HomeMy WebLinkAbout2014-127 I RESOLUTION NO. 2014-•127
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO ACTING AS THE SUCCESSOR AGENCY OF THE SA
BERNARDINO REDEVELOPMENT AGENCY APPROVING THE EXECUTION O
4 AN EMPLOYMENT AGREEMENT WITH BARBARA LINDSETH FOR FINANCIA
5 SERVICES.
6 WHEREAS, the CITY, as the Successor Agency to the former San Bernardino
7 Redevelopment Agency is responsible for winding down the affairs of the San Bernardino
8
Redevelopment Agency pursuant to ABx 126; and
9
10 WHEREAS, BARBARA LINDSETH, as the former Director of Administrative Service
11 of the San Bernardino Redevelopment Agency has specialized expertise, knowledge and skill
12 regarding the San Bernardino Redevelopment Agency's financial and accounting practices; and
1.3 WHEREAS, LINDSETH is currently retired through CALPERS and is allowed to work
14
in a position of limited duration requiring specialized skills and expertise so long as the hour
15
16 worked do not exceed a total of 960 hours in any fiscal year pursuant to Government Cod
17 Section 21224;
18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
19
OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE FORME
20
2
REDEVELOPMETN AGENCY,AS FOLLOWS:
,
SECTION 1: The City Manager is hereby authorized and directed to execute the
"a 23 Employment Agreement with Barbara Lindseth to provide financial services relative to the win
i
i
24 down of the former San Bernardino Redevelopment Agency at a cost of$74,400. A copy of said
25
Employment Agreement is attached hereto as Exhibit"A" and incorporated herein by reference.
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2014-127
1 SECTION 2: The authorization to execute the above referenced Employment Agreement
2 is rescinded if the parties to the Amendment do not execute it within 60 days of the passage of
3
this Resolution.
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2014-127
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
2 BERNARDINO ACTING AS THE SUCCESSOR AGENCY OF THE SA
BERNARDINO REDEVELOPMENT AGENCY APPROVING THE EXECUTION O
3 AN EMPLOYMENT AGREEMENT WITH BARBARA LINDSETH FOR FINANCIA
SERVICES.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino, acting as the Successor Agency of the former
7
8 Redevelopment Agency at a joint regular meeting thereof, held on the 5th day
9 of May , 2014, by the following vote, to wit:
1 o COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
11
MARQUEZ x
12 BARRIOS x
13 VALDIVIA x
14 SHORETT x
15 NICKEL x
16 JOHNSON x
17 MULVIHILL x
18
19 4
20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of May 2014.
I 22
j ' • �.'„C LIG��J
23 R. Carey Dav' , Mayor
1
24 Approved as to Form: City of San ffernardino
Gary D. Saenz, City Attorney
25
26 B
y
27
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3
2014-127
1 CONTRACT EMPLOYMENT AGREEMENT
BETWEEN CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY
2 TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY, AND
3 BARBARA LINDSETH
4
THIS AGREEMENT is made and entered into this 5th day of May 2014, by and between
5
the CITY OF SAN BERNARDINO, in its capacity as the Successor Agency to the former San
6
7 Bernardino Redevelopment Agency ("CITY") and BARBARA LINDSETH, an individual
8 ("LINDSETH").
9 WHEREAS, the CITY, as the Successor Agency to the former San Bernardino
10 Redevelopment Agency is responsible for winding down the affairs of the San Bernardino
11 Redevelopment Agency pursuant to ABx 126; and
12
WHEREAS, LINDSETH, as the former Director of Administrative Services of the San
13
Bernardino Redevelopment Agency has specialized expertise, knowledge and skills regarding
14
15 the San Bernardino Redevelopment Agency's financial and accounting practices; and
16 WHEREAS, LINDSETH is currently retired through CALPERS and is allowed to work
17 in a position of limited duration requiring specialized skills and expertise so long as the hour
18 worked do not exceed a total of 960 hours in any fiscal year pursuant to Government Cod
19 Section 21224;
20
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
21
parties hereto agree as follows:
22
1. SERVICES PROVIDED.
23
24 Scope of Services. For the remuneration stipulated, LINDSETH shall provide the
25 professional services described below and in the Scope of Services, attached hereto as Exhibit A:
26
27
1
2014-127
1 LINDSETH shall assist the CITY in winding down the financial matters of the forme
2 San Bernardino Redevelopment Agency including without limitation, accounting, financial, and
3
compliance matters; prepare reconciliations of financial status reports; prepare operating
4
financial statements and reconciliations as necessary; research and prepare reports as require
5
6 by the State Department of Finance, and respond to requests for information; report to the City
7 Manager and/or his designee on a regular basis as to the status of the wind-down of the forme
8 Redevelopment Agency and as to the status of accounting and budget functions of the forme
9 Redevelopment Agency; and, provide recommendations to the City Manager as to the financial
10 and accounting functions of the former Redevelopment Agency to expedite the wind-down
11
process.
12
Standards of Performance. LINDSETH shall perform all services required pursuant to
13
this Agreement to the satisfaction of the City Manager. LINDSETH shall perform all service
14
15 described in this Agreement in a manner consistent with the standards of care, diligence and skill
16 ordinarily exercised by professionals in similar fields and circumstances in accordance with
17 sound professional practices.
18 Non-discrimination. In performing this Agreement, LINDSETH shall not engage in
19 discrimination in employment of persons because of their race, religion, color, national origin,
20
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender of
21
sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.
22
23 Delegation and Assignment. This is a personal services contract, and the duties set fort
24 herein, shall not be delegated or assigned to any person or entity without prior written consent o
25 the CITY.
26
27
2
2014-127
1 Conflicts of Interest. During the term of this Agreement, LINDSETH, shall at all times
2 maintain a duty of loyalty and fiduciary duty to the CITY and shall not accept payment from, o
3 employment with, any person or entity which will constitute a conflict of interest with the
4
services performed for CITY.
5
2. COMPENSATION.
6
7 Compensation. CITY hereby agrees to pay LINDSETH an hourly rate of $60.00, not to
g exceed in total compensation the 960 hours per fiscal year as allowed for under the rules an
9 guidelines dictated for retirees by CALPERS. Other than this compensation, LINDSETH shall
10 not be entitled to any compensation, leave accruals, retirement or other benefits of regular
11 employees employed by the CITY. Time sheets recording hours spent and work performed shall
12
be submitted in accordance with the policies as those apply to the CITY as Successor Agency to
13
the former San Bernardino Redevelopment Agency.
14
15 Additional Services. LINDSETH shall not receive compensation for any services provided
16 outside the scope of services specified in this Agreement unless the CITY, prior to LINDSET
17 performing the additional services, approves such additional services in writing. It is specifically
18 understood that oral requests and/or approvals of such additional services or additional
19 compensation shall be barred and are unenforceable.
20 3. TERM AND NOTIFICATION.
21
Term. This Agreement shall commence on the Effective Date and continue through Jun
22
23 30, 2015, or the completion of 960 hours of work in fiscal year 2014-15, plus the balance of
24 approximately 280 hours for the period of May 12, 2014 to June 30, 2014, whichever occur
25 first, unless the Agreement is previously terminated as provided for herein.
26
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2014-127
1 Termination. CITY or LINDSETH may terminate the services, with or without cause a
2 any time, upon written notification by either party. In the event of termination, LINDSETH shall
3
be paid the balance of hours worked and services rendered to the date of termination. Nothing in
4
the Agreement shall be construed as creating any vested right in such appointment or in
5
employment with the CITY.
6
7 Documents. In the event of termination of this Agreement, all documents prepared by
8 IINDSETH in her performance of this Agreement including, but not limited to, finished of
9 unfinished work assignments, shall be delivered to the CITY within ten (10) days of delivery o
10 termination notice to LINDSETH, at no cost to the CITY.
11 4. GENERAL PROVISIONS.
12
Entire Agreement. This Agreement constitutes the entire Agreement between parties
13
14 with respect to any matter reference herein and supersedes any and all other prior writings an
15 oral negotiations. This Agreement may only be modified in writing, and signed by the parties in
16 interest at the time of such modification. The terms of the Agreement shall prevail over an
17 inconsistent provision in any other contract document appurtenant hereto, including exhibits t
18 this Agreement.
19 Notices. Any notices, documents, correspondence or other communications concerning
20
this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail
21
and shall be addressed as set forth below. Such communication shall be deemed served or
22
23 delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the
24 time of transmission is such communication is sent by facsimile; and c) 48 hours after the deposit
25 in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through
26 regular U. S. Mail.
27
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2014-127
1 IF TO LINDSETH: IF TO CITY:
Barbara Lindseth City Manager
2 3715 Palm Crest Drive City of San Bernardino
3 Highland, CA 92346 300 North D Street
Telephone (909) 864-1935 San Bernardino, CA 92418
4 Telephone (909) 384-5122
Fax (909) 3 84-513 8
5
Attorneys' Fees. In the event that litigation is brought by any party in connection with
6
this Agreement, the prevailing party shall be entitled to recover from the opposing party all cost
8 and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
9 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
10 conditions, or provisions hereof. The costs, salary and expenses of the City Attorney an
11 members of his office in enforcing this contract on behalf of the CITY shall be considered as
12
"attorneys' fees" for the purposes of this Agreement.
13
Governing Law. This Agreement shall be governed by and construed under the laws of
14
15 the State of California without giving effect to that body of laws pertaining to conflict of laws.
16 In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree
17 that the sole and exclusive venue shall be a court of competent jurisdiction in San Bernardino
18 County, California.
19 Assignment. LINDSETH shall not voluntarily or by operation of law assign, transfer.
20
sublet or encumber all or any part of LINDSETH's interest in this Agreement without CITY'
21
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
22
void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
23
24 Regardless of CITY'S consent, no subletting or assignment shall release LINDSETH of
25 LINDSETH'S obligation to perform all other obligations to be performed by LINDSETH
26 hereunder for the term of this Agreement.
27
5
2014-127
1 Headings. Paragraphs and subparagraphs headings contained in this Agreement are
2 included solely or convenience and are not intended to modify,fy, explain or to be a full o
3 accurate description of the content thereof and shall not in any way affect the meaning of
4
interpretation of this Agreement.
5
6 Amendments. Only a writing executed by all parties hereto, or their respective
7 successors and assigns, may amend this Agreement.
8 Waiver. The delay or failure of either party at any time to require performance of
9 compliance by the other of any of its obligation or agreements shall in no way be deemed
10 waiver of those rights to require performance or compliance. No waiver of any provision of this
11 Agreement shall be effective unless in writing and signed by a duly authorized representative o
12
the party against whom enforcement if a waiver is sought. The waiver of any right or remedy
13
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
14
15 respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
16 Severability. If any provision of this Agreement is determined by a court of competen
17 jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the
18 validity or enforceability of the remaining terms and provision hereof or of the offending
19 provision in any other circumstances, and the remaining provisions of this Agreement shall
20
remain in full force and effect.
21
Counterparts. This Agreement may be executed in one or more counterparts, each o
22
23 which shall be deemed an original. All counterparts shall be construed together and shat
24 constitute one agreement.
25
26
27
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2014-127
1 CONTRACT EMPLOYMENT AGREEMENT
BETWEEN CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY
2 TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY,AND
3 BARBARA LINDSETH
4
5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute
6 by and through their respective authorized officers, as of the date first written.
7
8
CITY OF SAN BERNARDINO, BARBARA LINDSETH
9 A municipal corporation
10
11
12 -
Allen Parker, City Manager Barbara Lindseth
13
14 Approved as to form:
15 Gary D. Saenz, City Attorney
16
By:
17
18
19
20
21
22
23
24
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2014-127
1 EXHIBIT A
SCOPE OF SERVICES
2
Fund balances — reconcile City paid invoices and receipts to determine proper placement
3 of the expenditures and revenues, and determine adjusting journal entries as necessary;
4 NSP research to determine if revenues/program income properly recorded and from what
5 NSP funding source, including program income from sale of property and any other
sources;
6
Reconciliation income received and expenditures of Theatrical Arts Institute on a
7 monthly basis and determine journal entries as necessary;
8 Reconcile US Bank trust account for all bonds on a monthly basis and determine journal
9 entries to be made;
10 Reconcile RDA/EDA checking account for all accounts used for general and payroll on a
monthly basis and determine journal entries to be made;
11
Review all individual mortgage assistance and rehabilitation loans for status, reconvey
12 those loans that have met terms of the agreement and covenants, and determine adjusting
13 journal entries for pay-offs, write downs and foreclosures;
14 Review and determine status of all Low-Mod Income Housing Fund, CDBG and HOME
Investment Partnership loans, including payment status;
15
Review all loans from the former loan servicer to ensure that the loans are recorded
16 correctly in the financial statements, and determine payment status;
17 Complete June 30, 2012 audit, record adjusting journal entries in City and Agency
18 financials and assist staff as necessary on the June 30, 2013 audit;
19 Work with staff and auditors on the non-housing DDR and assist with the retrieval and
research of documents requested by the Department of Finance, including explanation of
20 amounts on the non-housing DDR; assist with any research remaining on the LMIHF
DDR;
21
22 Assist staff in the preparation of the Recognized Obligation Payment Schedule (ROPS),
including review and determination of true-up payments;
23
Assist staff with amortized loan payment receipts, and preparation of monthly loan
-14 statements. Reconciliation of financial status for fiscal years 2009-10, 2010-11, 2011-12
for federal funds and make corrections as necessary;
25
26 Continue reconciliation of financial statements for all enterprise funds and special funds
including: California Theatre; Sturges Center for the Performing Arts; Carousel Mall;
27
8
4
2014-127
1 San Bernardino Economic Development Corporation; Affordable Housing Solutions and
similar functions;
2
3 Report to the City Manager as to the status of the former Redevelopment Agency and as
to the status of all accounting and budget functions of the former Agency;
4
Provide recommendations to the City Manager as to the financial and accounting
5 functions of the former Agency to expedite the wind-down of the former Agency; and
6 Provide any assistance on various research and financial issues as necessary.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
9
2014-127
1 CONTRACT EMPLOYMENT AGREEMENT
BETWEEN CITY OF SAN BERNARDINO,ACTING AS THE SUCCESSOR AGENCY
2 TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY,AND
3 BARBARA LINDSETH
4
THIS AGREEMENT is made and entered into this 5th day of May 2014, by and betwee
5
the CITY OF SAN BERNARDINO, in its capacity as the Successor Agency to the former S.
6
7 Bernardino Redevelopment Agency ("CITY") and BARBARA LINDSETH, an individua
8 ("LINDSETH").
9 WHEREAS, the CITY, as the Successor Agency to the former San Bernardino
10 Redevelopment Agency is responsible for winding down the affairs of the San Bernardino
11 Redevelopment Agency pursuant to ABx 1 26; and
12
WHEREAS, LINDSETH, as the former Director of Administrative Services of the Sa
13
Bernardino Redevelopment Agency has specialized expertise, knowledge and skills regardin:
14
the San Bernardino Redevelopment Agency's financial and accounting practices;and
15
16 WHEREAS, LINDSETH is currently retired through CALPERS and is allowed to wor
17 in a position of limited duration requiring specialized skills and expertise so long as the hour-
18 worked do not exceed a total of 960 hours in any fiscal year pursuant to Government Code
19 Section 21224;
20 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
21
parties hereto agree as follows:
22
1. SERVICES PROVIDED.
23
24 Scope of Services. For the remuneration stipulated, LINDSETH shall provide the
25 professional services described below and in the Scope of Services,attached hereto as Exhibit A:
26
27
1
2014-127
1 LINDSETH shall assist the CITY in winding down the financial matters of the forme
2 San Bernardino Redevelopment Agency including without limitation, accounting, financial, an.
3 compliance matters; prepare reconciliations of financial status reports; prepare operating
4
financial statements and reconciliations as necessary; research and prepare reports as require,
5
by the State Department of Finance, and respond to requests for information; report to the Cit
6
7 Manager and/or his designee on a regular basis as to the status of the wind-down of the forme
8 Redevelopment Agency and as to the status of accounting and budget functions of the forme
9 Redevelopment Agency; and, provide recommendations to the City Manager as to the financia
10 and accounting functions of the former Redevelopment Agency to expedite the wind-do
11 process.
12
Standards of Performance. LINDSETH shall perform all services required pursuant t.
13
this Agreement to the satisfaction of the City Manager. LINDSETH shall perform all service'
14
described in this Agreement in a manner consistent with the standards of care, diligence and skil
15
16 ordinarily exercised by professionals in similar fields and circumstances in accordance wit
17 sound professional practices.
18 Non-discrimination. In performing this Agreement, LINDSETH shall not engage i
19 discrimination in employment of persons because of their race, religion, color, national origin,
20 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender o
21
sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.
22
Delegation and Assignment. This is a personal services contract, and the duties set fo
23
24 herein, shall not be delegated or assigned to any person or entity without prior written consent o
25 the CITY.
26
27
2
2014-127
1 Conflicts of Interest. During the term of this Agreement, LINDSETH, shall at all times
2 maintain a duty of loyalty and fiduciary duty to the CITY and shall not accept payment from, o
3 employment with, any person or entity which will constitute a conflict of interest with the
4
services performed for CITY.
5
2. COMPENSATION.
6
Compensation. CITY hereby agrees to pay LINDSETH an hourly rate of $60.00, not to
7
g exceed in total compensation the 960 hours per fiscal year as allowed for under the rules an'
9 guidelines dictated for retirees by CALPERS. Other than this compensation, LINDSETH shal
10 not be entitled to any compensation, leave accruals, retirement or other benefits of regula
11 employees employed by the CITY. Time sheets recording hours spent and work performed shal
12
be submitted in accordance with the policies as those apply to the CITY as Successor Agency to
13
the former San Bernardino Redevelopment Agency.
14
Additional Services. LINDSETH shall not receive compensation for any services provide.
15
16 outside the scope of services specified in this Agreement unless the CITY, prior to LINDSET �
17 performing the additional services, approves such additional services in writing. It is specificall
18 understood that oral requests and/or approvals of such additional services or addition.
19 compensation shall be barred and are unenforceable.
20 3. TERM AND NOTIFICATION.
21
Term. This Agreement shall commence on the Effective Date and continue through Jun:
22
30, 2015, or the completion of 960 hours of work in fiscal year 2014-15, plus the balance o
23
24 approximately 280 hours for the period of May 12, 2014 to June 30, 2014, whichever occur'
25 first,unless the Agreement is previously terminated as provided for herein.
26
27
3
2014-127
1 Termination. CITY or LINDSETH may terminate the services, with or without cause a,
2 any time,upon written notification by either party. In the event of termination, LINDSETH shal
3 be paid the balance of hours worked and services rendered to the date of termination. Nothing i
4
the Agreement shall be construed as creating any vested right in such appointment or i
5
employment with the CITY.
6
7 Documents. In the event of termination of this Agreement, all documents prepared b
8 LINDSETH in her performance of this Agreement including, but not limited to, finished o
9 unfinished work assignments, shall be delivered to the CITY within ten (10) days of delivery o'
10 termination notice to LINDSETH, at no cost to the CITY.
11 4. GENERAL PROVISIONS.
12
Entire Agreement. This Agreement constitutes the entire Agreement between partie
13
with respect to any matter reference herein and supersedes any and all other prior writings an.
14
oral negotiations. This Agreement may only be modified in writing, and signed by the parties i
15
16 interest at the time of such modification. The terms of the Agreement shall prevail over an
17 inconsistent provision in any other contract document appurtenant hereto, including exhibits t.
18 this Agreement.
19 Notices. Any notices, documents, correspondence or other communications concemin
20 this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail
21
and shall be addressed as set forth below. Such communication shall be deemed served o
22
delivered: a) at the time of delivery if such communication is sent by personal delivery;b) at the
23
24 time of transmission is such communication is sent by facsimile; and c)48 hours after the deposi i
25 in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent throu
26 regular U. S. Mail.
27
4
2014-127
1 IF TO LINDSETH: IF TO CITY:
Barbara Lindseth City Manager
2 3715 Palm Crest Drive City of San Bernardino
3 Highland, CA 92346 300 North D Street
Telephone(909) 864-1935 San Bernardino, CA 92418
4 Telephone (909)384-5122
Fax(909) 384-5138
5
Attorneys' Fees. In the event that litigation is brought by any party in connection wit
6
7 this Agreement,the prevailing party shall be entitled to recover from the opposing party all cost
g and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
9 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms
10 conditions, or provisions hereof. The costs, salary and expenses of the City Attorney an•
11 members of his office in enforcing this contract on behalf of the CITY shall be considered .
12
"attorneys' fees"for the purposes of this Agreement.
13
Governing Law. This Agreement shall be governed by and construed under the laws o I
14
the State of California without giving effect to that body of laws pertaining to conflict of laws.
15
16 In the event of any legal action to enforce or interpret this Agreement, the parties hereto agre-
17 that the sole and exclusive venue shall be a court of competent jurisdiction in San Bernardino
18 County, California.
19 Assignment. LINDSETH shall not voluntarily or by operation of law assign, transfer
20 sublet or encumber all or any part of LINDSETH's interest in this Agreement without CITY'
21
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall b=
22
void and shall constitute a breach of this Agreement and cause for termination of this Agreement
23
24 Regardless of CITY'S consent, no subletting or assignment shall release LINDSETH o
25 LINDSETH'S obligation to perform all other obligations to be performed by LINDSET I
26 hereunder for the term of this Agreement.
27
5
2014-127
1 Headings. Paragraphs and subparagraphs headings contained in this Agreement ar.
2 included solely for convenience and are not intended to modify, explain or to be a full o
3 accurate description of the content thereof and shall not in any way affect the meaning o
4
interpretation of this Agreement.
5
Amendments. Only a writing executed by all parties hereto, or their respectiv:
6
7 successors and assigns,may amend this Agreement.
8 Waiver. The delay or failure of either party at any time to require performance o
9 compliance by the other of any of its obligation or agreements shall in no way be deemed ..
10 waiver of those rights to require performance or compliance. No waiver of any provision of thi-
11 Agreement shall be effective unless in writing and signed by a duly authorized representative o i
12
the party against whom enforcement if a waiver is sought. The waiver of any right or remed
13
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy wit
14
respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver.
15
16 Severability. If any provision of this Agreement is determined by a court of competen'
17 jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the
18 validity or enforceability of the remaining terms and provision hereof or of the offendinv
19 provision in any other circumstances, and the remaining provisions of this Agreement shal
20
remain in full force and effect.
21
Counterparts. This Agreement may be executed in one or more counterparts, each o
22
which shall be deemed an original. All counterparts shall be construed together and shal
23
24 constitute one agreement.
25
26
27
6
2014-127
1 EXHIBIT A
SCOPE OF SERVICES
2
Fund balances—reconcile City paid invoices and receipts to determine proper placement
3 of the expenditures and revenues,and determine adjusting journal entries as necessary;
4 NSP research to determine if revenues/program income properly recorded and from what
5 NSP funding source, including program income from sale of property and any other
sources;
6
Reconciliation income received and expenditures of Theatrical Arts Institute on a
7 monthly basis and determine journal entries as necessary;
8 Reconcile US Bank trust account for all bonds on a monthly basis and determine journal
9 entries to be made;
10 Reconcile RDA/EDA checking account for all accounts used for general and payroll on a
monthly basis and determine journal entries to be made;
11
Review all individual mortgage assistance and rehabilitation loans for status, reconvey
12 : those loans that have met terms of the agreement and covenants, and determine adjusting
journal entries for pay-offs, write downs and foreclosures;
13
14 Review and determine status of all Low-Mod Income Housing Fund, CDBG and HOME
Investment Partnership loans,including payment status;
15
Review all loans from the former loan servicer to ensure that the loans are recorded
16 correctly in the financial statements,and determine payment status;
17 Complete June 30, 2012 audit, record adjusting journal entries in City and Agency
18 financials and assist staff as necessary on the June 30, 2013 audit;
19 Work with staff and auditors on the non-housing DDR and assist with the retrieval and
research of documents requested by the Department of Finance, including explanation of
20 amounts on the non-housing DDR; assist with any research remaining on the LMIHF
DDR;
21
22 Assist staff in the preparation of the Recognized Obligation Payment Schedule (ROPS),
including review and determination of true-up payments;
23
Assist staff with amortized loan payment receipts, and preparation of monthly loan
24 statements. Reconciliation of financial status for fiscal years 2009-10, 2010-11, 2011-12
for federal funds and make corrections as necessary;
25
26 Continue reconciliation of financial statements for all enterprise funds and special funds
including: California Theatre; Sturges Center for the Performing Arts; Carousel Mall;
27
8
2014-127
1 San Bernardino Economic Development Corporation; Affordable Housing Solutions and
similar functions;
2
3 Report to the City Manager as to the status of the former Redevelopment Agency and as
to the status of all accounting and budget functions of the former Agency;
4
Provide recommendations to the City Manager as to the financial and accounting
5 functions of the former Agency to expedite the wind-down of the former Agency;and
6 Provide any assistance on various research and financial issues as necessary.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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2014-127
1 CONTRACT EMPLOYMENT AGREEMENT
BETWEEN CITY OF SAN BERNARDINO,ACTING AS THE SUCCESSOR AGENCY
2 TO THE FORMER SAN BERNARDINO REDEVELOPMENT AGENCY,AND
3 BARBARA LINDSETH
4
5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute.
6 by and through their respective authorized officers, as of the date first written.
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CITY OF SAN BERNARDINO, BARBARA LINDSETH
9 A municipal corporation
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12 Agile C c'tk-e (Sx_
Allen 'yker, City Manager Barbara Lindseth
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14 Approved as to form:
Gary D. Saenz, City Attorney
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BY: s.4 cr,,-e'
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