HomeMy WebLinkAboutR35-Economic Development Agency ORIGINAL CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Maggie Pacheco SUBJECT: Reimbursement Agreement with Inland Valley
Executive Director Development Agency(IVDA)-Enterprise Zone
DATE: October 29, 2007
Synopsis of Previous Commission/Council/Committee Action(s):
On July 19, 2007, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend that the
Community Development Commission consider this action for approval with the condition that Staff follow-up with the
item/matter annually with regards to the funding amount from IVDA.
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Recommended Motion(s):
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a
Reimbursement Agreement by and between the Agency and the Inland Valley Development Agency("IVDA")related
to the Economic Development Agency Staff position as the designated Enterprise Zone/Economic Development Project
Manager
Contact Person(s): Maggie Pacheco Phone: (909)663-1044
Project Area(s): All Ward(s): All
Supporting Data Attached: Q Staff Report❑✓ Resolution(s) 0 Agreement(s)/Contract(s) ❑Map(s) ❑Letter(s)
Approximately
FUNDING REQUIREMENTS: Amount: $ 110,000 Source: EDA and IVDA Funds
Budget Authority: 2007-2008 EDA and IVDA Budget
Signature: ----""' Fiscal Review: ct-.t_a '�`"� ��l 5c
aggie Pacheco,Executive Director Barbara Lindseth,Administrative S rvic-s Director
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Commission/Council Notes: �c 0 7--a
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PAAgendas\Comm Dev Commission\CDC 2007\11-05-07IVDA Reimbursement-Enterprise Zone SR.doc COMMISSION MEETING AGENDA
Meeting Date: 11/05/2007
Agenda Item Number: K3S
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
REIMBURSEMENT AGREEMENT WITH
INLAND VALLEY DEVELOPMENT AGENCY (IVDA)—ENTERPRISE ZONE
BACKGROUND/CURRENT ISSUE:
On August 21, 2006, the City of Colton, the City of San Bernardino ("City"), the County of San
Bernardino and the Inland Valley Development Agency ("IVDA") (collectively, the "Parties") entered
into a Memorandum of Understanding ("MOU") in which the Parties memorialized the agreement
among the parties in order to implement the Enterprise Zone ("Zone") responsibilities. The Zone was
approved conditionally in 2006 by the State Department of Housing and Community Development
("HCD"). The purpose of the Zone is to stimulate business and industrial growth in depressed areas of
the State by relaxing regulatory controls that impede private investment and to provide certain state tax
incentives. The State's Zone Program targets economically distressed areas throughout the State to
encourage business investment and promote the creation of new jobs. Businesses located or locating
within the Zone would be eligible to apply for certain tax incentives. The Zone is in excess of 25,000
acres and more than 10,000 acres of the Zone are located within the City's boundaries (See attached
Resolution No. 2006-299, including Exhibit"A", Zone Map).
Because the Agency is responsible for stimulating business growth and is the economic arm of the
City, on June 21, 2007, the Community Development Commission of the City of San Bernardino
approved the Economic Development Agency ("Agency") 2007-2008 Budget, which included 100%
of the funding for the position of an Enterprise Zone/Economic Development Project Manager ("EZ
Manager"). First and foremost, the EZ Manager will be responsible for implementing the City's
portion of the Zone, such as recruiting potential businesses under the Zone; market the Zone to
promote a positive image; promote business-to-business relationships and cooperation; work to attract
and retain businesses; conduct extensive business and employee outreach efforts; inform businesses of
local and state incentives of the Zone; review applications and determine Zone eligibility; develop
Zone budgets; coordinate with other governmental agencies; participate with the applicant through the
process to ensure a smooth customer service experience; assist with the coordination activities with
other redevelopment projects and economic development programs in the Zone; implement the
provisions of Sections IV.0 and D, as set forth in that certain MOU dated as of August 22, 2006, by
and among the participants in the Zone. The term of the Zone is 15 years.
However, as a significant portion of the Zone falls within the IVDA, Agency and IVDA, staff have
discussed the duties of the EZ Manager and are of the opinion that the EZ Manager to be hired and
funded by the Agency would also be able to assist the IVDA in the implementation of their respective
duties. Consequently, the IVDA has agreed that the Agency will employ the EZ Manager (said
position was 100% budgeted in the 2007-2008 EDA approved budget) and the EZ Manager will assist
and report to the IVDA staff on a weekly basis for the implementation and admini--t--6-- .,f fl,- TIM A
Zone responsibilities. Accordingly, the IVDA will reimburse the Agency $20,00(c�pp 1 Q
2007-2008. Although the term of the proposed Agreement is 15 years, consistent AOM, LejYIC> ,G e
Zone, the IVDA shall have the discretion to appropriate funding beyond fiscal ye;
term of the Agreement. The IVDA governing board approved the Reimbu
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P-.\Agendas\Comm Dev Commission\CDC 2007\11-05-07 IVDA Reimbursement-Enterprise Zone SR.doc COMMISSION
Mee
Agenda Iter
Economic Development Agency Staff Report
IVDA Reimbursement Agreement—Enterprise Zone
Page 2
("Agreement") at the regular meeting of the IVDA as held on October 24, 2007, which is subject to
annual review as further set forth in the Agreement. The Agreement is attached to the Resolution as
included in this agenda item.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
The $20,000 to be reimbursed to the Agency by the IVDA will decrease the Agency's administration
and operations costs for the Manager, estimated to be $110,000 annually for fiscal year 2007-2008, to
approximately$90,000.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Maggie Pacheco, Executive Director
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PAAgendas\Comm Dev Commission\CDC 2007\I 1-05-07IVDA Reimbursement-Enteprise Zone SR.doc COMMISSION MEETING AGENDA
Meeting Date: 11/05//20007
1/"
Agenda Item Number: ' `w
I RESOLUTION NO. 2006-299
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO APPROVING A CERTAIN
MEMORANDUM OF UNDERSTANDING IN CONNECTION WITH AN
4 APPLICATION TO THE STATE OF CALIFORNIA FOR THE
DESIGNATION OF AN ENTERPRISE ZONE WITHIN 'A PORTION OF
5 ITS TERRITORIAL JURISDICTION
6
7 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
10 in participation with the Inland Valley Development Agency, the County of San Bernardino and
11 the City of Colton for the approximately 25,776-acre area as illustrated on and fiu-ther described in
12 the Exhibit "A" as attached hereto together with the map of the proposed Enterprise Zone (such
13 area is referred to herein as the "Application Area"); and
14
15 Whereas, the Application Area is an economically depressed, blighted
16 commercial/industrial and residential area characterized by chronically high levels of
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
j 1 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 1. 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 inclusion of those portions of the City boundaries which are set forth on Exhibit "A" to be
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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 of the 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 City/Economic 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 MOU. 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
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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.
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4833-3960-5505.1 -4-
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
THE DESIGNATION OF AN ENTERPRISE ZONE WITHIN A PORTION OF ITS
3 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]t, regular meeting thereof, held on the
7 21st day of August , 2006,by the following vote to wit:
8
Council Members: Ayes Nays Abstain Absent
9
10 ESTRADA x
BAXTER X_
11
VACANT
12
DERRY x
13
KELLEY x
} 14 J014NSON _x _
15 MC CAMMACK x
16
17
Ra el G. Clark, City Clerk
18 v,Qi
The foregoing resolution is hereby approved this ;L-D day of August , 2006.
19
21 tio . Morris,Mayo
an Bern ardino
22
Approved as to form:
23
JAMES F. PENAMN
24 1 Attorney
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4833-3960-5505.1 -5-
2006-299
1 Exhibit"A"
Application Area
2 (description and map)
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4833-3960-5505.1 -6-
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. 1
STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO) SS
3 CITY OF SAN BERNARDINO )
4 I, RACHEL G. CLARK, City Clerk for the City of San Bernardino,
5 DO HEREBY CERTIFY that the foregoing and attached copy of the City of
6 San Bernardino Resolution No. 2006-299 is a full, true and correct copy of
7 that now on file in the Office of the City Clerk.
8
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
9
the official seal of the City of San Bernardino this 23rd day of August,2006.
10
Su•- �J1.J�
12 Rachel G. Clark, City Clerk
13
14
15 By: Dodie Otterbein,DeputyCity Clerk
16
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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 22nd 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
}
1
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—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.
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
~l 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/commercial land 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
t
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 for a
specific region in the Zone
L 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
I 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.
i
Page 4 of 10
2006-299
J )
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.
Vl. 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. Counterparts
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. Severability
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.
X. Governing 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. Authority 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.
l
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2006-299
I
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: ccasselaci.colton.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 em(cr)sbcity.gov
County: 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: kroblesRed.sbcounty.gov
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 _sbdairport.com
l
i
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.
XVIL 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
I 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
1
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 Agreement
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. Mitigation of Damages
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 Agreement
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
1 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.
1
Page 8 of 10
2006-299
XXIV. Integration
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 Deirdre H. Bennett, Mayor
Board of Supervisors
Dated: Dated:
SIGNED AND CERTIFIED THAT A COPY APPROVED AS TO LEGAL FORM
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF BB&K
THE BOARD City Attorney
DENA M. SMITH
By:
Clerk of the Board of Supervisors of the
County of San Bernardino
Dated:
By:
CITY OF SAN BERNARDINO
Dated:
By.
Patr k . Morris,
APPROVED AS TO LEGAL FORM
DENNIS WAGNER Date:
Interim County Counsel
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
1
Page 10 of 10
1 RESOLUTION NO.
o ®
2
3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
4 AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
5 ("AGENCY") TO EXECUTE A REIMBURSEMENT AGREEMENT BY
6 AND . BETWEEN THE AGENCY AND THE INLAND VALLEY
DEVELOPMENT AGENCY ("IVDA") RELATED TO THE ECONOMIC
7 DEVELOPMENT AGENCY STAFF POSITION AS THE DESIGNATED
ENTERPRISE ZONE/ECONOMIC DEVELOPMENT PROJECT
8 MANAGER
9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("'Agency") is a
10 public body, corporate and politic; and
11 WHEREAS, Inland Valley Development Agency ("IVDA") was established pursuant to a
12 joint exercise of powers agreement in January 1990 for the purpose of conversion, redevelopment
13 and civilian reuse of the former Norton Air Force Base located within the City of San Bernardino
14 ("City"); and
15
WHEREAS, an Enterprise Zone designation was granted by the State of California in
16 October 2006, creating the Inland Valley Enterprise Zone (the "Zone"), which encompasses portions
17 of the City, the City of Colton and unincorporated areas of the County of San Bernardino; and
18 WHEREAS, in furtherance of the requirements of the Zone, the Agency intends to hire an
19 Enterprise Zone/Economic Development Project Manager (the "EZ Manager") to manage the
20 10,000 acres of the Zone which fall within the City limits, including those portions of the IVDA
21 which fall within the Zone; and
22 WHEREAS, the EZ Manager will assist and report to the IVDA staff on a weekly basis for
23 the implementation and administration of the IVDA Zone responsibilities for which the IVDA have
24 agreed to reimburse annually, the Agency Twenty Thousand Dollars ($20,000), subject to annual
25 review as further set forth in the Reimbursement Agreement ("Agreement").
26 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
27 CITY OF SAN BERNARDINO DOES HEREBY FIND AND DETERMINE, AS FOLLOWS:
`8 t
1
P:\Agendas',RaolutionsReolution 200T11-05-07 IVDA Reimbursement-Ent®Trie Zone CDC Reo.doc
I Section 1. The Community Development Commission of the City of San Bernardino
,
2 ("Commission") hereby finds and determines that the recitals as set forth above are accurate and
3 correct in all respects.
4 Section 2. The Commission hereby approves and authorizes the Executive Director of
5 the Agency to execute the Agreement as attached, by and between the Agency and the IVDA,
6 whereby the IVDA will reimburse the Agency in the amount of $20,000 per annum, subject to
7 annual review as further set forth in the Agreement.
8 Section 3. The Resolution shall become effective immediately upon its adoption.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ill
24
25
26
I Ar 27
28
2
P:,Aerndar,Resolutions\Resolutions�,2007\11-05-071VDA Reunbursement-Enterprise Zone CDC Reso doe
I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
2 AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE A REIMBURSEMENT AGREEMENT FOR
4 THE INITIAL ANNUAL AMOUNT OF $20,000 BY AND BETWEEN THE
AGENCY AND THE INLAND VALLEY DEVELOPMENT AGENCY
5 ("IVDA") RELATED TO THE ECONOMIC DEVELOPMENT AGENCY
STAFF POSITION AS THE DESIGNATED ENTERPRISE
6 ZONE/ECONOMIC DEVELOPMENT PROJECT MANAGER
7
8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9 Development Commission of the City of San Bernardino at a meeting
10 thereof, held on the day of , 2007, by the following vote to wit:
11 Commission Members: Ayes Nays Abstain Absent
12 ESTRADA
13 BAXTER
14 BRINKER
15 DERRY
KELLEY
16
JOHNSON
17
MC CAMMACK
18
19
20 Secretary
21 The foregoing Resolution is hereby approved this day of , 2007.
22
23
Patrick J. Morris, Chairperson
24 Community Development Commission
25 of the City of San Bernardino
26 Approved as to Form:
27 � BY:
; Y
28 Agency Co sel
3
REIMBURSEMENT AGREEMENT
FOR THE INLAND VALLEY DEVELOPMENT AGENCY AND
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO STAFF POSITION OF
ENTERPRISE ZONE/ECONOMIC DEVELOPMENT PROJECT MANAGER
This Reimbursement Agreement(this"Agreement"),is entered into and shall be effective as of this
5`h day of November,2007,by and between the Inland Valley Development Agency(the"IVDA"),a joint
powers authority organized and existing pursuant to Government Code Section 6500, et seq., and the
Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and
politic, established as a community redevelopment agency pursuant to the California Community
Redevelopment Law("CRL"), and the IVDA and the Agency are each referred to herein as a"Party"and
are collectively referred to as the "Parties."
RECITALS
A. The Agency intends to hire an individual to serve as the Enterprise Zone/Economic
Development Project Manager(the"Manager")in the position as either an employee or a consultant of the
Agency in furtherance of the Enterprise Zone designation as granted to the City of San Bernardino (the
"City"), the City of Colton and the County of San Bernardino by the State of California; and the Agency .
description of the position for the Manager in the form as is currently being advertised seeking qualified
candidates is attached hereto as Attachment 1 and incorporated herein by reference; and
B. The position description includes provisions for the scope of services as identified therein
plus additional services that may be required as provided in the Agency Personnel Policies,and the Agency
Staff shall be authorized to direct the Manager to provide such other services as are reasonably required to
complete the scope of services in furtherance of the Enterprise Zone and other economic development
related activities in accordance with the terms and provisions applicable upon the retention of the Manager;
and
C. The IVDA has agreed to pay an amount equal to Twenty Thousand Dollars ($20,000) for
the initial fiscal year, or any portion thereof, for the services of the Manager after the services for an
individual in such position has been procured by the Agency,to assist in the administration and marketing
of the Enterprise Zone within the City,including the adopted redevelopment project area of the IVDA as is
presently included within the Enterprise Zone; and
D. The position of the Manager shall include, but not be limited to, the following duties and
responsibilities defined herein as the"Scope of Services":recruit potential businesses under the Enterprise
Zone;market the Enterprise Zone to promote a positive image;promote business-to-business relationships
and cooperation;work to attract and retain businesses-,conduct extensive business and employee outreach
efforts; inform businesses of local and state incentives of the Enterprise Zone; review applications and
determine Enterprise Zone eligibility; develop Enterprise Zone budgets; coordinate with other
governmental agencies; participate with the applicant through the process to ensure a smooth customer
service experience; assist with the coordination activities with other redevelopment projects and economic
development programs in the Enterprise Zone; implement the provisions of Sections IV.0 and D, as set
forth in that certain Memorandum of Understanding dated as of August 212, 2006, by and among the
participants in the Enterprise Zone; and
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P.Agenda'Agenda Anachments`AgnTns-Amend 200711-05-07[VDA Reimbursement Agreement-Final.doc
E. The Parties collectively seek to memorialize their agreement and understandings on the
terms and conditions under which the Agency will undertake the hiring of the Manager and the
administration of the Enterprise Zone within the City for the benefit of both the Agency and the NDA and
the terms pursuant to which the IVDA will reimburse or pay directly a portion of the annual costs of the
Manager incurred in furtherance of the approved position description.
Agreements
The Parties hereby agree as follows:
1. Approval of the Enterprise Zone/Economic Development Project Manager.
a. Approval of the Enterprise Zone/Economic Development Project Manager by the
Agency.The Agency and the NDA Director of Redevelopment&Transportation shall jointly approve the
hiring or retention of the Manager and expeditiously commence the administration and marketing of the
Enterprise Zone. The Agency shall control all aspects of the retention of employment of the Manager and
the NDA shall have no authority to direct the Manager other than to provide suggestions to the Agency
Staff as to the manner and scope in which the Scope of Services shall be undertaken.
b. Coordination and Enterprise Zone Management.The Agency,with the concurrence
of an authorized representative of the Agency, shall direct the Manager, in full conformity with the terms
of employment or other contract and consistent with the Scope of Services as defined in Recital D., to
perform such Scope of Services as expeditiously as possible. The IVDA staff will be permitted to
participate in meetings conducted by the Agency Staff with the Manager and representatives of the
adjacent participating jurisdictions.
C. Work Product. All work product prepared by the Manager shall at all times be the
sole and exclusive property of the Agency unless the Agency Staff and the NDA staff, each at their sole
discretion, elect to distribute such work product to the IVDA or any other participating juri sdiction.
d. Payment to the Agency by the IVDA. The Agency shall provide to the NDA, an
invoice for the costs to be incurred by the Agency for the employment or retention of the Manager
annually in an amount not to exceed Twenty Thousand Dollars($20,000)for the 2007-2008 fiscal year,or
any portion thereof for which the Manager is then employed or retained by the Agency, during the initial
fiscal year of the term of this Agreement. Such payment shall be in furtherance of the Scope of Services
that shall be undertaken for the benefit of the NDA and the Agency by the Manager. The IVDA shall pay
such amount as invoiced within thirty(30)calendar days after receipt of such invoice.Failure of the NDA
to remit the required amounts in a timely manner shall allow the Agency to terminate this Agreement
immediately upon notice delivered to the NDA and allow the Agency, at its election,to proceed with the
administration and implementation of the Enterprise Zone without participation of the NDA staff in aspect
of the Scope of Services of the Manager. Similar budget approvals by the Agency for the salary and costs
of the Manager for subsequent fiscal years shall be granted at the sole discretion of the Agency to
appropriate such dollar amount,if any,as may then be deemed necessary by the Agency to fulfill its goals
and intents with respect to the position of the Manager. The NDA shall have the discretion whether to
appropriate the dollar amounts required by the Agency to satisfy the full salary and benefits requirements
for the position of the Manager in each such subsequent fiscal year during the term of this Agreement.
2
P:Agenda\Agenda At=hments\Agrnns-Amend 2007\11-05-071VDA Reimbursement Agr=n nt-Final.do
e. Insurance. The Agency shall provide all necessary benefits and insurance with
regard to the Scope of Services to be undertaken by the Manager.
2. Administration and Supervision of the Enterprise Zone/Economic Development Project
Manager.
a. General Management and Oversight of the Enterprise Zone/Economic Development
Project Manager. The Agency agrees that it shall be responsible for the general management and oversight
of the Manager during the term of this Agreement. The IVDA shall have no right or obligation to manage
or oversee the daily activities of the Manager under this Agreement. The Manager shall consult with the
designated representatives of the IVDA on a weekly basis to conduct information meetings and to submit
written monthly reports to the IVDA as to the status of advertising, marketing and promotional efforts of
the Manager regarding the Scope of Services as the same relates to the interests of the IVDA.
b. Indemnification. Each Party shall defend and indemnify the other Party and the
other Party's directors,officers,employees,agents and authorized volunteers from and against all claims,
demands, or liability for damages arising out of the Party's performance of the terms of this Agreement
where such liability is caused or claimed or alleged to be caused by the willful misconduct,sole negligence
or active negligence of the Party or any person or organization for whom or which the Party is legally
liable.
3. Administration of Agreement.
a. Books and Records. Each Party shall have access to and the right to examine the
other Party's pertinent books, documents,papers or other records (including, without limitation, records
contained on electronic media) relating to the performance of that Party's obligations pursuant to this
Agreement. The Parties shall each retain all such books, documents, papers or other records to facilitate
such review. Access to each Party's books and records shall be during normal business hours only.
Nothing in this paragraph shall be construed to operate as a waiver of any applicable privileges.
b. Disputes. The Parties recognize that there may be disputes regarding the obligations
of the Parties or the interpretation of this Agreement. The Parties agree that they may attempt to resolve
disputes as follows:
(1) Statement Describing Alleged Violation of Agreement. A Party alleging a
violation of this Agreement (the "Initiating Party") shall provide a written statement
describing all facts that it believes constitute a violation of this Agreement to the Party
alleged to have violated the terms of this Agreement (the "Responding Party").
(2) Response to Statement of Alleged Violation. The Responding Party shall
have sixty (60) calendar days from the date of the written statement to prepare a written
response to the allegation of a violation of this Agreement and serve that response on the
Initiating Party or to cure the alleged violation to the reasonable satisfaction of the
Initiating Party.The Initiating Party and the Responding Party shall then meet within thirty
(30)calendar days after the date of the response to attempt to resolve the dispute amicably.
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PAAgendas\Agenda Attachments\Agmns-Amend 2007\11-05-07[VDA Reimbursement Agreement-Final.doc
..WilYil i
(3) Mediation of Dispute. If the Initiating Party and the Responding Party
cannot resolve the dispute within ninety (90) calendar days after the date of the written
response,they shall engage a mediator,experienced in public entity contracts disputes,to
attempt to resolve the dispute. Each Party shall ensure that it is represented at the
mediation by a Director or Official. These representatives of the Initiating Party and the
Responding Party may consult with staff and/or technical consultants during the mediation
and such staff and/or technical consultants may be present during the mediation.The costs
of the mediator shall be divided evenly between the Initiating Party and the Responding
Party.
(4) Reservation ofRights.Nothing in this subsection 3.b shall require a Party to
comply with the dispute resolution process contained herein and each Party retains and
may exercise, at any time, all legal and equitable rights and remedies it may have to
enforce the terms of this Agreement;provided,that prior to commencing litigation,a Party
shall provide at least five (5) calendar days' written notice of its intent to sue to the other
Party.
C. Term of Agreement. This Agreement shall remain in full force and effect from and
after the date of approval and execution by the Parties through and including the 2022-2023 fiscal year of
the Parties unless terminated or otherwise amended by the Parties prior to June 30,2023. Notwithstanding
the stated term of this Agreement, the funding of the position of the Manager by the Agency shall be
subject to annual budget appropriations by the Agency at the sole discretion of the Agency whether to
fund all or any portion,or no portion, of the annual costs for each fiscal year of this Agreement,including
those fiscal years subsequent to the current 2007-2008 fiscal year. Nothing contained in this Agreement
commits either the Agency or the IVDA to fund all or any portion of the salary and benefits costs of the
position of the Manager for any fiscal year subsequent to the current fiscal year.
4. General Provisions.
a. Authority. Each signatory of this Agreement represents that they are dully
authorized to execute this Agreement on behalf of the Party for which such signatory executes this
Agreement. Each Party represents that it has the appropriate legal authority to enter into this Agreement
and to perform all obligations under this Agreement, including, but not limited to, the payment of dollar
amounts to the other Party as required herein.
b. Amendment. This Agreement may be amended or modified only by a written
instrument executed by each of the Parties to this Agreement and approved by their respective governing
boards.
C. Jurisdiction and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California,except for its conflicts of law rules. Any suit,action or
proceeding brought under the scope of this Agreement shall be brought and maintained to the extent
allowed by law in the County of San Bernardino, California.
d. Headings. The paragraph headings used in this Agreement are intended for
convenience only and shall not be used in interpreting this Agreement or in determining any of the rights
or obligations of the Parties to this Agreement.
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P.\Agendas\Agenda AttaehmenWAgrmts-Amend 2007\11-05-071VDA Reimbursement Agreement-Final.do
i
e. Construction and Interpretation. This Agreement has been arrived at through
negotiations and each Party has had a full and fair opportunity to revise the terms of this Agreement. As a
result, the normal rule of construction that any ambiguities are to be resolved against the drafting Party
shall not apply in the construction or interpretation of this Agreement.
f. Entire Agreement. This Agreement constitutes the entire agreement of the Parties
with respect to the subject matter of this Agreement and supersedes any and all prior oral or written
agreement, understanding or representation relating to the subject matter of this Agreement.
g. Partial Invalidity. If, after the date of execution of this Agreement,any provision of
this Agreement is held to be illegal,invalid or unenforceable under present or future laws effective during
the term of this Agreement,such provision shall be fully severable. However,in lieu thereof,there shall be
added,a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible
and as may be legal, valid and enforceable.
h. Successors and Assigns.This Agreement shall be binding on and inure to the benefit
of the successors and assigns of the respective Parties to this Agreement.No Party may assign its interests
in or obligations under this Agreement without the written consent of the other Parties,which consent shall
not be unreasonably withheld or delayed.
i. Waivers. Waiver of any breach or default hereunder shall not constitute a continuing
waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement
and forbearance to enforce one (1) or more of the remedies provided in this Agreement shall not be
deemed to be a waiver of that remedy.
j. Attornevs' Fees and Costs. The prevailing Party in any litigation or other action to
enforce or interpret this Agreement shall be entitled to reasonable attorneys' fees, expert witnesses' fees,
costs of suit and other and necessary disbursements in addition to any other relief deemed appropriate by a
court of competent jurisdiction.
k. Necessary Actions. Each Party agrees to execute and deliver additional documents
and instruments and to take any additional actions as may be reasonably required to carry out the purposes
of this Agreement.
1. Representations and Warranties.Each representation and warranty contained herein
or made pursuant hereto shall be deemed to be material and to have been relied upon and shall survive the
execution, delivery and termination of this Agreement.
m. Compliance with Law. In performing their respective obligations under this
Agreement, the Parties shall comply with and conform to all applicable laws, rules, regulations and
ordinances.
n. Third(3`d)Party Beneficiaries.This Agreement shall not create any right or interest
in any non-Party or in any member of the public as a third 3�`d) party beneficiary.
'NO o. Counterparts. This Agreement may be executed in one (1) or more counterparts,
each of which shall be deemed to be an original,but all of which together shall constitute but one(1)and
the same instrument.
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P.�Agenda\Agenda AnachmentsVlgrt s-Amend 2007\1 1-05-07[VDA Reimbursement Agreement-Finaldoc
p. Notices. All notices, requests, demands or other communications required or
permitted under this Agreement shall be in writing unless provided otherwise in this Agreement,and shall
be deemed to have been duly given and received on(1)the date of service if served personally or served by
facsimile transmission on the Party to whom notice is to be given at the address or addresses as provided
below; (ii) on the first (I') day after mailing, if mailed or dispatched by Federal Express, U.S. Express
Mail,or other similar overnight courier service,postage prepaid and addressed as provided below; or(iii)
on the third (3"d) business day after mailing, if mailed to the Party to whom notice is to be given by first
(I") class mail, registered or certified, postage prepaid, addressed as follows:
TO IVDA: Inland Valley Development Agency
Attn.: Donald L. Rogers, Interim Executive Director
294 South Leland Norton Way, Suite 1
San Bernardino, CA 92408
(909) 382-4100
Fax: (909) 382-4105
TO AGENCY: Redevelopment Agency of the City of San Bernardino
Attn.: Maggie Pacheco, Executive Director
201 North "E" Street, Suite 301
San Bernardino, CA 92401
(909) 663-1044
Fax: (909) 663-2294
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Y:�Agendws Agenda Anachments\Agrnrcs-Amend 2007\11-05-07 1VDA Reimbursement Agrm=nt-Final doc
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the
date first above written.
IVDA
INLAND VALLEY DEVELOPMENT AGENCY, a joint
powers authority
Bv:
Donald L. Rogers, Interim Executive Director
(SEAL)
Attest:
By:
Kelly Berry, Secretary
Approved as to Form and Legal Content:
By:
General Counsel
AGENCY
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, a public body, corporate and politic
By:
Maggie Pacheco, Executive Director
Attest:
By:
Secretary
Approved as to Form and Legal Content:
By: , ' Va
Agenc Co sel
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P.\AgendaslAgcnda Attache nts\Agmus-Amend 200701-05-07 IVDA Reimbursement Agreement-Final.doc
ATTACHMENT 1
Position Description for the
Enterprise Zone/Economic Development Project Manager
i
8
P:\Agendas\Agenda Attachments\Agmus-Amcnd 2007\11-05-071VDA Reimbursement Agreement-Fiml.doc
EXHIBIT"C-90"
City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
Enterprise Zone/Economic Development Project Manager
JOB DESCRIPTION:
Under direction and general supervision, initiates, develops, manages and controls commercial, industrial
and housing projects and programs for Enterprise Zone, Community Development Block Grant,
redevelopment, economic development, low-moderate housing fund and other federal/state grant activities;
performs all aspects of entitlement activities; negotiates and finalizes property acquisition, property
management, relocation, and property disposition activities; manages demolition and on/off site
construction activities;undertakes property and asset management including leasing,sale,maintenance and
rehabilitation activities; performs business retention, business attraction, and business support activities;
and performs related duties as required.
REPRESENTA'T'IVE DUTIES:
Duties may include,but are not limited to,the following:
1. Provide courteous and expeditious customer service to the general public and Agency staff.
2. Develop and implement new Enterprise Zone, community development and redevelopment
projects, which are beneficial to the implementation of the goals of the City and of the Agency;
perform redevelopment project area adoption process as required; develop, implement and
perform business retention,business attraction and business support activities.
3. Recruits potential businesses under the Enterprise Zone;markets the Enterprise Zone to promote a
positive image; promotes business-to-business relationships and cooperation; works to attract and
retain businesses; conducts extensive business and employee outreach efforts, informs businesses
of local and state incentives of the Enterprise Zone; reviews applications and determines
Enterprise Zone eligibility; develops Enterprise Zone budgets; coordinates services by
participating governmental agencies;participates with the applicant through the process to ensure
a smooth customer service experience; assists with the coordination activities with other
redevelopment projects and economic development programs in the Enterprise Zone.
4. Develop,implement and monitor all aspects and activities of the Community Development Block
Grant program and other federal, state, local and law-moderate housing programs; ensure
compliance with all regulations,rules,policies and procedures of such programs and projects;set-
up and maintain all federal programs in on-line computer network as required; monitor proper
environmental clearance requirements.
5. Prepare federal, state grant applications, in accordance with all federal, entitlement,state or local
rules, regulations, policies and procedures; make recommendations as to specific funding levels,
feasibility and cost effectiveness of activities,programs and projects;prepare all necessary reports
and maintain records;maintain federal reporting in on-line computer program.
6. Undertake and supervise the planning and administration of development activities and real estate
transactions including acquisition, subdivision,disposition,relocation, management,land use,and
improvement for real property; interface and negotiate with developers with respect to potential
development proposals; negotiate community development and redevelopment agreements of a
highly complex and technical nature;develop creative financing methods to promote business and
development;develop contracts and agreements as a result of negotiations.
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EXHIBIT"C—91"
Economic Development Agency
Enterprise Zone/Economic Development Project Manager
7. Perform small business attraction and retention;support and assist small businesses to develop and
grow through education and training.
8. Review proposals for development, consultants, federal grant funds, projects or programs and
determine feasibility and cost effectiveness; implement long and short-range land use planning
goals,economic development strategies and asset management activities.
9. Inspect on/off site contracts and construction in progress; assist in the review of contracts and
progress reports and maintain proper records;manage real property escrows and refinancing.
10. Work with citizen groups, legislative bodies and other community based organizations for the
proper flow of information requested or required in accordance with policies and procedures;work
with various agencies, contractors, or non-profit groups to develop and implement housing loan
programs; review loan documents and programs for compliance with all rules, regulations,
policies and procedures;make presentation to such groups as necessary.
11. Routinely adhere to and maintain a positive attitude towards City and Agency goals;and,perform
related duties or work as required.
MINIMUM EXPERIENCE AND QUALIFICATIONS:
A Bachelor's degree or equivalent from an accredited college or university with major course work in
business administration, public administration, finance, economics, urban planning or a closely related
field.
Five(5)years of increasingly responsible professional experience in Enterprise Zone activities,Community
Development Block Grant programs, federal and/or state grant programs, redevelopment, economic
development and/or low-moderate housing programs. Two (2)years of experience in direct supervision of
subordinate personnel is required.
Possession of a valid Class "C" California Driver's License. For out of State applicants, a valid driver's
license is required. A valid Class"C" California Driver's license must be obtained within ten(10)days of
appointment(CA Vehicle Code 12405c).
GENERAL QUALIFICATIONS:
Knowledge of:
Enterprise Zone rules and regulations;
Community Development Block Grant,and other federal/state grant program
regulations,rules,policies and procedures;
General redevelopment and redevelopment low-moderate housing fund laws,
regulations,policies and procedures;
Economic development,business attraction and retention,and revitalization
policies and procedures;
Attraction of small businesses and assistance with motivation,development and
financing methods;
Real estate,environmental,relocation and demolition rules and regulations;
Methods and techniques of contract interpretation,including acquisition,
disposition,construction,financing and property management;
Modem office equipment and various computer programs,including federal IDIS.
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EXHIBIT"C-92"
Economic Development Agency
Enterprise Zone/Economic Development Project Manager
Ability to:
Implement policies and procedures and make recommendations for change or
corrective action;
Review loan requests,loan documentation,proposals,contracts,agreements and
make sound recommendations;
Express ideas on technical subjects clearly and concisely,orally and written;
proper use of grammar,spelling,punctuation,and precise report writing;
Negotiate technical and complex development agreements;
Gather,organize and analyze information and arrive at sound conclusions;
Establish and maintain effective working relationships with those contacted in the
course of work;
ORGANIZATIONAL RELATIONSHIPS:
The Enterprise Zone/Economic Development Manager is a mid-management position in the Economic
Development Agency under the direction of the Executive Director or Deputy Director.
Approved: Community Development Commission Date: 6-21-07
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