HomeMy WebLinkAbout09.A-City Manager RESOLUTION(ID#2031) DOC ID: 2031
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Andrea Travis-Miller M/CC Meeting Date: 09/17/2012
Prepared by: Teri Baker,(909)663-1044
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the
Successor Agency of the San Bernardino Redevelopment Agency Approving Amendment No. 2
to the Employment Agreement with Barbara Lindseth.
Financial Impact:
The total compensation for the term shall not exceed$102,600. The cost of this agreement has
been included in the Administrative line item of the Recognized Obligation Payment Schedule.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On February 29, 2012, the City of San Bernardino acting as the Successor Agency to the former
Redevelopment Agency("City")entered into an Employment Agreement with Ms. Barbara Lindseth, for
the services of Interim Finance Director in the amount of$24,600 through June 30,2012.
On May 21, 2012, the City entered into Amendment No. 1 to the Employment Agreement with Ms.
Lindseth for the term from June 30, 2012 to September 30, 2012 for a total compensation not to exceed
$63,600.
Backeround:
Ms. Lindseth's specialized knowledge regarding the former Redevelopment Agency has been
extremely valuable during the Agency's wind down. Ms. Lindseth has been assisting staff as
well as providing financial documentation for the audits that are currently underway with the
Department of Finance and the Office of the Inspector General. AB1484, the trailer bill to
"clean up"ABXI 26 added additional audits that Successor Agencies must comply with. These
Due Diligence audits will be conducted to determine the unobligated balances available for
transfer to taxing agencies in the Low and Moderate Income Housing Fund and for all other fund
and account balances not included in the Low and Moderate Income Housing Fund. The Due
Diligence audits must be submitted to the Successor Agency's Oversight Board,County Auditor-
controller and the State by October 1, 2012 and December 15, 2012, respectively. In addition to
the two Due Diligence audits,the former Redevelopment Agency must conduct a re-examination
of the June 30, 2011 audit and the regular year-end close out for June 30, 2012. For this reason,
and in accordance to Section 13 of the Employment Agreement, the City wishes to extend Ms.
Lindseth's Employment Agreement. This Amendment No. 2 extends the term from September
30, 2012 to December 31, 2012 with a rate of pay of$60.00 an hour. The total compensation for
® the term shall not exceed $102,600. All other terms of the Employment Agreement shall remain
Undated:9/13/2012 by Linda Sutherland vaoP t
2031
in full force and effect.
The cost of this agreement has been included in the Administrative line item of the Recognized
Obligation Payment Schedule.
City Attorney Review:
Suouortina Documents:
reso 2031 (PDF)
agrmt 2031 (PDF)
B.Lindseth-Employment Agreement(Exhibit 1) (PDF)
Updated:9/13/2012 by Linda Sutherland aao>
RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY OF THE SAN BERNARDINO
3 REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 2 TO THE EMPLOYMENT
AGREEMENT WITH BARBARA LINDSETH
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5 WHEREAS, City of San Bernardino has an existing Employment Agreement with Barbar
6 Lindseth to serve as the Interim Finance Director of the former Redevelopment Agency of the City of S 'E 0
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7 Bernardino; and d
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8 WHEREAS,the City approved the First Amendment on May 21, 2012 extending the term for an
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9 additional three months from June 30,2012 to September 30,2012; and o
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10 WHEREAS,the City wishes to extend the Agreement for an additional three month term; and E
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1( WHEREAS, the cost for the contract extension is$39,000.00, for a total cost of$102,600.
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12 NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCH. £
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13 OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY OF TH
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14 FORMER REDEVELOPMENT AGENCY AS FOLLOWS: 0
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15 SECTON 1: The City Manager is hereby authorized and directed to execute Amendment No.
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16 to the Employment Agreement with Barbara Lindseth as the Interim Finance Director of the forme
17 Redevelopment Agency at a cost of$39,000, for a total cost not to exceed $102,600. A copy of sai N
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18 Amendment is attached hereto as Exhibit"A"and incorporated herein by reference. m
19 SECTION 2: Tine authorization to execute the above-referenced Amendment is rescinded if th E
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20 parties to the Amendment do not execute it within 60 days of the passage of this Resolution. :°•
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY OF THE SAN BERNARDIN
2 REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 2 TO THE FMPLOYMENT
AGREEMENT WITH BARBARA LINDSETH
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
5 Common Council of the City of San Bernardino at a meeting thereof, hel
6 on the day of ,2012,by the following vote,to wit: c
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s Council Members: Ayes Nays Abstain Absent a
9 MARQUEZ E
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JENKINS 2
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VALDIV IA
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SHORETT
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KELLEY
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13 JOHNSON E
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16 Georgeann Hanna,City Clerk
City of San Bernardino ,y
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18 The foregoing Resolution is hereby approved this day of , 2012.
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20 Patrick J.Moms,Mayor
City of San Bernardino a
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22 Approved as to Form:
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24 / Ja es� F.Petunan,City Attorney
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AMENDMENT NO.2 TO EMPLOYMENT AGREEMENT
1 BETWEEN BARBARA LINDSETH AND THE CITY OF SAN BERNARDINO,ACTING
2 AS THE SUCCESSOR AGENCY TO THE FORMER SAN BERNARDINO
REDEVELOPMENT AGENCY
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4 THIS AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT is made and entere
5 into this_day of 2012 by and between the CITY OF SAN BERNARDINO
6 as the Successor Agency to the former San Bernardino Redevelopment Agency ("City"), an m
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7 BarbaraLindseth, an individual, ("Lindseth"). d
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8 WITNESSETH
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9 WHEREAS, City has entered into an Employment Agreement on February 29, 2012, fo 0
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10 the services of Interim Finance Director; and E
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WHEREAS, the City approved the First Amendment on May 21, 2012 extending the E
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term for an additional three months from June 30, 2012 to September 30, 2012. 0
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WHEREAS, Lindseth, as the former Director of Administrative Services of the Sar c
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15 Bernardino Redevelopment Agency, asserts that she remains competent,trained and qualified fo
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16 the position of Interim Finance Director of the former San Bernardino Redevelopment Agency N
17 and N
I8 WHEREAS, Section 13 of the aforesaid Employment Agreement allows such agreemeril E
19 to be amended by written agreement executed by the parties; and E
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20 WHEREAS, the parties desire to enter into this Amendment No. 2 to Employmen
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21 Agreement.
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I NOW,THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
2 AMENDMENT TO EMPLOYMENT AGREEMENT. This Amendment No.2 to
3 Employment Agrecmcatameuds.only..those_temrs_containedherein;such termsnot-covered by
4 this document remain in full force and effect as set forth in said Employment Agreement o
5 February 29, 2012,attached hereto as Exhibit"1".
6 Section 2 of the Agreement is hereby amended to read as follows:
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7 "TERM. The Term of this Agreement shall commence on March 1, 2012 and terminate m
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g on December 31,2012." E
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9 Section 5 of the Agreement is hereby amended to read as follows: c
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10 "COMPENSATION. City hereby agrees to pay Lindseth an hourly amount of$60.00 fbi w
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11 a total amount not to exceed $102,600. Lindseth shall not be entitled to an c
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12 compensation, leave accruals, retirement or other benefits beyond the aforementionedc
13 hourly rate of pay."
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AMENDMENT NO.2 TO EMPLOYMENT AGREEMENT
1 BETWEEN BARBARA LINDSETH AND THE CITY OF SAN BERNARDINO,ACTING
2 AS THE SUCCESSOR AGENCY TO THE FORMER SAN BERNARDINO
REDEVELOPMENT AGENCY
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4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
5 Employment Agreement to be executed by and through their respective authorized officers,as o
6 the date first above written. `m
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CITY OF SAN BERNARDINO, a
8 Acting as the Successor Agency to the
Former San Bernardino Redevelopment E
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Andrea Travis-Miller,Acting 8
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BARBARA LINDSETH Q
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17 APPROVED AS TO FORM: N
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19 J PENMAN, City Attorney cw
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CONTRACT EMPLOYMENT AGREEMENT
BETWEEN CITY OF SAN BERNARDINO, ACTING AS THE
2 SUCCESSOR AGENCY TO THE FORMER SAN BERNARDINO
REDEVELOPMENT AGENCY, AND
3 BARBARA LINDSETH
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THIS AGREEMENT is made and entered into this 29th day of February 2012, by an a
5 between the CITY OF SAN BERNARDINO, in its capacity as the successor agency to th
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former San Bernardino Redevelopment Agency ("CITY") and BARBARA LINDSETH,
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individual("LINDSETH"). E
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WHEREAS, the CITY, as the successor agency to the former San Bemardin E
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Redevelopment Agency is responsible for winding down the affairs of the San Bemardin a
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Redevelopment Agency pursuant to ABx 126; and $
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12 WHEREAS, LINDSETH, as the former Director of Administrative Services of the S M
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13 Bernardino Redevelopment Agency has specialized knowledge regarding the San Bemardin
14 Redevelopment Agency's financial and accounting practices; and t
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15 WHEREAS, LINDSETH is currently retired through CaIPERS and is allowed to work i c
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position of limited duration requiring specialized skills so long as the hours worked do no
17 exceed a total of 960 hours in any fiscal year pursuant to Government Code §21224; c
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NOW THEREFORE, in consideration of the terms and conditions set forth herein, th _o
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parties hereto agree as follows: w
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1, SCOPE OF SERVICES. CITY hereby retains LINDSETH to provide th v
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following services: (i) serve as the Interim Finance Director of the former Economi J
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23 Development Agency; (ii) supervise and direct accounting staff on a daily basis as to al E
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24 accounting matters and compliance with appropriate policies and procedures; (iii) prep
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25 reconciliation of financial status for fiscal years 2009-10, 2010-11, and 2011-12; (iv) revie
accounting and financial system and policies for the payment of all invoices and wire transfer
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I and provide recommendations to the City Manager for modifications to such policies;(v)prepare
2 operating financial statements for all enterprise funds and special funds including IEMG,
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3 California Theater/Sturgis Theater. Carousel Mall, SBEDC and AHS and similar functions; (vi) E
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4 2 report to the City Manager on a regular basis as to the status of the wind down of the former a
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agency and the status of all accounting and budget functions of the former agency; and (vii E
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provide recommendations to the City Manager as to the financial and accounting functions of the £
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former agency to expedite the wind down of the former agency. S
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2. TERM. The tern of this Agreement shall commence March 1, 2012 an( c
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to terminate June 30,2012. v
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11 3. STANDARD OF PERFORMANCE. LINDSETH shall perform all serviceE d
12 required pursuant to this Agreement to the satisfaction of the City Manager. M
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13 4. TIME. LINDSETH is an exempt employee who shall work as needed by the Ci
14 Manager for a period of time not to exceed 960 hours per fiscal year.
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15 5. COMPENSATION. CITY hereby agrees to pay LINDSETH an hourly amount o
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16 $60.00, for a total amount not to exceed $24,600.00. LINDSETH shall not be entitled to any 02
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compensation, leave accruals, retirement or other benefits beyond the aforementioned hourly rate
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of pay. °
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6. TERMINATION. Under the terms of this appointment, LINDSETH serves as ar
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"at will" employee and may be terminated at any time, with or without cause, and LINDSETHv
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22 may resign at any time. Nothing in this Agreement shall be construed as creating any vestedm
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23 right in such appointment or in employment with the CITY. E
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24 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement betweena
25 the parties. Any correspondence, letters, documents,or discussions leading up to this Agreement
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I or in any way made between the parties or their agents are replaced and superceded by thi
2 Agreement.
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3 8. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable m
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4 laws of the United States of America, the State of California, and all other applicable laws. a
5 9. GOVERNING LAW. This Agreement shall be enforced and interpreted under r
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the laws of the State of California. E
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10. ATTORNEY'S FEES. In any litigation relating to this Agreement,the prevailing "
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party shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City E
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10 Attorney and members of his/her office in enforcing this contract on behalf of the CITY shalt be n
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considered"attorney's fees"for the purposes of this paragraph. d
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12 11. SEVERABILITY. If any portion of this Agreement is held to be invalid by
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13 court of law, such provision shall be considered severable, and the remainder of this Agreemen
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14 or any provision hereof shall not be affected. x
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15 12. WAIVER. Failure of either party to enforce any provision of this Agreemen
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16 shall not constitute a waiver of the right to compel enforcement of the remaining provisions ol m
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this Agreement.
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13. AMENDMENT. This Agreement may only be amended by a written insumnen c
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executed by the parties hereto, and may not be amended by oral agreement.
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14. ASSIGNMENT. This Agreement shall not be assigned by LINDSETH, withou v
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prior written consent of the CITY, eri
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by an(
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through their respective authorized officers, as of the date first above written.
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Date: BARBARA LINDSETH
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By: r E
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Date: 42 CITY OF SAN BERNARDINO, o
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Former San Bernardino Redevelopment
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