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HomeMy WebLinkAboutCDC/2011-15 1 2 3 4 5 6 7 RESOLUTION NO. CDC/2011-1S RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONTRACT EMPLOYMENT AGREEMENT BY AND BETWEEN THE AGENCY AND SAMUEL K. HUGHES TO PROVIDE NEIGHBORHOOD STABILIZATION PROGRAM AND OTHER AFFORDABLE HOUSING PROFESSIONAL SERVICES TO THE AGENCY 8 WHEREAS, the Neighborhood Stabilization Program ("NSP") and the various aspects 9 associated with acquisition and rehabilitation of formerly foreclosed housing units has created an 10 urgent need for a professional-level acquisitions project manager; and 11 WHEREAS, such an acquisitions project manager is needed to work closely with the 12 Redevelopment Agency of the City of San Bernardino ("Agency") Staff to successfully manage all 13 aspects of housing acquisition and disposition activities as well as manage the activities of the 14 Agency's Citywide Housing Assistance Program which provides down payment assistance loans to 15 qualified home buyers; and 16 WHEREAS, Mr. Samuel K. Hughes ("Contract Employee") has been working for the 17 Agency as a project consultant for the NSP as a result of being selected after a competitive 18 recruitment; and 19 WHEREAS, the current and anticipated future work load of the Contract Employee requires 20 that he maintain a consistent physical presence at the Agency during standard business hours; and 21 WHEREAS, the skills, education, and previous work experience of the Contract Employee 22 makes him most qualified to provide such professional-level services; and 23 WHEREAS, the Community Development Commission of the City of San Bernardino 24 ("Commission") desires to authorize the establishment of a temporary full-time position with the 25 Contract Employee as further detailed in the Contract Employment Agreement ("Agreement") by 26 and between the Agency and the Contract Employee, along with California Public Employee 27 Retirement System ("PERS") benefits after the Contract Employee's completion of 1,000 hours of 28 employment under the Agreement in order to provide acquisitions project management services in 1 P:\Agendas\Resolutions\Resolutions\20 II \03-21-11 Samuel Hughes - Contract Employment Agreement CDC Reso.docx CDC/2011-1S 1 furtherance of the City's NSP and related housing production efforts. 2 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 3 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 4 FOLLOWS: 5 Section 1. The Commission hereby approves and authorizes the establishment of the 6 temporary full-time staff position of "Acquisitions Project Manager" from the date of this 7 Resolution through and including June 30, 2012, in accordance with the Agreement attached hereto 8 as Exhibit "A" in furtherance of the NSP and related housing production efforts. 9 Section 2. This Resolution shall take effect from and after its date of adoption by this 10 Commission. 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P:\Agendas\Resolutions\Resolutions\2011\03-21-11 Samuel Hughes - Contract Employment Agreement CDC Reso.docx CDC/2011-1S 1 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONTRACT EMPLOYMENT AGREEMENT BY AND BETWEEN THE AGENCY AND SAMUEL K. HUGHES TO PROVIDE NEIGHBORHOOD STABILIZATION PROGRAM AND OTHER AFFORDABLE HOUSING PROFESSIONAL SERVICES TO THE AGENCY 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a joint regular meeting 8 thereof, held on the 21st day of March , 2011, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 x x x x X X ~dtE5 Secretary 19 The foregoing Resolution is hereby approved thiseXym day of March 20 21 , 2011. 22 23 ~son - - - unity Development Commission of the City of San Bernardino 24 Approved as to Form: 25 26 By: If::c:if(f- 27 28 3 P:\Agendas\Resolutions\Resolutions\2011\03-21-11 Samuel Hughes - Contract Employment Agreement CDC ResQ,docx CDC/2011-15 EXHIBIT "A" CONTRACT EMPLOYMENT AGREEMENT This Contract Employment Agreement (this "Agreement") is made and entered into on this 215t day of March, 2011 (the "Effective Date"), by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter referred to as the "Agency") and Samuel K. Hughes, Acquisition Project Manager (hereinafter referred to as the "Contract Employee"). WITNESSETH WHEREAS, the Contract Employee has over fourteen (14) years of experience in developing and financing various housing programs and projects with for-profit and governmental organizations in California; and WHEREAS, the Agency and the Contract Employee desire to enter into this Agreement to utilize the Contract Employee's services for professional property acquisition and disposition, housing finance and economic development activities related to the Agency's on-going Neighborhood Stabilization Program and Housing Down Payment Assistance Program efforts as described in Attachment I, attached hereto and incorporated herein by reference and the Contract Employee accepts responsibilities as described herein. NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree to enter into this Agreement as follows: 1. TERMS OF EMPLOYMENT. (a) This Agreement shall commence as of the day and year first above written and shall remain in full force and effect until such time as either party provides a written thirty (30)-day termination notice, and shall be subject to appropriate funding within the Agency's annual budget; provided, however, that the term of this Agreement shall not exceed a duration through and including June 30,2012, unless otherwise amended in writing by the parties. (b) There may also be two (2) additional one (I)-year Agreements that may be executed for each subsequent fiscal year (FY 2012-2013 and FY 2013-2014) consistent with the Agency's annual budget process and subject to the mutual agreement between the Agency and the Contract Employee and subject to the availability of funds. (c) Contract Employee Rules. Except as set out in this Agreement, the Contract Employee shall be and remain an at-will employee who may be terminated without cause as set out herein. The Employee shall not be eligible for benefits provided for regular employees, i.e. vacation, sick leave or holiday pay (except as required by law), but shall be covered by workers' compensation. The Contract Employee shall receive a W -2 and appropriate taxes shall be withheld. Under the supervision of Carey K. Jenkins, Director of Housing and Community Development, the Contract Employee shall perform each element as needed of the work described in the job description attached hereto as Attachment I. 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 II \03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-1S EXHIBIT "A" 2. CONFIDENTIALITY OF REPORTS. The Contract Employee shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the Agency's Interim Executive Director or designee. 3. COMPENSATION. The maximum compensation for the Contract Employee'sservices shall be equal to Forty-Three Dollars and Forty-Nine cents ($43.49) per hour with a maximum not to exceed the figure of Eighty-Six Thousand Nine Hundred Eighty Dollars ($86,980.00) in anyone fiscal year. Reimbursement for work- related travel, including travel mileage at the current Internal Revenue Service rate, shall be pre-approved by the Interim Executive Director or his designee, in writing, and shall be submitted for reimbursement with the Contract Employee's time card as supported by documentation in accordance with the Agency's policies and procedures. During the term of this Agreement, the Agency shall pay the Contract Employee on the same basis as other contract employees upon receipt of a time card or itemized invoice from the Contract Employee. The Contract Employee shall also receive Public Employee Retirement System (PERS) benefits to be paid by the Agency (employee and employer portion) which shall commence after 1,000 hours of employment following the effective date of this Agreement. 4. NON-DISCRIMINATION: MONITORING AND REPORTING WORK PERFORMANCE. The Contract Employee shall not discriminate because of race, color, national origin, creed, religion, sex, marital status or physical handicap. The Contract Employee shall be governed by the Agency's Harassment, ADA and Drug Free Workplace Policies. 5. CONFLICT OF INTEREST. The Contract Employee shall be governed by the Agency's conflict of interest code and regulations. 6. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS. During the term of this Agreement and any extension thereof, the Contract Employee shall not engage in outside employment without the prior written consent of the Interim Executive Director of the Agency or his designee. 7 NO ASSIGNMENT. The services as contained herein are to be rendered by the Contract Employee whose name is as appears first above written and said Contract Employee shall not assign nor transfer any interest in this Agreement. 2 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011 \03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-1S EXHIBIT "A" 8. MODIFICATION. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties. 9. CHOICE OF LAW. This Agreement, and any dispute ansmg from the relationship between the parties to this Agreement, shall be governed by California law, excluding any laws that direct the application of another jurisdiction's laws. Venue shall be in the Central District of San Bernardino. 10. COMPLIANCE WITH LAWS. The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 11. SEVERABILITY. In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 12. INTERPRETATION. No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 13. CONTRACT EVALUATION AND REVIEW. The on-going assessment and monitoring of this Agreement is the responsibility of the Interim Executive Director or designee. 14. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of the Contract Employee by the Agency and contains all the covenants and agreements between the parties with respect to such retention. 15. WAIVER. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy, shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 3 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011 \03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-1S EXHIBIT "A" 16. NOTICE. Notices herein shall be presented in person or by certified or registered United States mail, as follows: To the Contract Employee: Samuel K. Hughes, Acquisition Project Manager 1142 South Diamond Bar Boulevard, Suite 272 Diamond Bar, California 91765 (310) 880-0464 To the Agency: Emil A. Marzullo, Interim Executive Director Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 (909) 663-1044 17. ENTIRE AGREEMENT. This Agreement, with Attachment I, constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the engagement of the Contract Employee by the Agency and the entire understanding of the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. III III III III III III III III III III III 4 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/20ll-15 EXHIBIT "A" IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: NOT FOR SIGNATURE Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: NOT FOR SIGNATURE Agency Counsel CONTRACT EMPLOYEE Dated: By: NOT FOR SIGNATURE Samuel K. Hughes, Acquisition Project Manager 5 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-1S ATTACHMENT I SAMUEL K. HUGHES ECONOMIC DEVELOPMENT AGENCY HOUSING & COMMUNITY DEVELOPMENT ACQUISITION PROJECT MANAGER JOB DESCRIPTION: Under general supervision, the Acquisition Project Manager ("Contract Employee") will conduct field and office work related to: (1) acquisition and disposition of Agency residential properties; and (2) interfacing with various housing lenders, appraisers, inspectors and associated professionals to manage the Agency's housing down payment assistance program ("HAP") for buyers of both NSP and non-NSP funded homes. SUPERVISION RECEIVED AND EXERCISED: Receives direction from the Housing and Community Development Director. Exercises supervision of subordinate staff (NSP administrative analyst) in the day-to-day efforts of property acquisition, disposition, loan originating and property asset management regarding such redevelopment programs and projects. SPECIAL QUALIFICATIONS: This position differs from other Department positions in requiring a detailed familiarity with residential acquisition and disposition procedures as well as the process of lending to single family residential borrowers. Knowledge of redevelopment and community development practices, of real property development and management principles and techniques and methods of property acquisition and disposition as well as a strong ability to interface and negotiate with the business and development community. The position requires technical background and skills necessary in various housing areas, including rehabilitation programs and financings. ESSENTIAL FUNCTIONS: Duties may include, but are not limited to, the following: . Confirm that the interest of the Agency is adhered to during on-going negotiations to acquire properties through the National Community Stabilization Trust (NCST); . Support efforts related to establishing and maintaining records and financial accounting systems to comply with NSP program guidelines and federal/state audit requirements; . Coordinate and oversee the work of developers, cost estimators, appraisers, environmental specialists, contractors, real estate agents and intermediaries contracted to perform development activities on behalf of the Agency or its affiliated non-profit corporation; 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-1S EXHIBIT "A" · Obtain a broker price opinion prior to entering into purchase price negotiations on any of the foreclosure properties identified by the Agency under the NSP; · Coordinate real estate purchase and sale contracts on behalf of the Agency or its affiliate non-profit; · Report on the progress of NSP activities to the Agency's Housing Director and other interested parties; · Identify Mortgage Companies and Loan Officers to participate in the Homebuyer Assistance Program ("HAP"). Plan and facilitate training seminars for lenders interested in participating in the City's HAP; · Field questions and concerns of prospective home buyers and real estate sales persons interested in participating in the HAP: · Underwrite loan files presented to the Agency for approval for funding for HAP assistance as well as underwrite subordination requests from existing borrowers seeking to refinance first mortgages: · Manage the activities of relocation and replacement housing consultants as they perform related services on various housing development projects within the City: · Perform on-going evaluation and analysis of selected development opportunities for non- profit affordable housing providers: (a) Prepare certain staff reports, including necessary backup for presentation to City Council. (b) Develop and implement new community development and redevelopment projects which are beneficial to the implementation of the goals and objectives of the Agency; (c) Undertake and supervise the planning and implementation of development activities and real estate transactions including acquisition, relocation, subdivision, improvement and disposition of real property; (d) Interface and negotiate with the development community to implement Department goals and procedures with respect to potential development proposals; (e) Assist and implement short- and long-term land use planning goals, economIC development strategies, and asset management activities; (f) Implement and coordinate property management and relocation activities; (g) Manage the review of contracts and progress reports and maintain proper records and manage real property escrows and refinancing; 7 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-1S EXHIBIT "A" (h) Cause the preparation of contract documents for the acqulSltlOn, demolition, improvement, management and disposition of property; and (i) Perform related work as required. WORK HOURS: Standard business hours, Monday through Friday, 8 a.m. - 5 p.m. and usually works to 6 p.m. Exempt position, not eligible for overtime The Contract Employee uses the Agency's equipment to perform the duties: desk, phone, computer, printer, camera, copier, paper, pens and general supplies to perform the day-to-day operations. QUALIFICATIONS: Knowledge of: . Real estate, construction, demolition, environmental, community development and redevelopment laws, rules and regulations. . Methods and techniques of contract interpretation, including documents relating to acquisition, demolition, disposition, construction, financing and property management. . Knowledge of property management principles and methods including those pertaining to leasing, maintaining and securing buildings and vacant land. . Knowledge of land acquisition, demolition, relocation and environmental requirements under state and federal law. Ability to: . Negotiate technical and complex development agreements with development community representatives. · Supervise Agency identified contractors and assigned administrative staff. . Communicate effectively with other employees, real estate trade, property owners and the general public. . Ability to deal tactfully and effectively with general public and work effectively with other employees. 8 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011 \03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-15 CONTRACT EMPLOYMENT AGREEMENT This Contract Employment Agreement (this "Agreement") is made and entered into on this 21 st day of March, 2011 (the "Effective Date"), by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter referred to as the "Agency") and Samuel K. Hughes, Acquisition Project Manager (hereinafter referred to as the "Contract Employee"). WITNESSETH WHEREAS, the Contract Employee has over fourteen (14) years of experience in developing and financing various housing programs and projects with for-profit and governmental organizations in California; and WHEREAS, the Agency and the Contract Employee desire to enter into this Agreement to utilize the Contract Employee's services for professional property acquisition and disposition, housing finance and economic development activities related to the Agency's on-going Neighborhood Stabilization Program and Housing Down Payment Assistance Program efforts as described in Attachment I, attached hereto and incorporated herein by reference and the Contract Employee accepts responsibilities as described herein. NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree to enter into this Agreement as follows: 1. TERMS OF EMPLOYMENT. (a) This Agreement shall commence as of the day and year first above written and shall remain in full force and effect until such time as either party provides a written thirty (30)-day termination notice, and shall be subject to appropriate funding within the Agency's annual budget; provided, however, that the term of this Agreement shall not exceed a duration through and including June 30,2012, unless otherwise amended in writing by the parties. (b) There may also be two (2) additional one (1 )-year Agreements that may be executed for each subsequent fiscal year (FY 2012-2013 and FY 2013-2014) consistent with the Agency's annual budget process and subject to the mutual agreement between the Agency and the Contract Employee and subject to the availability of funds. (c) Contract Employee Rules. Except as set out in this Agreement, the Contract Employee shall be and remain an at-will employee who may be terminated without cause as set out herein. The Employee shall not be eligible for benefits provided for regular employees, i.e. vacation, sick leave or holiday pay (except as required by law), but shall be covered by workers' compensation. The Contract Employee shall receive a W-2 and appropriate taxes shall be withheld. Under the supervision of Carey K. Jenkins, Director of Housing and Community Development, the Contract Employee shall perform each element as needed of the work described in the job description attached hereto as Attachment 1. 1 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21.11 Samuel Hughes - Contract Employment Agreement.docx CDC!20 11-15 2. CONFIDENTIALITY OF REPORTS. The Contract Employee shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the Agency's Interim Executive Director or designee. 3. COMPENSATION. The maximum compensation for the Contract Employee'sservices shall be equal to Forty-Three Dollars and Forty-Nine cents ($43.49) per hour with a maximum not to exceed the figure of Eighty-Six Thousand Nine Hundred Eighty Dollars ($86,980.00) in anyone fiscal year. Reimbursement for work- related travel, including travel mileage at the current Internal Revenue Service rate, shall be pre-approved by the Interim Executive Director or his designee, in writing, and shall be submitted for reimbursement with the Contract Employee's time card as supported by documentation in accordance with the Agency's policies and procedures. During the term of this Agreement, the Agency shall pay the Contract Employee on the same basis as other contract employees upon receipt of a time card or itemized invoice from the Contract Employee. The Contract Employee shall also receive Public Employee Retirement System (PERS) benefits to be paid by the Agency (employee and employer portion) which shall commence after 1,000 hours of employment following the effective date of this Agreement. 4. NON-DISCRIMINATION; MONITORING AND REPORTING WORK PERFORMANCE. The Contract Employee shall not discriminate because of race, color, national origin, creed, religion, sex, marital status or physical handicap. The Contract Employee shall be governed by the Agency's Harassment, ADA and Drug Free Workplace Policies. 5. CONFLICT OF INTEREST. The Contract Employee shall be governed by the Agency's conflict of interest code and regulations. 6. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS. During the term of this Agreement and any extension thereof, the Contract Employee shall not engage in outside employment without the prior written consent of the Interim Executive Director of the Agency or his designee. 7 NO ASSIGNMENT. The services as contained herein are to be rendered by the Contract Employee whose name is as appears first above written and said Contract Employee shall not assign nor transfer any interest in this Agreement. 2 P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011103-21-] I Samuel Hughes - Contract Employment Agreemenldocx CDC/2011-15 8. MODIFICATION. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties. 9. CHOICE OF LA W. This Agreement, and any dispute ansmg from the relationship between the parties to this Agreement, shall be governed by California law, excluding any laws that direct the application of another jurisdiction's laws. Venue shall be in the Central District of San Bernardino. 10. COMPLIANCE WITH LAWS. The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 11. SEVERABILITY. In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 12. INTERPRETATION. No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 13. CONTRACT EVALUATION AND REVIEW. The on-going assessment and monitoring of this Agreement is the responsibility of the Interim Executive Director or designee. 14. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of the Contract Employee by the Agency and contains all the covenants and agreements between the parties with respect to such retention. 15. WAIVER. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy, shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 3 P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011103-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-15 16. NOTICE. Notices herein shall be presented in person or by certified or registered United States mail, as follows: To the Contract Employee: Samuel K. Hughes, Acquisition Project Manager 1142 South Diamond Bar Boulevard, Suite 272 Diamond Bar, California 91765 (310) 880-0464 To the Agency: Emil A. Marzullo, Interim Executive Director Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 (909) 663-1044 17. ENTIRE AGREEMENT. This Agreement, with Attachment I, constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the engagement of the Contract Employee by the Agency and the entire understanding of the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. /II /II /II 1/1 /II /II /II /II /II /II /II 4 P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreementdocx CDC12011-15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic 1;;6}/ ti i . : By: .. .- =~:.~ Emil A. Marzullo, h erim Executive Director Dated: Approved as to Form and Legal Content: By: V~~ Agency Counsel CONTRACT EMPLOYEE BY:~\ Samuel K. Hughes, Acqui Dated: \--\.--... - \,..<:. \ , "l....:h \ 5 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreement.docx CDC/2011-15 ATTACHMENT I SAMUEL K. HUGHES ECONOMIC DEVELOPMENT AGENCY HOUSING & COMMUNITY DEVELOPMENT ACQUISITION PROJECT MANAGER JOB DESCRIPTION: Under general supervision, the Acquisition Project Manager ("Contract Employee") will conduct field and office work related to: (1) acquisition and disposition of Agency residential properties; and (2) interfacing with various housing lenders, appraisers, inspectors and associated professionals to manage the Agency's housing down payment assistance program ("HAP") for buyers of both NSP and non-NSP funded homes. SUPERVISION RECEIVED AND EXERCISED: Receives direction from the Housing and Community Development Director. Exercises supervision of subordinate staff (NSP administrative analyst) in the day-to-day efforts of property acquisition, disposition, loan originating and property asset management regarding such redevelopment programs and projects. SPECIAL QUALIFICATIONS: This position differs from other Department positions in requiring a detailed familiarity with residential acquisition and disposition procedures as well as the process of lending to single family residential borrowers. Knowledge of redevelopment and community development practices, of real property development and management principles and techniques and methods of property acquisition and disposition as well as a strong ability to interface and negotiate with the business and development community. The position requires technical background and skills necessary in various housing areas, including rehabilitation programs and financings. ESSENTIAL FUNCTIONS: Duties may include, but are not limited to, the following: . Confirm that the interest of the Agency is adhered to during on-going negotiations to acquire properties through the National Community Stabilization Trust (NCST); . Support efforts related to establishing and maintaining records and financial accounting systems to comply with NSP program guidelines and federal/state audit requirements; . Coordinate and oversee the work of developers, cost estimators, appraisers, environmental specialists, contractors, real estate agents and intermediaries contracted to perform development activities on behalf of the Agency or its affiliated non-profit corporation; 6 P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011103-21-11 Samuel Hughes - Conttact Employment Agreementdocx . . CDC/20 11-15 . Obtain a broker price opinion prior to entering into purchase price negotiations on any of the foreclosure properties identified by the Agency under the NSP; . Coordinate real estate purchase and sale contracts on behalf of the Agency or its affiliate non-profit; . Report on the progress of NSP activities to the Agency's Housing Director and other interested parties; . Identify Mortgage Companies and Loan Officers to participate in the Homebuyer Assistance Program ("HAP"). Plan and facilitate training seminars for lenders interested in participating in the City's HAP; . Field questions and concerns of prospective home buyers and real estate sales persons interested in participating in the HAP: Underwrite loan files presented to the Agency for approval for funding for HAP assistance as well as underwrite subordination requests from existing borrowers seeking to refinance first mortgages: . . Manage the activities of relocation and replacement housing consultants as they perform related services on various housing development projects within the City: . Perform on-going evaluation and analysis of selected development opportunities for non- profit affordable housing providers: (a) Prepare certain staff reports, including necessary backup for presentation to City Council. (b) Develop and implement new community development and redevelopment projects which are beneficial to the implementation of the goals and objectives of the Agency; (c) Undertake and supervise the planning and implementation of development activities and real estate transactions including acquisition, relocation, subdivision, improvement and disposition of real property; (d) Interface and negotiate with the development community to implement Department goals and procedures with respect to potential development proposals; (e) Assist and implement short- and long-term land use planning goals, economIC development strategies, and asset management activities; (f) Implement and coordinate property management and relocation activities; (g) Manage the review of contracts and progress reports and maintain proper records and manage real property escrows and refinancing; P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreement.docx 7 CDC12011-15 (h) Cause the preparation of contract documents for the acquisition, demolition, improvement, management and disposition of property; and (i) Perform related work as required. WORK HOURS: Standard business hours, Monday through Friday, 8 a.m. - 5 p.m. and usually works to 6 p.m. Exempt position, not eligible for overtime The Contract Employee uses the Agency's equipment to perform the duties: desk, phone, computer, printer, camera, copier, paper, pens and general supplies to perform the day-to-day operations. QUALIFICATIONS: Knowledge of: . Real estate, construction, demolition, environmental, community development and redevelopment laws, rules and regulations. . Methods and techniques of contract interpretation, including documents relating to acquisition, demolition, disposition, construction, financing and property management. . Knowledge of property management principles and methods including those pertaining to leasing, maintaining and securing buildings and vacant land. . Knowledge of land acquisition, demolition, relocation and environmental requirements under state and federal law. Ability to: . Negotiate technical and complex development agreements with development community representatives. . Supervise Agency identified contractors and assigned administrative staff. . Communicate effectively with other employees, real estate trade, property owners and the general public. . Ability to deal tactfully and effectively with general public and work effectively with other employees. 8 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 Samuel Hughes - Contract Employment Agreement.docx