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HomeMy WebLinkAbout2010-220 (NOTE: COMPANION RESOLUTION CDC/2010-38) , I 1 2 3 4 5 6 7 RESOLUTION NO. 2010-220 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT FOR FISCAL YEAR 2010-2011 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY DEPARTMENTS FOR THE BENEFIT OF THE AGENCY WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and 8 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 9 California; and 10 WHEREAS, the Community Development Commission of the City of San Bernardino (the 11 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 12 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, 13 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 14 commencing with Section 33000) of the Health and Safety Code of the State of California (the "Act"); 15 and 16 WHEREAS, the City is engaging the Agency to provide the financial support and funds for the 17 line items described in the Master Services Agreement (the "Agreement") as authorized in the Agency 18 budget for the 2010-2011 fiscal year of the Agency and the City. The Agency has accepted such 19 obligation to provide the financial support and funds pursuant to the terms of the Agreement during the 20 term of the Agreement. 21 WHEREAS, it is appropriate at this time for the Council to approve and authorize the City 22 Manager to execute said Agreement. 23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 24 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 25 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 26 reference. 27 Section 2. The Mayor and Common Council hereby approves the Agreement in the form as 28 attached to this Resolution as Exhibit "A" with such changes thereto as may be approved by the Interim 1 P:\Agendas\Resolutions\Resolutions\2010\06-30 EDA Budget Benefit FY 10-11 . Master Svcs. Agmt. MeC Reso C.doc 2010-220 1 Executive Director of the Agency and the City Manager when such terms and conditions have been 2 ascertained, 3 Section 3. 4 Council. 5 //1 6 //1 7 //1 8 //1 9 //1 10 //1 11 //1 12 //1 13 III 14 //1 15 //1 16 1// 17 1// 18 1// 19 //1 20 1// 21 1// 22 1// 23 1// 24 //1 25 1// 26 1// 27 1// 28 //1 This Resolution shall take effect from and after its date of adoption by this 2 P:\Agendas\Resolutions\Resolutions\2010\06-30 EDA Budget Benefit FY 10.)] . Master Svcs, Agml. MCC Reso C.doc 2010-220 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT FOR FISCAL YEAR 2010-2011 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY DEPARTMENTS FOR THE BENEFIT OF THE AGENCY 1 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a i oint ad i ourned regular meeting thereof, 7 held on the 30th day of Tun" , 2010, by the following vote to wit: Aves Navs Abstain Absent X x X X X X ---1L- 8 Council Members: 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 a~):;.~ City Clerk 18 The foregoing Resolution is hereby approved this 71'Y day of July 21 22 23 , 24 By: 25 26 27 28 19 20 ,2010. J. Morris, Mayor ity of San Bernardino 3 P:\Agendas\Resolutions\Resolutions\2010\06-JO EDA Budget Benefit FY 10.1 J . Master Svcs. Agmt. MCC Reso C.doc --- ---------------- - 2010-220 EXHIBIT "A" 1 2 MASTER SERVICES AGREEMENT 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 4 P:\Agendas\Resolutions\Resoll,llions\2010\06-30 EDA Budget Benefit FY 10-11 - Master Svcs. Agmt. MCC Reso C.doc 2010-220 MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT (this "Agreement") is made and entered into as of the June 30, 2010 (the "Effective Date"), by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), and the City of San Bernardino, a charter City under the laws and Constitution of the State of California (the "City"). .' The Agency and the City hereby agree as follows: 1. Enactment of the Agency. The City hereby engages the Agency to provide the financial support and funds for the following described line items as authorized in the Agency budget for the 2010-2011 fiscal year of the Agency and as the same may be additionally set forth in the City budget for the 2010-2011 fiscal year of the City. The Agency hereby accepts such obligation to provide the financial support and funds pursuant to the terms of this Agreement during the term of this Agreement as specified in Section 7. 2, Agencv Payments of Bonded Debt Service of the City. During the 2010-2011 fiscal year of the Agency and the City, the Agency shall pay to the City an amount equal to $3,566,000 representing the debt service payments otherwise required to be remitted by the City to the bond trustee for the following described issuances of municipal bonds of the City and/or the Agency for the following described City facilities with the noted source of municipal bond or tax allocation bond financing, as appropriate: (i) Police Facility - Agency tax allocation bonds (ii) Stadium - Agency tax allocation bonds (iii) Soccer Park - Agency tax allocation bonds (iv) Library - City municipal bond fmancing (v) Central Police Department Building - City municipal bond financing (vi) South Valle - City municipal bond financing subject to Agency reimbursement agreement 1 P:\Agendas\Agenda Attachments\Agenda Attachmenls\Agrmts-Amend 2010\06-30.10 EDA Budget - Master Services Agroement FY lo.ll.doe EXHffiIT "A" 2010-220 The debt service schedules and other particulars regarding said debt issuances of the City and the Agency are on file with the official records of the City and Agency with their respective Finance Officers. 3, Pavment bv Agencv of Administrative Services of Benefit to Agencv. During the 2010-2011 fiscal year of the Agency and the City, the Agency shall pay to the City an amount equal to $794,250 representing the allocation of the following described services . provided by the City to the Agency which are allocated in part to the Agency in the manner and for the line items as set forth below: Total Dollar Description % Allocation Agency Amount ofItem to Agencv Pavment (i) $845,000 Chairperson's Office 25% $211 ,250 (ii) $580,000 Council Offices 25% $145,000 (iii) $300,000 Parks and Ret9CBS 100% $300,000 (iv) $130,000 City PIO 10% $13,000 (v) $125,000 Human Resources/Risk 100% $125,000 (vi) To be determined CATV direct costs for IT, Phone and Fleet. Set forth on Exhibit "B" as attached hereto are further details describing the items set forth above and other particulars regarding the allocation of certain cost items of the City to the Agency which shall be a part of this Agreement and which Exhibit "B" is incorporated herein by this reference. All performance items of the City as set forth on said Exhibit "B" shall be performed by the City and shall be enforceable by the Agency against the City in the same manner as though set forth in whole within the text of this Agreement. In addition to the Agency assumed City obligations as set forth in Section 2 and the allocation of certain City cost items to the Agency as set forth on said Exhibit "B", attached hereto as Exhibit "c" is a list of other City obligations and financial commitments which are additionally included in the 2010-2011 Agency budget and which are intended to be paid by the Agency on behalf of the City for the 2010-2011 fiscal year. 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts_Amend 20 I 0\06-30-1 0 EDA Budget. Master Services Agreement FY I ()"ll ,dol; 2010-220 4, Issuance of Loan to the Citv bv the Agencv. The City and the Agency previously entered into' a loan agreement designated as the "Interim Loan Agreement" dated as of August 17, 2009 (the "Agency-City 2009 Loan Agreement"), and a Revenue Anticipation Note, dated as of August 17, 2009 (the "2009-2010 Note"), in the original principal amount equal to $1,310,000 which pursuant to the terms of the applicable loan agreement was required to be repaid by the City to the Agency, together with interest at the rate of interest per annum as set forth in the Agency-City 2009 Loan Agreement, on . or before June 30, 2010. Due to the severe financial crisis the City continues to experience and the financial inability to timely repay the principal of and interest on the Agency-City 2009 Loan Agreement. The City now desires to repay the principal balance of the 2009-2010 Note, together with accrued and unpaid interest thereon, through the issuance and delivery of the Loan Agreement (the "Agency-City 2010 Loan Agreement") and a Revenue Anticipation Note of the City (the "2010-2011 Note"). The current outstanding balance of the Agency-City 2009 Loan Agreement, together with accrued and unpaid interest thereon, is equal to $1,332,925 (the "2010-2011 Outstanding Balance"). The Loan Agreemel1t and the 2010-2011 Note payable to the Agency in the principal amount equal to $1,322,925 for the repayment of the 2009-2010 Note are addressed in a separate Resolution with Attachments which include the Agency-City 2010 Loan Agreement and the 2010-2011 Note. 5. Manner ofPavmenl; Submittal ofInvoices, The City shall provide a written invoice to the Agency not more than thirty (30) calendar days nor less than fifteen (15) calendar days prior to the date that funds are required to be remitted by the City to the applicable bond trustee pursuant to Section 2 hereof. The City shall additionally provide a written invoice on a monthly basis on or before the twentieth (20th) calendar day of each month solely for the payment equal to one-twelfth (l/12th) of the combined total dollar amounts to be remitted by the Agency to the City pursuant to Section 3 hereof with the final payment to be paid by the Agency to the City not later than June 30, 2011. The Agency shall payor reimburse to the City, as applicable, the amounts that are correctly set forth on the invoices and which are delivered to the Agency by the City in a timely manner pursuant to this Section 5. If any invoice that is properly submitted by the City to the Agency is not paid by the Agency within thirty (30) calendar days after the due date as shall be stated thereon in conformity with this Agreement, interest will be charged on the outstanding delinquent payment 3 P:\Agenclas\Agenda Attachments\Agendll Attachments\Agnnts-Amelld 2010\06-30-10 EDA Budget - MlllIter Services Agreement FY IO-11.doc 2010-220 amount equal to the rate of interest then paid by the Local Agency Investment Fund ("LAIF") for moneys of local governmental agencies that may be deposited in the LAIF accounts, 6, Personnel. All matters pertaining to the hiring, employment supervision, compensation, promotion and discharge of City employees required to perform duties hereunder are the sole responsibility of the City, which is, in all respect, the sole employer of such employees. The City, and not the Agency, . shall be solely responsible for the non-compliance by City staff with the provisions of this Agreement. All matters pertaining to the hiring, employment supervision, compensation, promotion and discharge of Agency employees required to perform duties hereunder are the sole responsibility of the Agency, which is, in all respect, the sole employer of such employees, The Agency, and not the City, shall be solely responsible for the non-compliance by Agency staff with the provisions of this Agreement. t-#., 7. Term and Termination, The term and thus the effective date of this Agreement shall commence as of July 1, 2010, and unless sooner terminated or extended by written agreement of the City and the Agency, shall terminate on June 30, 2011. Such termination date may only be extended by an amendment to this Agreement duly approved by the governing bodies of the City and the Agency and delivered pursuant to written notice given not less than thirty (30) calendar days' prior to the stated termination date with such amendment being executed and approved prior to the date of termination of this Agreement. 8. Indemnification and Insurance. 8.1 Indemnification. 8.1.1 The City shall defend (if requested by the Agency), indemnify, save and hold harmless, the Agency and its commissioners, officials, officers, employees and agents from all claims for all loss or damage to property, including loss of use thereof, and injury to persons resulting from the negligent performance of its obligations under this Agreement, as well as from any claims made by or on behalf of City's agents, servants and/or employees arising out of their employment or work 4 P :\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\06-30-10 EDA Budget. Master Services Agreement FY IO-II.doc 2010-220 pertaining to the operations under this Agreement; moreover, the City shall, at all times, defend, indemnify and hold the Agency, its commissioners, officials; officers, employees and agents harmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, arising out of the failure by the City to comply with all laws, ordinances or governmental regulations applicable to the City or the conduct of the City's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic substances. 8.1.2 The City is and will be an independent contractor at all times and in every respect and not the agent of the Agency, Nothing contained herein and no direction or notification from the Agency or the Executive Director to the City shall be construed so as to create a partnership, joint venture or agency relationship between the parties hereto. 8,1.3 The Agency shall ~fend (if requested by the City), indemnify and save harmless the City and its commissioners, officials, officers, attorneys, employees and agents from all claims for all loss or damage to property, including loss of use thereof, and injury to persons resulting from the negligent performance under this Agreement, as well as from any claims made by or on behalf of the Agency's agents, servants and/or employees arising out of their employment or work pertaining to the operations under this Agreement; moreover, the Agency shall, at all times, defend, indemnify and hold the City, its commissioners, officials, officers, employees and agents harmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses fees, and expenses incident thereto, arising out the failure by the Agency to comply with all laws, ordinances or governmental regulations applicable to the Agency or the conduct of the Agency's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic substances. 8.1.4 The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this Section 8.1. 5 P:\Agendas\Agenda Attachments\Agenda AttachmenulAgrmts-Amend 2010\06-30-10 EDA Budget - Master Services Agreemem FY 10-1 Ldll(: 2010-220 8.2 Insurance. The City shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the Agency protecting said City, the Agency, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the City's activities in connection with the performance of this Agreement, whether such activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: 8.2.1 The City shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the City in the performance of the duties described herein, 8.2.2 The City shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for anyone accident or casualty,~overing the performance of this Agreement. 8.2.3 Within ten (10) calendar days after the acceptance of this Agreement by the Agency, the City shall deliver to the Agency, certificates of insurance evidencing that insurance has been purchased by the City as required in Section 8.2.2 and copies of endorsements providing (i) thirty (30) calendar days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to the Agency, and (ii) automobile liability and comprehensive general liability insurance shall include the Agency, its commissioners, officials, officers, employees and agents as additional insureds. Said certificates of insurance and copies of endorsements shall be on file with the Agency at all times thereafter during the term of this Agreement. Failure of the City to provide the certificates of insurance or subsequent receipt by the Agency of a notice of cancellation of the insurance policy or policies by the City's insurance company or companies shall constitute a material breach of this Agreement and this Agreement may be terminated by the Agency upon written notice. All policies of insurance required and provided by the City under this Section 8.2 shall include, or be endorsed to provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the Agency, its commissioners, officials, officers, employees and agents, 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\06-30-10 EVA Budget - Master Services Agreement FY 10.\] .doc 2010-220 8,2.4 Notwithstanding the foregoing, the City may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 8.2. The City shall provide the Agency with evidence of excess coverage upon written request. 8.2.5 The Agency shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the City protecting said Agency, the City, its commissioners, officers, employees and agents, against claims for bodily injury, including . personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the Agency's activities in connection with the performance of this Agreement, whether such activities be of the Agency, the Agency's agent, or of anyone employed by the Agency. The types of insurance coverage, as well as the amounts of such coverage shall be as follows: 8.2.6 The Agency shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the Agency in the performance of the duties desc!;ibed herein. 8.2.7 The Agency shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for anyone accident or casualty, covering the performance of this Agreement. 8.2.8 Within ten (10) calendar days after the acceptance of this Agreement by the City, the Agency shall deliver to the City certificates of insurance evidencing that insurance has been purchased by the Agency as required in Section 8.2.7 and copies of endorsements providing (i) thirty (30) calendar days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to the City, and (ii) automobile liability and comprehensive general liability insurance shall include the City, its commissioners, officials, officers, employees and agents as additional insureds, Said certificates of insurance and copies of endorsements shall be on file with the City at all times thereafter during the term of this Agreement. Failure of the Agency to provide the certificates of insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy or policies by the Agency's insurance company or companies shall constitute a material breach of this Agreement and this Agreement may be terminated by the City upon written notice. All policies of insurance required and provided by the Agency under this Section 8,2 shall include, or be endorsed to 7 P:\Agendas\Agenda Attaclunents\Agenda AttachmentslAgrmts-Amend 2010\06-30-10 EDA Budget - Master Services Agreement FY IO-ll.do<: 2010-220 provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the City, its commissioners, officials, officers, employees and agents. 8.2.9 Notwithstanding the foregoing, the Agency may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 8.2. The Agency shall provide the City with evidence of excess coverage upon written request. 9. Miscellaneous. 9.1 Notices. Any and all notices required or permitted to be given hereunder shall be in writing and shall be personally delivered or mailed by certified or registered mail, return receipt requested, postage prepaid, to the respective parties at the addresses indicated below: If to Agency: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 201 North "E" Street, Suite 301 San Bernardi.po, CA 92401 If to City: City of San Bernardino Attention: City Manager and City Clerk 300 North "D" Street San Bernardino, CA 92418 With copies to: City Finance Department Either party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after such notice is mailed. 9.2 Integration. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other party. 8 P:\AgendaslAgenda Attachments\Agenda At:tachrnents\Agrmts-Amend 2010\06-30-10 EDA Budget. Master Servi~s Agreement FY IO-ll.doc 2010-220 9.3 Severabilitv. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement. 9.4 Amendment: Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties s,?bject to governmental approval, as required from the respective governing bodies of the City and the Agency, 9.5 Governing Law. This Agreement shall be construed, interpreted and applied ill accordance with the laws of the State of California 9.6 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement.." 9.7 Headings. The headings of the Sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement. 9.8 Assigrunent. Neither party hereto shall assign, hypothecate or otherwise transfer such party's rights hereunder, or delegate such party's duties hereunder, without the prior written consent of the other party hereto and approved by the governing body of each party, //1 //1 1// //1 //1 //1 //1 //1 1// 9 P:\AgendaslAgenda Attachrnenl$\Agenda Attachments\Agrmts-Amend 2010\06-30-10 EDA Budget - Master Services Agreement FY IO-II.doc 2010-220 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written, REDEVELOPMENT AGENCY OF THE CITY OF SAN ~O By: ~ - /- Emil A. Marzullo, Interim Executive Director Approved as to Form: By: { /",~ Agency 0 I CITY OF SAN BERNARDINO B SEAL ,,,"& Approved as to Form: By: Jam ATTEST: By: ~~~ ~. ~Jc ty Clerk 10 P:\Agendas\Agenda Attachrnents\Agenda Attachrnents\Agrmts-Amend 2010\06-30-10 EDA Budget - Master Services Agreement FY 10-11 ,doc 2010-220 EXHIBIT "A" DEBT ISSUANCES OF THE CITY AND AGENCY (on file with [mancial offices of the City and the Agency) ,,/1; 11 P:\Agendas\Agenda Attaehmenls\Agenda AttachmentslAgnnts-Amend 2010\06-30-10 EDA Budget - Master Services Agreement FY 10-1 Ldoc 2010-220 EXHIBIT "B" ALLOCATION OF CERTAIN COST ITEMS TO THE AGENCY (INCLUDING DESCRIPTION OF CITY SERVICES TO BE PROVIDED TO THE AGENCY) 1. $300,000 ("CBS"), Parks and Recreation Department for the City Beautification Services It is understood that $100,000 shall be allocated and expended to maintain Agency owned properties. Maintenance shall include, but not be limited to, graffiti removal, weed abatement, tree trimming and other maintenance as deemed necessary. Weed abatement shall meet the City's Ordinance for property maintenance. It is also understood that $200,000 shall be utilized to maintain the City's entry points and business corridors, Maintenance shall include but not be limited to, graffiti removal, weed abatement, tree trimming, blight abatement and other maintenance as deemed necessary. These costs are paid directly to the CBS personnel through Agency payroll and maintenance costs are paid ,,,~ by the Agency. There is no direct cash payment to the City. 2. $13,000 City Public Information Officer ("PIO"), The Agency shall receive the services in of the City's PIO to include, but not be limited to, the drafting and delivery of Agency's Press Releases, coordination of Press for certain Agency sponsored events and liaison with City Departments during the planning of Agency events as needed, 3. $125,000 Human Resources and Risk Management. Human Resources: . Recruitment/Selection services - Coordinate hiring process with department, develop recruitment plan, and advertise, screen applicants, schedule testing/interviews, writelreview interview questions for legal compliance, conduct background check on applicants, conduct employee orientation. . Selection services - Coordinate background review of applicant, write letters of conditional offer, schedule physical examination, prepare Personnel Action Forms, schedule employee orientation, . Classification services - Develop and update job descriptions, conduct classification studies, review and respond to reclassification requests, conduct salary surveys. . Training - Providelcoordinate mandated training to employees on Sexual HarassmentlDiscrimination and Supervisory Skills, as well as other training include EDA employees in the City Management Development Program (succession planning). 12 P:\Agendas\Agenda Attachmenls\Agenda Attachments\Agrmts-Amend 2010\06-30-10 EVA Budget - Master Services Agreement FY 10-1 Ldoc 2010-220 . Employee Relations - Advise managers on employee performanceldisciplinary issues, administer FMLA, create/update HR related policies and procedures, review existing personnel files for compliance with law and make changes as necessary. · Benefit Services - Assist employees with insurance, retirement and other benefit problems, analyze existing CalPERS health benefits to City health benefits for cost savings/benefit enhancements. · Employee Personnel Files - Maintain employee personnel files and separate employee medical files, · EEO - Investigate complaints of harassment/discrimination, respond to DFEH/EEOC complaints, and provide mandated EEO information. ~ Risk Management: . Assist managers and supervisors in conducting training seminars to provide employees with information regarding safe work practices and accident prevention methods. · Investigate, document, verify, review, negotiate, adjust and settle claims against the EDA. . Conduct field surveys of EDA properties and facilities to identify potential hazards and safety violations, . Evaluate, identify, and determine methods to improve or correct workplace hazards, . Advise EDA on CallOSHA and Federal/OSHA regulations. . Advise EDA managers, supertisors, and employees on accident prevention and elimination of unsafe working conditions. · Investigate employee accidents for committee review in order to determine preventability. · Perform a variety of administrative tasks in the City's self-insurance and insurance programs to include the maintenance of records, . Gather data for preparation of insurance applications and budget allocations, · Analyze accident and damage reports for potential subrogation actions and liability exposure. · Coordinate with DMV Pull Notice Program and assist in instructing staff on defensive driving procedures. . Establish and maintain a variety of files and records regarding safety compliance issues. . Serve as EDA representative when an enforcement agency (EPA, AQMD, CAL/OSHA, FederaVOSHA) inspector is conducting an inspection or investigation. 4. CATV- On February 2, 2009, the Mayor and Common Council (Resolution No. 2009-23) and the Community Development Commission (Resolution No,CDC/2009-5) approved an Agreement related to the transfer of the CATV employees from the City to the Agency, Included in said Agreement were provisions related to the provision of and payment for certain direct services by the City to the Agency on behalf of the CATV employees. Those services are Information Technology, telephone and fleet services. These services per the Agreement were to be billed at the "actual cost" for the provision of the services. 13 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20]0\06-30-10 EDA Budget - Master Services Agrftmenl FY 10-11 ,doc 2010-220 EXHIBIT "C" OTHER AGENCY ASSUMED CITY COST ITEMS Economic Development Agency City of San Bernardino List of Agency Funded City Obligations As of June 1,2010 Citv Obliaations/ExDenditure - Budaeted A. Revenues not received by Agency - Budget reductions 1 South Valle COP Bond City reimbursement 2 City sales tax reimbursements (La Curacao est) 3 City payment HUB project costs $6.9 million notes est 4 Rent and utilities to EDA for 201 Nand 1350 S E buildings B. Expenditures of Agency Budget additions/on-going 1 Commission/Chairperson's office 2 Council offices 3 City Attorney Investigators /Iegal services 4 City Finance admin water credit program 5 City Mobile Home Inspection 6 City Telecom 7 City Parks and Rec landscaping maintenance 8 City Planners - hired by Agency/not reimbursement 9 City portion Welcome Center 10 PIO Services 11 City HR services to Agency 12 Carousel Mall security 13 Carousel Mall maintenance/utilities (Direct payment) 14 Carousel Mall janitorial 15 Police costs related to Carousel Mall 16 SB Convention and Visito~s Bureau 17 GIS Intern 18 Operation Phoenix utility costs 19 Enterprise Zone expenditures 20 IEEP / Film Commission 21 Code Displacement City Attorney Office 22 COP payment Central Police Dept Building 23 Library debt bond payment 24 Bond debt service Police Facility ($9 million matures 2026) 25 Bond debt service Stadium ($13 million matures 2026) 26 Bond debt service Soccer Park ($2.9 million matures 2026) 27 State Lobbyist 28 Federal Lobbyist ,..it Total including other on-going Agency expenditures FY 09-10 Amount FY 10-11 Amount 176,000 140,000 200,000 162,400 176,000 140,000 600,000 216,000 196,000 50,000 150,000 8,000 32,800 350,000 250,000 250,000 25,000 o 125,000 337,500 350,000 70,000 267,100 460,000 45,000 12,000 90,000 50,000 300,000 490,000 690,000 765,000 1,190,000 255,000 20,000 50,000 211,250 145,000 200,000 8,000 32,800 o 300,000 o 25,000 13,000 125,000 440,000 375,000 20,000 300,900 200,000 o 12,000 41,900 50,000 200,000 490,000 690,000 765,000 1,190,000 255,000 20,000 22,500 7,556,800 7,264,350