HomeMy WebLinkAboutR23-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
"ROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Amendment No. 1 to the 2006 San Bernardino
Valley Enterprise Zone ("SBVEZ")
Memorandum of Understanding
DATE:
August 3, 2011
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------.
SvnoDsis of Previous Commission/CouncWCommittee Action(s):
On July 7, 2011, Redevelopment Committee Members Johnson and Brinker unanimously voted to recommend that the Mayor
and Common Council consider this action for approval.
Recommended Motion(s):
(Mavor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the
execution of Amendment No. I to the 2006 San Bernardino Valley Enterprise Zone ("SBVEZ") Memorandum of
Understanding by and among the City of Colton, the City of San Bernardino ("City"), the County of San
Bernardino ("County") and the Inland Valley Development Agency ("IVDA") (All Redevelopment Project Areas)
(Community Development Commission)
Motion: That the Community Development Commission of the City of San Bernardino approve and accept the obligation to
designate an Agency staff to serve as the Zone Coordinator, Zone Manager and Vouchering Agent at the request of
the City of San Bernardino in furtherance of Amendment No. I to that certain San Bernardino Valley Enterprise
Zone Memorandum of Understanding (All Redevelopment Project Areas)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------.
All Redevelopment Project Areas
Ward(s):
(909) 663-1044
All
Contact Person(s):
Project Area(s):
Wendy Clements
Phone:
Supporting Data Attached:
[{I Staff Report [{I Resolution(s) [{I Amendment(s)/Contract(s) [{I Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
N/A
Source:
N/A
Budget Authority:
N/A
Signature:
EmiIA.'
___________________.________d________________________~_----------------------------~--------------------------------------------------------------------------------------------
Commission/Council Notes:
---------_.._-------------------------~-----------------------------------------------------------------------------_._---------------------~~------------------
P:\Agendas\Comm Dev Commission\CDC 2011\08-15-1] Amendment No.1 to the SBVEZ MOU.docx
COMMISSION MEETING AGENDA
Meeting Date: 08/15/2011
Agenda Item Number: t2-- '2--~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AMENDMENT NO.1 TO THE 2006 SAN BERNARDINO VALLEY ENTERPRISE ZONE
("SBVEZ") MEMORANDUM OF UNDERSTANDING
BACKGROUND:
On August 21, 2006, the Mayor and Common Council of the City of San Bernardino approved
Resolution No. 2006-299, by and among the City of Colton, the City of San Bernardino ("City"), the
County of San Bernardino ("County") and the Inland Valley Development Agency ("IVDA"), as
parties in connection with a multi-jurisdictional application to the State of California Department of
Housing and Community Development ("HCD") requesting designation of the San Bernardino Valley
Enterprise Zone ("SBVEZ" or "Zone").
The Enterprise Zone Program was created to stimulate business and industrial growth in depressed
areas of the State providing tax incentives to businesses. In 2008, the SBVEZ received its final
designation retroactive to October, 2006. Since its designation, the SBVEZ has been one of the most
successful zones of the 42 recognized statewide.
The 2006 Memorandum of Understanding ("MOU") set forth required roles and responsibilities for the
administration and management of the SBVEZ. Shared responsibilities included providing outreach
and assistance to businesses within the boundaries of the Zone. The 2006 MOU identified the County
as the Zone Manager and Vouchering Agent for the SBVEZ, which amongst other duties, consists of
updating the Zone database, fiscal management and accounting, and reporting to the SBVEZ Oversight
Committee and HCD. Because the SBVEZ is comprised ofIVDA member entities, the IVDA Board is
identified as the SBVEZ Oversight Committee to oversee the management of the SBVEZ, award
contracts and approve the annual budget.
CURRENT ISSUE:
A number of administrative changes within the parties have affected the day-to-day administration of
the SBVEZ. In January, 2011, the parties participated in a conference call to discuss modifYing the
administration of the Program, and reassigning responsibilities in a manner that would be mutually
beneficial to the parties, as well as in the best interest of the SBVEZ.
Agency Staff recommends that the following modifications be submitted to the Mayor and Common
Council ofthe City of San Bernardino ("Council") for consideration:
. The IVDA will no longer provide a Zone Coordinator. The City of San Bernardino Economic
Development Agency ("Agency") has agreed to provide an Agency staff to act as the Zone
Coordinator for the IVDA.
P:\Agendll.s\Comm DevCommission\CDC 201 ]\0&-15-11 Amendment NO.1 to tbe SBVEl MOU.docx
COMMISSION MEETING AGENDA
Meeting Date: 08/15/2011
Agenda Item Number: ~~'9
Economic Development Agency Staff Report
Amendment No.1 to the SBVEZ MOU
Page 2
· The Agency will also assume the role ofthe Zone Manager from the County. With the transfer
of the Zone Manager, follows an administrative reimbursement for partial cost of this position
which will be paid from the SBVEZ budget and allocated to the Agency.
· Agency will assume the duties of the Vouchering Agent from the County. There is an
administrative reimbursement paid for each hiring voucher processed which have been
allocated to the Agency. All three positions of Zone Coordinator, Zone Manager and
V ouchering Agent will be held by the same Agency staff person.
· Additional language has been added to the MOU clarifying that the IVDA Board, comprised of
elected officials from each of the SBVEZ member jurisdictions, will serve as the SBVEZ
Oversight Committee.
. Notification and contact information has been updated.
ENVIRONMENTAL IMPACT:
Amendment No. I to the MOU does not meet the definition of a "project" under Section 15378 of the
California Environmental Quality Act ("CEQA").
FISCAL IMPACT:
In FY20 I] -2012, reimbursement of $30,000 will be paid from the SBVEZ budget and allocated to the
Agency; approximately $20,000 will be collected on the Agency's behalf for the processing of hiring
vouchers.
RECOMMENDATION:
That the Mayor and Common Council adopt the attached Resolution and the motion.
P:\Agendas\Comm De\' Commission\CDC 201 ]\08-15-1] Amendment No.1 to the SBVEZ MOU.docx
COMMISSION MEETING AGENDA
Meeting Date: 08/15/2011
Agenda Item Number: Y2-~
1
2
3
4
5
6
7
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO.1 TO THE 2006 SAN BERNARDINO
V ALLEY ENTERPRISE ZONE ("SBVEZ") MEMORANDUM OF
UNDERSTANDING BY AND AMONG THE CITY OF COLTON, THE CITY
OF SAN BERNARDINO ("CITY"), THE COUNTY OF SAN BERNARDINO
("COUNTY") AND THE INLAND V ALLEY DEVELOPMENT AGENCY
("IVDA") (ALL REDEVELOPMENT PROJECT AREAS)
8 WHEREAS, on August 21, 2006, the Mayor and Common Council of the City of San
9 Bernardino ("Council") adopted Resolution No. 2006-299, authorizing the preparation and submittal
10 of a formal application to the State of California Department of Housing and Community
11 Development ("HCD"), for the designation of the San Bernardino Valley Enterprise Zone
12 ("SBVEZ"), in participation with the City of Colton, the City of San Bernardino ("City"), the
13 County of San Bernardino ("County") and the Inland Valley Development Agency ("IVDA")
14 collectively ("Parties"); and
15 WHEREAS, on March 5, 2009, the SBVEZ was awarded a final designation by the HCD
16 retroactive to October 15, 2006; and
17 WHEREAS, the City of Colton, the City, the County and the IVDA entered into that certain
18 Memorandum of Understanding ("MOD") dated August 22, 2006, setting forth each Party's duties
19 and responsibilities in managing the SBVEZ; and
20 WHEREAS, it has been determined that the duties and responsibilities of the Parties should
21 be modified in order to efficiently manage the SBVEZ in furtherance of the common goals of the
22 Parties as set forth in Amendment No. I to the MOD attached hereto as Exhibit "A".
23 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
24 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
25 FOLLOWS:
26 Section 1. The Council hereby finds and determines that the facts and circumstances set
27 forth in the Recitals hereof are true and correct in all respects.
28
I
~~~
t:'"l . ~ . \
1 Section 2. The City of San Bernardino hereby requests that the staff of the Redevelopment
2 Agency of the City of San Bernardino ("Agency") act as, and provide an individual to serve as, the
3 Zone Manager, Zone Coordinator and Vouchering Agent.
4 Section 3. The City Manager is hereby authorized to execute Amendment No. I to the
5 MOD on behalf of the City in substantially the form attached hereto as Exhibit "A", together with
6 such changes therein as may be approved by the City Manager and the City Attorney. The City
7 Manager or such other designated representative of the City is further authorized to do any and all
8 things and take any and all actions as may be deemed necessary or advisable to effectuate the
9 purposes of Amendment No. I to the MOD, including making non-substantive modifications to the
10 Agreement.
11 Section 4. This Resolution shall take effect upon its adoption and execution in the manner
12 as required by the City Charter.
13 11/
14 1/1
15 1/1
16 /II
17 1/1
18 1/1
19 11/
20 1/1
21 1/1
22 1/1
23 1/1
24 1/1
25 1/1
26 1/1
27 1/1
28
2
1
2
3
4
5
6
7
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO THE 2006 SAN BERNARDINO
VALLEY ENTERPRISE ZONE ("SBVEZ") MEMORANDUM OF
UNDERSTANDING BY AND AMONG THE CITY OF COLTON, THE CITY
OF SAN BERNARDINO ("CITY"), THE COUNTY OF SAN BERNARDINO
("COUNTY") AND THE INLAND V ALLEY DEVELOPMENT AGENCY
("IVDA") (ALL REDEVELOPMENT PROJECT AREAS)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
, 2011, by the following vote, to wit:
meeting
8
thereof, held on the day of
9
Council Members: Aves
10 MARQUEZ
11 JENKINS
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
Absent
Abstain
Navs
Rachel G. Clark, City Clerk
19
,2011.
20 The foregoing Resolution is hereby approved this
day of
21
22
23
PaUickJ. Monns, Mayor
City of San Bernardino
24 Approved as to Form:
25
/A
By:
26
27
28
3
__...A_.... ...~.".,.... .___,1___.'1\1.... 1 tt'lM01JMCCReso.docx
EXHIBIT "A"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Amendment No.1 to the 2006 San Bernardino Valley Enterprise Zone
Memorandum of Understanding
4
..'_A.... ~~........ .___..__..."'~ ItnMOfIMCCReso,docx
AMENDMENT NO.1
TO THE
2006 MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO,
THE COUNTY OF SAN BERNARDINO AND
THE INLAND V ALLEY DEVELOPMENT AGENCY FOR THE
SAN BERNARDINO V ALLEY ENTERPRISE ZONE
This Amendment No. I (this "Amendment No. I") to that certain Memorandum of
Understanding (the "MOU"), is dated as of August 15, 2011, by and among the Inland Valley
Development Agency (the "IVDA"), the City of San Bernardino ("City"), the City of Colton,
("Colton"), and the County of San Bernardino ("County"), collectively the "Parties", with reference
to the following facts:
WHEREAS, on August 23, 2006, the other Parties, authorized the submittal of a multi-
jurisdiction application among the IVDA, City of San Bernardino, City of Colton, and the County
of San Bernardino to the California State Department of Housing and Community Development
("HCD") for designation of the San Bernardino Valley Enterprise Zone ("SBVEZ"); and
WHEREAS, in August, 2006, the partner agencies each authorized a Memorandum of
Understanding ("MOU") by and among the Parties setting forth each Parties duties and
responsibilities in managing the SBVEZ, as on file with the Clerk of the Board; and
WHEREAS, on March 5, 2009, the HCD issued the SBVEZ final designation status with a
retroactive date effective date of October IS, 2006; and
WHEREAS, it has been determined that the duties and responsibilities of the Parties should
be modified in order to more efficiently manage the SBVEZ in furtherance of the common goals of
the Parties.
NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE PROVISIONS
SET FORTH HEREIN:
Section 1. The Parties hereby agree that the facts and circumstances set forth in the
Recitals hereof are true and correct in all respects.
Section 2.
Section IV (A) of the MOU is hereby amended to read as follows:
d. The City of San Bernardino, either directly or through its designee, agrees to act as and
provide an individual to serve as the Zone Manager.
e. The City of San Bernardino, either directly or through its designee, agrees to act as
V ouchering Agent for the SBVEZ.
I
P:\AR:endll$\Agenda Attachments\Agenda Attachmenls\Agm11s-Amend 2011\08-15-11 Amendment No I to 2006 SBVEZ MOU.doex
f. The City of San Bernardino, either directly or through its designee, the County of San
Bernardino, the City of Colton and the IVDA each agree to provide an individual, selected by each
said Agency, to serve as a Zone Coordinator for each respective party.
Section 3. Section XI of the MOD is hereby amended to read as follows:
Notices shall be delivered to the Parties as follows:
City of Colton:
City Manager's Office
Attn: Redevelopment Manager
650 North La Cadena Drive, Colton, CA 92324
Phone (1): (909) 370-6170
Phone (2): (909) 370-6176
Fax: (909) 783-0875
City of San Bernardino:
City Manager's Office
Attn: City Manager
300 North" D" Street, 6th Floor
San Bernardino, CA 92408
Telephone: (909) 384-5122
Fax: (909) 384-5138
Copy to:
Economic Development Agency
Attention: Economic Development Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 663-1044
Fax: (909) 663-2294
County of San Bernardino:
Economic Development Agency
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415
Telephone: (909) 387-9801
Fax: (909) 387-4415
Inland Valley Development Agency:
Department of Strategic Programs
294 S. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Telephone: (909) 382-4100
Fax: (909) 382-4106
SIGNATURE PAGE TO FOLLOW
2
p:\Agendas\Agenda Attachments\Agcnda Attachments\Agrmts-Amend 2011\08-15-11 Amendment No 1102006 SBVEZ MOU.doex
IN WITNESS WHEREOF, the Inland Valley Development Agency, the City of San
Bernardino, the City of Colton, and the County of San Bernardino, by and through the signatures of
their duly authorized representatives below, have duly executed this Amendment No. 1. This
Amendment No. I is dated, and is effective, as of the date set forth in the introductory paragraph
hereof.
Dated:
INLAND V ALLEY DEVELOPMENT AGENCY
By:
Patrick 1. Morris, Co-Chair
By:
Josie Gonzales, Co-Chair
ATTEST:
By:
Kelly Berry, Clerk of the Board
Approved as to Form:
By:
General Counsel
Dated:
CITY OF SAN BERNARDINO
CITY OF COLTON
By:
Charles McNeely, City Manager
By:
Sarah Zamora, Mayor
Approved as to Form:
Approved as to Form:
By:
By:
Legal Counsel
Legal Counsel
Dated:
Dated:
3
P:\Agendas\Agenda Attachments\AgeJ!da Attachments\Agmrts-Amend 20] 1\08-IS-11 Amendment No 1 to 2006 SBVEZ MOU.docx
COUNTY OF SAN BERNARDINO
By:
Josie Gonzales, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COpy OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LAURA H. WELCH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
JEAN-RENE BASLE
County Counsel
By:
Michelle D. Blakemore
Chief Assistant County Counsel
4
P:\Agendas\Agenda Attachment6~ndl Attachments\Agrmts-Amend 2011\08-15-11 Amendment No I to 2006 SBVEZ MOU.docx:
AMENDMENT NO.1
TO THE
2006 MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO,
THE COUNTY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE
SAN BERNARDINO V ALLEY ENTERPRISE WNE
This Amendment No. 1 (this "Amendment No. I") to that certain Memorandum of
Understanding (the "MOU"), is dated as of August 15, 2011, by and among the Inland Valley
Development Agency (the "IVDA"), the City of San Bernardino ("City"), the City of Colton,
("Colton"), and the County of San Bernardino ("County"), collectively the "Parties", with reference
to the following facts:
WHEREAS, on August 23, 2006, the other Parties, authorized the submittal of a multi-
jurisdiction application among the IVDA, City of San Bernardino, City of Colton, and the County
of San Bernardino to the Califomia State Department of Housing and Community Development
("HCD") for designation of the San Bernardino Valley Enterprise Zone ("SBVEZ"); and
WHEREAS, in August, 2006, the partner agencies each authorized a Memorandum of
Understanding ("MOU") by and among the Parties setting forth each Parties duties and
responsibilities in managing the SBVEZ, as on file with the Clerk of the Board; and
WHEREAS, on March 5, 2009, the HCD issued the SBVEZ final designation status with a
retroactive date effective date of October 15,2006; and
WHEREAS, it has been determined that the duties and responsibilities of the Parties should
be modified in order to more efficiently manage the SBVEZ in furtherance of the common goals of
the Parties.
NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE PROVISIONS
SET FORTH HEREIN:
Section 1. The Parties hereby agree that the facts and circumstances set forth in the
Recitals hereof are true and correct in all respects.
Section 2.
Section IV (A) of the MOU is hereby amended to read as follows:
d. The City of San Bernardino, either directly or through its designee, agrees to act as and
provide an individual to serve as the Zone Manager.
e. The City of San Bernardino, either directly or through its designee, agrees to act as
V ouchering Agent for the SBVEZ.
P:\Agcndas\Agenda Attachments\Agenda Att.cbment~\Agnnts-Amend 2011\O8-15~] I Amendmenl No 1 to 2006 SBVEZ MOUdocx
f. The City of San Bernardino, either directly or through its designee, the County of San
Bernardino, the City of Colton and the IVDA each agree to provide an individual, selected by each
said Agency, to serve as a Zone Coordinator for each respective party.
Section 3. Section XI of the MOD is hereby amended to read as follows:
Notices shall be delivered to the Parties as follows:
City of Colton:
City Manager's Office
Attn: Redevelopment Manager
650 North La Cadena Drive, Colton, CA 92324
Phone (1): (909) 370-6170
Phone (2): (909) 370-6176
Fax: (909) 783-0875
City of San Bernardino:
City Manager's Office
Attn: City Manager
300 North" D" Street, 6th Floor
San Bernardino, CA 92408
Telephone: (909) 384-5122
Fax: (909) 384-5138
Copy to:
Economic Development Agency
Attention: Economic Development Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 663-1044
Fax: (909) 663-2294
County of San Bernardino:
Economic Development Agency
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415
Telephone: (909) 387-9801
Fax: (909) 387-4415
Inland Valley Development Agency:
Department of Strategic Programs
294 S. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Telephone: (909) 382-4100
Fax: (909) 382-4106
SIGNATURE PAGE TO FOLLOW
2
P:\Agendas\Agenda Att8chmenls\Agenda Att8.chments\Agrmts-Amcnd 2011\08.]5-11 Amendment No 1 to 2006 SBVEZ MOU-docx
IN WIlNESS WHEREOF, the Inland Valley Development Agency, the City of San
Bernardino, the City of Colton, and the County of San Bernardino, by and through the signatures of
their duly authorized representatives below, have duly executed this Amendment No. I. This
Amendment No. I is dated, and is effective, as of the date set forth in the introductory paragraph
hereof.
Dated:
INLAND VALLEY DEVELOPMENT AGENCY
By:
Patrick J. Morris, Co-Chair
By:
Josie Gonzales, Co-Chair
ATTEST:
By:
Kelly Berry, Clerk of the Board
Approved as to Form:
By:
General Counsel
Dated:
CITY OF SAN BERNARDINO
CITY OF COLTON
By:
Charles McNeely, City Manager
By:
Sarah Zamora, Mayor
Approved as to Form:
Approved as to Form:
By:
By:
Legal Counsel
Legal Counsel
Dated:
Dated:
3
P:\AgendllS\Agcnda Attachments\Agenda AttachmcnlS\Agrmts-Amend 2011\08-15-11 Amendment No J to 2006 SBVEZ MOUdocx
COUNTY OF SAN BERNARDINO
By:
Josie Gonzales, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LAURA H. WELCH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated: '
APPROVED AS TO LEGAL FORM
JEAN-RENE BASLE
County Counsel
By:
Michelle D. Blakemore
Chief Assistant County Counsel
4
P:\A.gendu\Agenda Anachments\Agcnda Attacbmcnts\Agnnts-Amcnd 20] 1\08-15-11 Amendment No ] to 2006 SBVEZ MOU.docx
AMENDMENT NO.1
TO THE
2006 MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO,
THE COUNTY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE
SAN BERNARDINO V ALLEY ENTERPRISE ZONE
This Amendment No. 1 (this "Amendment No. I") to that certain Memorandum of
Understanding (the "MOU"), is dated as of August 15, 2011, by and among the Inland Valley
Development Agency (the "IVDN'), the City of San Bernardino ("City"), the City of Colton,
("Colton"), and the County of San Bernardino ("County"), collectively the "Parties", with reference
to the following facts:
WHEREAS, on August 23, 2006, the other Parties, authorized the submittal of a multi-
jurisdiction application among the IVDA, City of San Bernardino, City of Colton, and the County
of San Bernardino to the California State Department of Housing and Community Development
("RCD") for designation of the San Bernardino Valley Enterprise Zone ("SBVEZ"); and
WHEREAS, in August, 2006, the partner agencies each authorized a Memorandum of
Understanding ("MOU") by and among the Parties setting forth each Parties duties and
responsibilities in managing the SBVEZ, as on file with the Clerk of the Board; and
WHEREAS, on March 5, 2009, the RCD issued the SBVEZ final designation status with a
retroactive date effective date of October 15, 2006; and
WHEREAS, it has been determined that the duties and responsibilities of the Parties should
be modified in order to more efficiently manage the SBVEZ in furtherance of the common goals of
the Parties.
NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE PROVISIONS
SET FORTH HEREIN:
Section 1. The Parties hereby agree that the facts and circumstances set forth in the
Recitals hereof are true and correct in all respects.
Section 2.
Section IV (A) of the MOU is hereby amended to read as follows:
d. The City of San Bernardino, either directly or through its designee, agrees to act as and
provide an individual to serve as the Zone Manager.
e. The City of San Bernardino, either directly or through its designee, agrees to act as
Vouchering Agent for the SBVEZ.
1
P:\Agendas\Agenda Attachments\Agenda Attachment5\Agnnts-Amend 201 1108-15-1] Amendment No 1102006 SBVEZ MOU.docx
f. The City of San Bernardino, either directly or through its designee, the County of San
Bernardino, the City of Colton and the IVDA each agree to provide an individual, selected by each
said Agency, to serve as a Zone Coordinator for each respective party.
Section 3. Section XI of the MOD is hereby amended to read as follows:
Notices shall be delivered to the Parties as follows:
City of Colton:
City Manager's Office
Attn: Redevelopment Manager
650 North La Cadena Drive, Colton, CA 92324
Phone (1): (909) 370-6170
Phone (2): (909) 370-6176
Fax: (909) 783-0875
City of San Bernardino:
City Manager's Office
Attn: City Manager
300 North" D" Street, 6th Floor
San Bernardino, CA 92408
Telephone: (909) 384-5122
Fax: (909) 384-5138
Copy to:
Economic Development Agency
Attention: Economic Development Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 663-1044
Fax: (909) 663-2294
County of San Bernardino:
Economic Development Agency
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415
Telephone: (909) 387-9801
Fax: (909) 387-4415
Inland Valley Development Agency:
Department of Strategic Programs
294 S. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Telephone: (909) 382-4100
Fax: (909) 382-4106
SIGNATURE PAGE TO FOLLOW
2
P:\Agendas\Agenda Attaclunents\Agenda Attachments\Agrmts-Amend 201 1\08-15-11 Amendment No 1102006 SBVEZ MOUdo<:x
IN WITNESS WHEREOF, the Inland Valley Development Agency, the City of San
Bernardino, the City of Colton, and the County of San Bernardino, by and through the signatures of
their duly authorized representatives below, have duly executed this Amendment No. I. This
Amendment No. I is dated, and is effective, as of the date set forth in the introductory paragraph
hereof.
Dated:
INLAND VALLEY DEVELOPMENT AGENCY
By:
Patrick J. Morris, Co-Chair
By:
Josie Gonzales, Co-Chair
ATTEST:
By:
Kelly Berry, Clerk of the Board
Approved as to Form:
By:
General Counsel
Dated:
CITY OF SAN BERNARDINO
CITY OF COLTON
By:
Charles McNeely, City Manager
By:
Sarah Zamora, Mayor
Approved as to Form:
Approved as to Form:
By:
By:
Legal Counsel
Legal Counsel
Dated:
Dated:
3
P:\Agendas\Agenda AttBchmenls\Agenda Altachmenls\Agrmts-Amend 20] 1\08-15-11 Amendment No 1 to 2006 SBVEZ MOU_docl(
COUNTY OF SAN BERNARDINO
By:
Josie Gonzales, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COpy OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LAURA H. WELCH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
JEAN-RENE BASLE
County Counsel
By:
Michelle D. Blakemore
Chief Assistant County Counsel
4
P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 201 1\08~lS-11 Amendment No 1102006 SBVEZ MOUdoCl(
AMENDMENT NO.1
TO THE
2006 MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO,
THE COUNTY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE
SAN BERNARDINO VALLEY ENTERPRISE WNE
This Amendment No. 1 (this "Amendment No. I") to that certain Memorandum of
Understanding (the "MOU"), is dated as of August 15, 2011, by and among the Inland Valley
Development Agency (the "IVDA"), the City of San Bernardino ("City"), the City of Colton,
("Colton"), and the County of San Bernardino ("County"), collectively the "Parties", with reference
to the following facts:
WHEREAS, on August 23, 2006, the other Parties, authorized the submittal of a multi-
jurisdiction application among the IVDA, City of San Bernardino, City of Colton, and the County
of San Bernardino to the California State Department of Housing and Community Development
("HCD") for designation of the San Bernardino Valley Enterprise Zone ("SBVEZ"); and
WHEREAS, in August, 2006, the partner agencies each authorized a Memorandum of
Understanding ("MOU") by and among the Parties setting forth each Parties duties and
responsibilities in managing the SBVEZ, as on file with the Clerk of the Board; and
WHEREAS, on March 5, 2009, the HCD issued the SBVEZ final designation status with a
retroactive date effective date of October 15, 2006; and
WHEREAS, it has been determined that the duties and responsibilities of the Parties should
be modified in order to more efficiently manage the SBVEZ in furtherance of the common goals of
the Parties.
NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE PROVISIONS
SET FORTH HEREIN:
Section 1. The Parties hereby agree that the facts and circumstances set forth in the
Recitals hereof are true and correct in all respects.
Section 2.
Section IV (A) of the MOD is hereby amended to read as follows:
d. The City of San Bernardino, either directly or through its designee, agrees to act as and
provide an individual to serve as the Zone Manager.
e. The City of San Bernardino, either directly or through its designee, agrees to act as
V ouchering Agent for the SBVEZ.
I
P:\Agendas\Agendll Anachments\Agendl Attachments\Agrmts.Amend 20] 1\08-15-11 Amendment No I to 2006 SBVEZ MOUdocx
f. The City of San Bernardino, either directly or through its designee, the County of San
Bernardino, the City of Colton and the IVDA each agree to provide an individual, selected by each
said Agency, to serve as a Zone Coordinator for each respective party.
Section 3. Section XI of the MOO is hereby amended to read as follows:
Notices shall be delivered to the Parties as follows:
City of Colton:
City Manager's Office
Attn: Redevelopment Manager
650 North La Cadena Drive, Colton, CA 92324
Phone (I): (909) 370-6170
Phone (2): (909) 370-6176
Fax: (909) 783-0875
City of San Bernardino:
City Manager's Office
Attn: City Manager
300 North" D" Street, 6th Floor
San Bernardino, CA 92408
Telephone: (909) 384-5122
Fax: (909) 384-5138
Copy to:
Economic Development Agency
Attention: Economic Development Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 663-1044
Fax: (909) 663-2294
County of San Bernardino:
Economic Development Agency
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415
Telephone: (909) 387-9801
Fax: (909) 387-4415
Inland Valley Development Agency:
Department of Strategic Programs
294 S. Leland Norton Way, Suite I
San Bernardino, CA 92408
Telephone: (909) 382-4100
Fax: (909) 382-4106
SIGNATURE PAGE TO FOLLOW
2
P:\Agendas\Agellda Attachments\Agenda AttachmentslAgrmts-Arnend 201I\OII-15.}1 Amendment No 1 to 2006 SBVEZ MOD-docx
IN WITNESS WHEREOF, the Inland Valley Development Agency, the City of San
Bernardino, the City of Colton, and the County of San Bernardino, by and through the signatures of
their duly authorized representatives below, have duly executed this Amendment No. I. This
Amendment No. I is dated, and is effective, as of the date set forth in the introductory paragraph
hereof.
Dated:
INLAND VALLEY DEVELOPMENT AGENCY
By:
Patrick J. Morris, Co-Chair
By:
Josie Gonzales, Co-Chair
ATIEST:
By:
Kelly Berry, Clerk of the Board
Approved as to Form:
By:
General Counsel
Dated:
CITY OF SAN BERNARDINO
CITY OF COLTON
By:
Charles McNeely, City Manager
By:
Sarah Zamora, Mayor
Approved as to Form:
Approved as to Form:
By:
By:
Legal Counsel
Legal Counsel
Dated:
Dated:
3
P:\AgendulAgeoda Attaehments\Agenda AttachmentslAgrmts-Amend 20] 1\OB-15-11 Amendment No ] to 2006 SBVEZ MOU.docx;
COUNTY OF SAN BERNARDINO
By:
Josie Gonzales, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COpy OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LAURA H. WELCH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
JEAN-RENE BASLE
County Counsel
By:
Michelle D. Blakemore
Chief Assistant County Counsel
4
P:\Agendas\Agenda Attachments\Agenda Attachmenu\Agrmts-Arnend 2011\08"15-J I Amendment No 1102006 SBVEZ MOU.doC1[
AMENDMENT NO.1
TO THE
2006 MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO,
THE COUNTY OF SAN BERNARDINO AND
THE INLAND V ALLEY DEVELOPMENT AGENCY FOR THE
SAN BERNARDINO VALLEY ENTERPRISE ZONE
This Amendment No. 1 (this "Amendment No.1") to that certain Memorandum of
Understanding (the "MOU"), is dated as of August 15, 2011, by and among the Inland Valley
Development Agency (the "IVDA"), the City of San Bernardino ("City"), the City of Colton,
("Colton"), and the County of San Bernardino ("County"), collectively the "Parties", with reference
to the following facts:
WHEREAS, on August 23, 2006, the other Parties, authorized the submittal of a multi-
jurisdiction application among the lVDA, City of San Bernardino, City of Colton, and the County
of San Bernardino to the California State Department of Rousing and Community Development
("RCD") for designation of the San Bernardino Valley Enterprise Zone ("SBVEZ"); and
WHEREAS, in August, 2006, the partner agencies each authorized a Memorandum of
Understanding ("MOU") by and among the Parties setting forth each Parties duties and
responsibilities in managing the SBVEZ, as on file with the Clerk of the Board; and
WHEREAS, on March 5, 2009, the RCD issued the SBVEZ final designation status with a
retroactive date effective date of October 15, 2006; and
WHEREAS, it has been determined that the duties and responsibilities of the Parties should
be modified in order to more efficiently manage the SBVEZ in furtherance of the common goals of
the Parties.
NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE PROVISIONS
SET FORTH HEREIN:
Section 1. The Parties hereby agree that the facts and circumstances set forth in the
Recitals hereof are true and correct in all respects.
Section 2.
Section IV (A) of the MOU is hereby amended to read as follows:
d. The City of San Bernardino, either directly or through its designee, agrees to act as and
provide an individual to serve as the Zone Manager.
e. The City of San Bernardino, either directly or through its designee, agrees to act as
V ouchering Agent for the SBVEZ.
1
P:\Agenda$\Agcnda Attachment,\Agendl Atlachment5\Agnnts-Arnend 2011\08- J 5-1] Amendment No ] to 2006 SBVEZ MOUdoex
f. The City of San Bernardino, either directly or through its designee, the County of San
Bernardino, the City of Colton and the IVDA each agree to provide an individual, selected by each
said Agency, to serve as a Zone Coordinator for each respective party.
Section 3. Section XI of the MOD is hereby amended to read as follows:
Notices shall be delivered to the Parties as follows:
City of Colton:
City Manager's Office
Attn: Redevelopment Manager
650 North La Cadena Drive, Colton, CA 92324
Phone (I): (909) 370-6170
Phone (2): (909) 370-6176
Fax: (909) 783-0875
City of San Bernardino:
City Manager's Office
Attn: City Manager
300 North" D" Street, 6th Floor
San Bernardino, CA 92408
Telephone: (909) 384-5122
Fax: (909) 384-5138
Copy to:
Economic Development Agency
Attention: Economic Development Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 663-1044
Fax: (909) 663-2294
County of San Bernardino:
Economic Development Agency
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415
Telephone: (909) 387-9801
Fax: (909) 387-4415
Inland Valley Development Agency:
Department of Strategic Programs
294 S. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Telephone: (909) 382-4100
Fax: (909) 382-4106
SIGNATURE PAGE TO FOLLOW
2
P:\Agendas\Agendll Attachments\Agenda Attachments\Agrmts"Amend 20] 1108-15-11 Amendment No 1102006 SBVEZ MOU.doo
COUNTY OF SAN BERNARDINO
By:
Josie Gonzales, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COpy OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LAURA H. WELCH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
JEAN-RENE BASLE
County Counsel
By:
Michelle D. Blakemore
Chief Assistant County Counsel
4
P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmls-Amcnd 2011\08-15-11 Amendment No J to 2006 SBVEZ MOU,docx
AMENDMENT NO.1
TO THE
2006 MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE CITIES OF COLTON AND SAN BERNARDINO,
THE COUNTY OF SAN BERNARDINO AND
THE INLAND VALLEY DEVELOPMENT AGENCY FOR THE
SAN BERNARDINO V ALLEY ENTERPRISE ZONE
This Amendment No. 1 (this "Amendment No.1") to that certain Memorandum of
Understanding (the "MOU"), is dated as of August 15, 2011, by and among the Inland Valley
Development Agency (the "IVDA"), the City of San Bernardino ("City"), the City of Colton,
("Colton"), and the County of San Bernardino ("County"), collectively the "Parties", with reference
to the following facts:
WHEREAS, on August 23, 2006, the other Parties, authorized the submittal of a multi-
jurisdiction application among the IVDA, City of San Bernardino, City of Colton, and the County
of San Bernardino to the California State Department of Rousing and Community Development
("RCD") for designation of the San Bernardino Valley Enterprise Zone ("SBVEZ"); and
WHEREAS, in August, 2006, the partner agencies each authorized a Memorandum of
Understanding ("MOU") by and among the Parties setting forth each Parties duties and
responsibilities in managing the SBVEZ, as on file with the Clerk of the Board; and
WHEREAS, on March 5, 2009, the RCD issued the SBVEZ final designation status with a
retroactive date effective date of October 15, 2006; and
WHEREAS, it has been determined that the duties and responsibilities of the Parties should
be modified in order to more efficiently manage the SBVEZ in furtherance of the common goals of
the Parties.
NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE PROVISIONS
SET FORTH HEREIN:
Section 1. The Parties hereby agree that the facts and circumstances set forth in the
Recitals hereof are true and correct in all respects.
Section 2.
Section IV (A) of the MOU is hereby amended to read as follows:
d. The City of San Bernardino, either directly or through its designee, agrees to act as and
provide an individual to serve as the Zone Manager.
e. The City of San Bernardino, either directly or through its designee, agrees to act as
V ouchering Agent for the SBVEZ.
1
P:\Agcndas\AgendB An.chmcnts\Agcnda Attachments\Agrmts-Amend 20] ]\08_15_] J Amendment No 110 2006 SBVEl MOU.docx
f. The City of San Bernardino, either directly or through its designee, the County of San
Bernardino, the City of Colton and the IVDA each agree to provide an individual, selected by each
said Agency, to serve as a Zone Coordinator for each respective party.
Section 3. Section XI of the MOD is hereby amended to read as follows:
Notices shall be delivered to the Parties as follows:
City of Colton:
City Manager's Office
Attn: Redevelopment Manager
650 North La Cadena Drive, Colton, CA 92324
Phone (I): (909) 370-6170
Phone (2): (909) 370-6176
Fax: (909) 783-0875
City of San Bernardino:
City Manager's Office
Attn: City Manager
300 North" D" Street, 6th Floor
San Bernardino, CA 92408
Telephone: (909) 384-5122
Fax: (909) 384-5138
Copy to:
Economic Development Agency
Attention: Economic Development Manager
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 663-1044
Fax: (909) 663-2294
County of San Bernardino:
Economic Development Agency
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415
Telephone: (909) 387-9801
Fax: (909) 387-4415
Inland Valley Development Agency:
Department of Strategic Programs
294 S. Leland Norton Way, Suite I
San Bernardino, CA 92408
Telephone: (909) 382-4100
Fax: (909) 382-4106
SIGNATURE PAGE TO FOLLOW
2
P:\AgendasIAgenda Anachments\Agenda Att.chments\Agrmts-Amend 2011\08.15-1] Amendment No 1 to 2006 SBVEZ MOU.docx
IN WITNESS WHEREOF, the Inland Valley Development Agency, the City of San
Bernardino, the City of Colton, and the County of San Bernardino, by and through the signatures of
their duly authorized representatives below, have duly executed this Amendment No. I. This
Amendment No. I is dated, and is effective, as of the date set forth in the introductory paragraph
hereof.
Dated:
INLAND VALLEY DEVELOPMENT AGENCY
By:
Patrick 1. Morris, Co-Chair
By:
Josie Gonzales, Co-Chair
ATTEST:
By:
Kelly Berry, Clerk of the Board
Approved as to Form:
By:
General Counsel
Dated:
CITY OF SAN BERNARDINO
CITY OF COLTON
By:
Charles McNeely, City Manager
By:
Sarah Zamora, Mayor
Approved as to Form:
Approved as to Form:
By:
By:
Legal Counsel
Legal Counsel
Dated:
Dated:
3
P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amelld 20] 1\OII_J5_11 Amendment No J to 2006 SBVEZ MOU.doex
COUNTY OF SAN BERNARDINO
By:
Josie Gonzales, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COpy OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
LAURA H. WELCH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Dated:
APPROVED AS TO LEGAL FORM
JEAN-RENE BASLE
County Counsel
By:
Michelle D. Blakemore
Chief Assistant County Counsel
4
P:\Agendas\Agcnda Attachmellt~\Agenda Attachmenls\Agrrnts-Arncnd 2011\08-15-11 Amendment No ] 102006 SBVEZ MOU.docx