to each jurisdiction that has so -termiIlatedits .~articipalion~JhisMOU . ~L re~rds, .files_llnd reports it has compiled and maintained pursuant to this MOU with respect to such terminating Party. This MOU shall automatically terminate and be of no further force or effect upon the denial by the State of the submitted enterprise zone application or should the Parties so choose to abandon the application process prior to completion or submittal to the State. Unless this MOU has been extended by action of the Parties if allowed by law or if it has been terminated as to all Parties in the manner as set forth in this Section III, this MOU shall automatically terminate as of the close of business on the business day which is fifteen (15) years from and after the date of the final approval by the State of the application for the enterprise zone designation. In the event of the early termination of this MOU or upon sunset of the Zone, if there are any funds left in the budget after all costs have been expensed, funds shall be returned to each Party based on the percentages that contributions were made to the budget. IV. Duties and Resoonsibilities of the Parties A. The Parties shall have the following responsibilities: a. Each Party shall adopt an annual budget. See Attachment "B." b. The annual budget shall be funded by each Party based upon the percentage of industriaVcommercialland acreage within its jurisdiction at the time the Zone is designated. See Attachment .C." c. The Parties will cooperatively market the Zone. d. San Bernardino County agrees to act as and provide a Zone Manager in conjunction with its responsibility to provide a Zone Coordinator. e. The County of San Bernardino agrees to act as the Vouchering Agent for the SBVEZ. f. The City of SeR Bernardino. thA r:ity nf Cnltnl) and IVDA aaree to provide Zone Coordinators. B. The Zone Manager shall have the following responsibilities: a. Conduct meetings with EZOC and technical Committee, at a minimum, quarterly: February, May, August and October b. Coordinate maintenance of the Zone list of streets and addresses c. Coordinate maintenance of the Zone map d. Coordinate maintenance of Zone databases e. Implement the Zone's joint marketing plan f. Implement the Zone's vouchering plan g. Coordinate management of the Zone budget h. Coordinate communications between the EZOC and Zone Coordinators i. Prepare annual reports and participate in HCD Zone audits C. The Zone Coordinators shall have the following responsibilities for its portion of the Zone that is within its jurisdiction: a. Outreach and education for a specific region in the Zone b. Update Zone databases for a specific region in the Zone c. Assist in site selection for a specific region in the Zone d. Assist public with general information e. Implement and oversee a marketing plan for a specific region in the Zone f. Implement and oversee a strategic plan for a specific region in the Zone g. Manage in-house staff resources through ongoing training, guidance and assistance h. Prepare reports, at least quarterly, on activities within the Zone for a specific region in the Zone i. Update Zone list of streets and addresses for a specific region in the Zone j. Update Zone map for a specific region in the Zone k. Submit all reporting and information/statistical updates to the Zone Manager D. Zone Manager and Coordinators shall have the following responsibilities: a. Represent the Zone with City, State, and local agencies and developers b. Act as Zone liaison with State and local government authorities c. Travel as necessary to carryout the responsibilities as herein described d. DevelOp Zone databases e. DevelOp a Zone marketing plan f. Develop a Zone strategic plan g. Participate in organizational memberships h. Plan the Zone budget i. Work with CAEZ tracking legislation and educating public officials regarding the Enterprise Zone Program E. The Zone Oversight Committee shall have the following responsibilities: a. Approve the annual budget b. Approve expenditures over and above the approved budget c. Approve contracts and RFPs d. In the case the Zone Manager fails to perform hislher duties to the satisfaction of the other members of the Zone, by a majority vote of the EZOC, the Zone Manager can be replaced with a Zone Coordinator or other Zone member who will perform the duties of the Zone Manager on either an interim or permanent basis. V. Indemnification The Parties each agree to indemnify, defend and hold harmlesstheuother Parties to this MOU, their authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Agreement to the extent such liability, loss, damage and/or liability is caused by or results from the negligent or intentional acts or omissions of that Party, its officers, employees, agents and/or volunteers, and for any costs or expenses incurred by any of the Parties on account of any claim therefore, except where such indemnification is prohibited by law. In the event any Party is found to be comparatively at fault for any claim, action, loss or damage, which results from its respective obligations under this Agreement, that Party indemnifies the other Parties to the extent of its comparative fault. VI. Amendments This Agreement may be amended at any time by written agreement signed by the Parties. Such amendments will be binding upon the Parties and will have an effective date specified in the amendments. VII. Counteroarts This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument, binding on all Parties. VIII. Severabilitv Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity _of the rem~il!ing portions._terms.-C9!!ditionlUln_d provisions shllll not be affected thereby. - -' - -_..~_. IX. Govemina Law This Agreement shall be construed in accordance with and governed by the laws of the State of California. This Agreement shall be deemed made and entered into in San Bernardino County, which shall also be deemed to be the sole and proper venue for any action or proceedings relating to this Agreement. X. Authoritv to Execute Each Party and its respective officers and agents warrant and represent that it has the full power and authority to execute, deliver. and perform the obligations under this Agreement and that each Party's performance has been duly authorized by its respective governing body. XI. Notices - -All notices to be given pursuant totllisAgreement shaUJleinwritiog-<!lld either: (I) sent by first dass mail. in which case notices shall be deemed delivered fIVe (5) business days after deposit. postage prepaid In the United States mall; (ii) sent by nationally recognized ovemight courier; or (iii) by facsimile (fax). or similar means. if a copy of the notice is also sent by United States mail. in which case notice shall be deemed delivered on transmittal by facsimile (fax) or other similar means provided that a transmission report is generated reflecting the accurate transmission of the notices to addresses designated in writing by any party. If specifically authorized herein. some notices may be provided byemail transmission to specifically designated individuals. Notices shall be delivered to the Parties as follows: Colton: Ms. Candace Cassel Economic Development Director Economic Development Department 650 North La Cadena Colton. California 92324 Telephone: (909) 370-5167 Facsimile: Email: ccassel@cLcolton.ca.us San Bernardino: Mr. Emil Marzullo Economic Development Advisor Office of the Mayor City Hall 300 North "0" Street, Sixth Floor San Bernardino. California 92401 Telephone: (909) 384-5133 Facsimile: (909) 384-5067 Email: Marzullo em@sbcitv.Qov County: Ms. Kathleen Robles County of San Bemardino 215 North "0" Street, Suite 201 San Bernardino. California 92401 Telephone: (909)387-9837 Facsimile: (909) 387-9830 Email: krobles@ed.sbcountv.Qov IVDA: Mr. Alex Estrada Director of Redevelopment Inland Valley Development Agency 294 Leland Norton Way. Suite 1 San Bernardino. California 92408 Telephone: (909) 382-4100 Facsimile: (909) 382-4106 Email: alex@sbdairoort.com XII. Caotions The captions of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. XIII. Waiver No covenant, term or condition of this Agreement shall be deemed to be waived by any party unless such waiver is in writing and executed by the party making the waiver. No waiver of a breach of any of the terms, covenants, or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or proceeding breach of the same or any other term, covenant or condition. XIV. Parties Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the Parties or their respective successors and assigns, any rights or remedies under or by reason of this Agreement. This Agreement shall be binding upon the Parties and their respective successors and assigns. XV. Force Maieure The Parties shall be excused from performance during any period of delay caused by govemmental regulations, controls or directions, a state of emergency, acts of God, war hostilities, civil commotion, riots. epidemics or other natural casualties beyond the reasonable control of the Parties. Each party shall promptly notify the other party of any delay as soon as possible after the delay has been ascertained. XVI. Default Failure or delay by either party to perform any term or prOVISion of this Agreement constitutes a default under this Agreement The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure. correction or remedy with reasonable diligence and during any period of curing shall not be In default. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured. If the default is not commenced to be cured within fifteen (15) days after service of such notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the defaulting party may be liable for any damages caused by such default, and the non-defaulting party may commence an action for damages with respect to such default or for specific performance of this Agreement. XVII. Modification in Comoliance with Aoolicable Laws If any State or Federal law made or enacted after the date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law. Immediately after enactment of any such new law, the Parties shall meet and confer In good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. XVIII. Construction of Aareement The provisions of this Agreement and any exhibits hereto shall be construed as a whole aCCOrding to their common meaning and not strictly for or against any party and consistent with the provisions hereof in order to achieve the objectives and purpose of the Parties hereunder. Whenever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include all feminine or neutral genders, or vice versa. XIX. Miliaation of Damaaes In all situations arising out of this Agreement, each party shall attempt to minimize the damages resulting from the conduct of the other party. XX. Effectuation of Purooses of Aareement Each party shall take all necessary measures to effectuate the provisions of this Agreement. Each party shall do nothing which shall have the effect of Injuring the right of the other party to receive the benefits of this Agreement; each shall refrain from doing anything which would render its performance under this Agreement impossible; and each shall do everything which this Agreement contemplates that such shall do in order to accomplish the objectives and purposes of this Agreement. XXI. No Personal Liability No member, official or employee of the Parties shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach of this Agreement or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement. XXII. No Personal Interest No member, official or employee of the Parties shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is direcUy or indirecUy interested. XXIII. Insurance Certificates Parties agree to provide certificates evidencing its self-insurance coverage to the Zone Manager. . XXIV. Intearation This Agreementconstitutesil'1e--entira-uRderstal'ldil:lg-and agreement of the Parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereaf. COUNTY OF SAN BERNARDINO By: BILL POSTMUS, Chairman Board of Supervisors Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DENA M. SMITH Clerk of the Board of Supervisors of the County of San Bernardino By: Dated: APPROVED AS TO LEGAL FORM DENNIS WAGNER Interim County Counsel By: Deputy County Counsel Dated: CITY OF COLTON By:5)':^kJI~~~ Deirdre H~ enne . Mayor , Dated: 'if /-;1 /~(, I I APPROVED AS TO LEGAL FORM BB&K City Attorney By: 1S(7- ~ /0(" Dated: -{_ b \~\ CITY OF SAN BERNARDINO By: Patrick J. Morris. Mayor Date: APPROVED AS TO FORM: JAMES F. PENMAN City Attorney Inland Valley Development Agency By: Title: Date: '. ,'" '},. > ,. '~~I"" t,. .~ ~:'" c. .....,: .'..:J'.....,~<:.; j ;';,. :;<:. .'~ ''': '-. , ' "fr.:~; .,-/;/'::/J . ...:..t;:.-::..,'..; '~';'-:...\ ' ... 'x. .. "rZ',' ~.'- ' ~,:,.' ...\' 'r~1:ir~ .~- +-;.t~t.:... ..j ,.". t' !l! 2 w ~I 0.' ~~ fill 31 0. o If ~., i :i. . al I T t' Attachment "8" to MOO IExpen" 1111tY_ 2nd Y_ 3rdY_ r4lh-Y_ 5UI T.... Eilvlronmentallmpact Report 5250.000 lI.rkelIlllI .000 ....IlOO ~.ooo ~.5OO N_ile oevelopm~nce $12, $4,000 , , . ~oevelopmenl , ~ ~res,co) sr. $7,000 $7.000 $7~ $1. $7.000 $1,000 57,000 $1, rade t 60011'1 , Advertiserneent ,000 - 525,000 ' 525,000 $25,000 $25,000 GraphIC ArtISt 5 itl , $5.50( s~ IZOn8 aMget' - 530,000 :!3:ooo $30,000 530,000 $30,000 Insurance ~ ~ -13-;500 -$4.000 eEi po 52,500 52.IlOO 52.500 :m!: P Mem rilifps s5j!! sa:;!! , J!!! ~raY81 ~ ~ooo J!!! S1]!: , CouPHI . ~ :E![ S@ PiOT- ~ J!5,ooo s16,OOi1 , ""'11.500 ~ ,50 15, I'. 1.250 Proposed Annual Budget for First Five (5) Years of the San Bernardino Valley Enterprise Zone ~.-- ~.__., ..._-." _ .._._ ._.,_~ .r".."' .." . . ..---....-. -'-'.'-" -----.. Atta..I""eJlt "C" to MOV AI;rU Pen:elllllge Jurledlcllon Induetrtal/COmmen:ial eost Shall Colton 2428 San Bernardino Cl 7146 Cou 1619 Tolal 11193 IVOA 3.845 40% 2426 22% 7,146 64% 1619 14% 11,193 100% . . ,.__n_ n_'.__'. ._.... ...,-' - ..n., .. ~ ~ -. -.. .. I REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION August 22, 2006 FROM: BRIAN P. MCGOWAN, ECONOMIC DEVELOPMENT ADMINISTRATOR ECONOMIC DEVELOPMENT AGENCY SUBJECT: RESOLUTION AUTHORIZING THE SUBMITTAL OF A MULTI- JURISDICTIONAL APPLICATION FOR DESIGNATION AS AN ENTERPRISE ZONE AND RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING RECOMMENDATION: 1. Adopt Resolution No. 2006.304 authorizing the submittal of a multi-jurisdictional application to the State Department of Housing and Community Development for designation as an enterprise zone; 2. Adopt Resolution No. 2006.305 approving Memorandum of Understanding Agreement No. 06-937 between the Cities of San Bernardino and Colton, the Inland Valley Development Authority, and the County of San Bernardino for the funding, management, and jurisdictional responsibilities of the San Bernardino Valley Enterprise Zone upon final designation by HCD. BACKGROUND INFORMATION: The purpose of the California State Enterprise Zone program is to stimulate business and industrial growth in depressed areas of the state by relaxing regulatory controls that impede private investment. In accordance with Government Code 7073(g), the State of California may designate up to 42 Enterprise Zones statewide. During the fourth quarter of 2006 and the first quarter of 2007, 23 of the current 42 Enterprise Zones will reach the end of their designation period. Therefore, on March 8, 2006, the State Department of Housing and Community Development (HCD) released a Request for Proposals (RFP) to fill these upcoming vacancies. As a result of the release of the RFP, the Cities of San Bernardino and Colton (Cities), the County's Economic Development Agency (EDA), and the Inland Valley Development Authority (IVDA) formed a steering committee to research the feasibility of a joint application to obtain an Enterprise Zone (EZ) designation to be known as the San Bernardino Valley Enterprise Zone (SBVEZ). The EZ designation, if approved by HCD, shall be for fifteen (15) years. A joint EZ application has been prepared for submittal to HCD. With the submittal of a multi-jurisdictional EZ application, HCD requires substantiation of an EZ that will be consistent in program delivery, collaboration between jurisdictions applying for the EZ designation, and commitment from all jurisdictions to the State's EZ program. To demonstrate a high level of commitment, consistency in programs, and cooperation between the Cities, County, and IVDA, a Memorandum of Understanding (MOU) has been prepared that sets forth the duties and responsibilities for each jurisdiction that is party to the SBVEZ application. Additionally, the MOU addresses the proposed budget for the first five (5) years of the EZ. w/Resolution CC: EDA - Robles w/MOU Contractor c/o EDA w/MOU ACR - Mejico w/MOU IDS w/MOU Risk Management Retirement Board - Barrett EDA - McGowan County Counsel - Biakemore CAO - Erickson File w/Agreement No. 06-937; Economic Development Agency w/attachments Page 1 of 2 Record of Action of the Board of Supervisors AGREEMENT NO. 06-937 RESOLUTION NO. 2006-304 and 2006.305. APPROV CALENDAR) ORS RDINO MOTION AYE SECOND 4 5 ITEM 050 Rev 07/97 BY DATED: mb (08/28/06) .. , RESOLUTION AUTHORIZING THE SUBMITTAL OF A MULTI-JURISDICTIONAL APPLICATION FOR DESIGNATION AS AN ENTERPRISE ZONE AND RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING August 22, 2006 Page 2 of2 Each jurisdiction will have the duties to provide business assistance to their respective businesses within the SBVEZ, cooperate in a joint marketing strategy, and approve an annual budget. Additional responsibilities will include the County as Zone Manager and the IVDA as the SBVEZ Oversight Committee. The first year's total annual budget is estimated to be $428,500 due to the possible requirement of an EIR covering the application area. The first year's SBVEZ budget includes: Marketing Services and incidentals (travel, trade shows, etc.) - $99,000; Professional Services - $40,000; Zone Manager salary - $30,000; Insurance/Auditing/Counsel - $9,500; and EIR - $250,000. These costs are to be offset by payments from the Cities of San Bernardino and Colton, the County, and IVDA. The County's share of the estimated first year's budget is $37,088. If an EIR is not required, then the County's share is estimated to be $15,450. Each annual budget thereafter is estimated to be approximately $115,000 with the County's share estimated to be $39,166 over the next four (4) years. . The approval of the first recommendation will authorize the County to participate in the submittal of the EZ application to HCD and designate the Director of the Department of Economic Development, or appointed designee, as the Contact person on behalf of the County for the SBVEZ. The application is due to HCD by September 6, 2006. The current draft application is in substantially final form. The approval of the second recommendation will authorize the Board to execute the MOU and acknowledge that in the event the application is not approved by HCD, the MOU will terminate without further action by the Board. REVIEW BY OTHERS: This item has been reviewed by County Counsel (Michelle D. Blakemore, Deputy County Counsel, 387-5455) on August 2, 2006; and the County Administrative Office (Matthew Erickson, 387-3937) on August 2, 2006. FINANCIAL IMPACT: The County's share of the first year's budget is $37,088 and is included in the proposed FY 2006/07 budget (AAA-EDF). If the application is approved by HCD, EDA will return to the Board to establish the budget fund for the SBVEZ. If an EIR is not required, then the County's first year cost is estimated to be $15,450. The first year's total annual budget is estimated to be $428,500 due to the possible requirement of an EIR covering the application area. The first year's SBVEZ budget includes: Marketing Services and incidentals (travel, trade shows, etc.) - $99,000; Professional Services - $40,000; Zone Manager salary - $30,000; Insurance/Auditing/Counsel - $9,500; and EIR - $250,000. These costs are to be offset by payments from the Cities of San Bernardino and Colton, the County, and IVDA. The County's share of the estimated first year's budget is $37,088. If an EIR is not required, then the County's share is estimated to be $15,450. Each annual budget thereafter is estimated to be approximately $115,000 with the County's share estimated to be $39,166 over the next four (4) years. SUPERVISORIAL DISTRICT(S): 2nd, 3rd, 5th PRESENTERS: Brian P. McGowan, Economic Development Administrator, (909) 387-9800. Kathleen Robles, Economic Development Specialist, (909) 387-9837. 08/22/06 050 I , " RESOLUTION NO. 2006-304 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT FOR DESIGNATION AS AN ENTERPRISE ZONE IN PARTICIPATION WITH THE CITY OF COLTON, THE CITY OF SAN BERNARDINO, AND THE INLAND VALLEY DEVELOPMENT AUTHORITY AND DIRECTING THE COUNTY OF SAN BERNARDINO TO EXECUTE ANY NECESSARY DOCUMENTS AND AGREEMENTS THERETO On Tuesday, August 22, 2006, on motion of Supervisor Biane, duly seconded by Supervisor Gonzales and carried, the following resolution is adopted by the Board of Supervisors of San Bernardino County, State of California. Whereas, the County of San Bernardino (COUNTY) by the adoption of this Resolution hereby authorizes the submittal of an application to the State of California, Department of Housing and Community Development, for designation of an Enterprise Zone in participation with the City of Colton, the City of San Bernardino, and the Inland Valley Development Authority (IVDA) for the approximately 25,776-acre area as illustrated on Exhibit "A" as attached hereto and such area is referred to herein as the "Application Area;" and WHEREAS, the purpose of the Enterprise Zone program is to stimulate business and industrial growth in depressed areas of the State by relaxing regulatory controls that impede private investment and on March 8, 2006, the California State Department of Housing and Community Development (HCD) issued a Request for Proposals to fill eighteen (18) upcoming vacant enterprise zone designations; and WHEREAS, the IVDA, the Cities of Colton and San Bernardino, and the County of San Bernardino formed a steering committee to research the feasibility of a joint application to obtain an Enterprise Zone designation; and WHEREAS, a joint Enterprise Zone application has been prepared to include those portions of the Cities of Colton and San Bernardino and the County of San Bernardino that meet the qualifications for designation as and Enterprise Zone; and Whereas, the Application Area is an economically depressed, blighted commerciallindustrial and residential area characterized by chronically high levels of unemployment which is in need of an Enterprise Zone designation in order to retain existing private sector investment and to attract new private sector investment to such Application Area; and Whereas, the COUNTY authorizes and supports job development, job creation, and economic development, and the COUNTY has determined that the designation as an Enterprise Zone would make available a range of State of California tax and employment hiring tax credits that would create incentives for businesses to invest in new or upgraded facilities and to establish new employment opportunities within the Application Area for the benefit of the region; and 1 Whereas, the COUNTY by the adoption of this Resolution authorizes the staff of the Economic Development Agency to be available on an as-needed basis to maintain record keeping, monthly updates on the proposed Enterprise Zone activities, and to discuss these activities with program auditors, representatives, and administrators from the State of California as part of the Application process for the Application Area; and Whereas, the COUNTY shall develop a self-evaluation process to measure progress in meeting the goals and objectives to be established for the Enterprise Zone, and said process shall be submitted to HCD, for review, approval, and inclusion in the Memorandum of Understanding with HCD prior to the final designation of an Enterprise Zone by HCD; and Whereas, the COUNTY agrees to complete all actions to be stated within the Application that apply to its territorial jurisdiction included within the Application Area for the life of the Enterprise Zone, fifteen (15) years, should the proposed Enterprise Zone be awarded a final designation; and Whereas, the Director of the Department of Economic Development, or her designee, has been designated as the Contact person on behalf of the COUNTY for the Enterprise Zone. NOW THEREFORE, BE IT RESOLVED, that the County of San Bernardino authorizes that the application be submitted to the State of California, Department of Housing and Community Development, supports the Application for the designation of the Application Area as an Enterprise Zone, and authorized the Director of the Department of Economic Development to, or her designee, as the Contact person on behalf of the COUNTY for the Enterprise Zone. PASSED AND ADOPTED by the Board of Supervisors of the County of San Bernardino, State of California, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS: SUPERVISORS: SUPERVISORS: SUPERVISORS: Postmus, Biane, Hansberger, Ovitt, Gonzales None None None ***** STATE OF CALIFORNIA ) ) SS COUNTY OF SAN BERNARDINO ) I, Dena M. Smith, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the foregoing to be a full, true and correct copy of the record of the action taken by said Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of August 22, 2006, Item# 50, mb. By: ~ .' RESOLUTION NO. 2006-305 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE INLAND VALLEY DEVELOPMENT AUTHORITY, THE CITIES OF COLTON AND SAN BERNARDINO, AND THE COUNTY OF SAN BERNARDINO IN CONNECTION WITH THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT FOR DESIGNATION AS AN ENTERPRISE ZONE On Tuesday, August 22, 2006 on motion of Supervisor Biane, duly seconded by Supervisor Gonzales and carried, the following resolution is adopted by the Board of Supervisors of San Bernardino County, State of California. WHEREAS, on August 22, 2006, the County of San Bernardino Board of Supervisors authorized the submittal of an application to the State of California, Department of Housing and Community Development (HCD), for designation of an Enterprise Zone in participation with the City of Colton, the City of San Bernardino, and the Inland Valley Development Authority (IVDA) for the approximately 25,776-acre area as illustrated on Exhibit "A" as attached hereto and such area is referred to herein as the "Application Area;" and WHEREAS, the purpose of the Enterprise Zone program is to stimulate business and industrial growth in depressed areas of the State by relaxing regulatory controls that impede private investment and on March 8, 2006, HCD issued a Request for Proposals to fill twenty- three (23) upcoming vacant enterprise zone designations; and WHEREAS, the IVDA, the Cities of Colton and San Bernardino, and the County of San Bernardino (COUNTY) formed a steering committee to research the feasibility of a joint application to obtain an Enterprise Zone designation; and WHEREAS, a joint Enterprise Zone application has been prepared to include those portions of the Cities of Colton and San Bernardino and the COUNTY that meet the qualifications for designation as an Enterprise Zone; and WHEREAS, the intended application to be submitted to HCD is a multi-jurisdictional Enterprise Zone application and therefore HCD requires documentation of consistency in the management of the proposed Enterprise Zone; and WHEREAS, while each jurisdiction has agreed upon specific responsibilities within each of their jurisdictions and for the Enterprise Zone as a whole, an MOD has been prepared for inclusion into the application to reflect the commitment and cooperation between the govemmental entities; and 1 , '. WHEREAS, the term of the MOV shall be for the life of the Enterprise Zone, which is 15 years. NOW THEREFORE, BE IT RESOLVED, that the County of San Bernardino agrees to: 1. The terms and conditions of the attached MOV for the purpose of managing the Enterprise Zone upon designation by HCD; 2. Authorize the execution of the attached MOV; 3. Adhere to the purposes and intent of the MOV as provided therein subject in all respects to the limitations and the right of withdrawal as specifically provided in the MOV; and 4. Recognize that until such time as HCD has officially designated the Application Area for inclusion within an Enterprise Zone, the rights, duties and obligations of the parties to the MOV shall be as set forth therein. 5. Acknowledges that in the event the application is not approved by HCD, the MOV will terminate without further action by the Board of Supervisors. PASSED AND ADOPTED by the Board of Supervisors of the County of San Bernardino, State of California, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS: SUPERVISORS: SUPERVISORS: SUPERVISORS: Postmus, Biane, Hansberger, Ovitt, Gonzales None NOne None ***** STATE OF CALIFORNIA .) ) SS COUNTY OF SAN BERNARDINO ) I, Dena M. Smith, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the foregoing to be a full, true and correct copy of the record of the action taken by said Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of August 22, 2006, Item# 50, mb. By: