HomeMy WebLinkAbout05.S- Successor Agency RESOLUTION (ID #3030) DOC ID: 3030 A
co CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Employment Agreement
From: Lisa Connor M/CC Meeting Date: 05/05/2014
Prepared by: Lisa Connor, (909) 663-1044
Dept: Successor Agency 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 the Execution of an
Employment Agreement with Barbara Lindseth for Financial Services. (#3030)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The total compensation for the term shall not exceed $74,400. The cost of this agreement has
_ been included in the Administrative line item of the Recognized Obligation Payment Schedule.
Account Description: <<Insert Account Description
Balance as of. <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
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 of
$63,600.
On September 17, 2012, the City entered into Amendment No. 2 to the Employment Agreement
with Ms. Lindseth for the term from September 30, 2012 to December 31, 2012
Background:
When the former Redevelopment Agency (Agency) was dissolved in February of 2012, the
Successor Agency acquired the services of Ms. Lindseth to assist with the wind down of the
Agency. As the Agency's former Director of Administrative Services, Ms. Lindseth's financial
knowledge and experience has been vital in assisting City and Successor Agency staff in meeting
the requirements of the Dissolution Act.
There continues to be a great deal of financial work needed to meet these requirements as
Updated: 4/24/2014 by Jolena E. Grider A I Packet Pg.272
3030
referenced in Exhibit A to the Employment Agreement. For this reason, the City entered into a
Consultant Services Agreement ("CSA") for financial services in the amount of$24,999 through
May 2014. As a retiree, and in accordance with CALPERS, Ms. Lindseth is prohibited from
working more than 960 hours a fiscal year. It is anticipated that funding under the CSA will be
exhausted by mid-May leaving Ms. Lindseth with 280 hours for the remainder of fiscal year
13/14.
Ms. Lindseth's services are important to the wind-down activities of the former Agency;
therefore, staff is recommending that the City, approve and authorize an Employment Agreement
with Ms. Lindseth for the term beginning May 12, 2014 through June 30, 2015. Compensation
will be at a rate of$60.00 per hour not to exceed 960 hours a fiscal year. Total compensation for
the term shall not exceed$74,400 which includes the 280 hours remaining in fiscal year 13/14.
City Attorney Review:
Supporting Documents:
reso 3030 (PDF)
agrmt 3030 (PDF)
Updated:4/24/2014 by Jolena E.Grider A Packet Pg. 273
I
t RESOLUTION NO.
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 2
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WHEREAS, BARBARA LINDSETH, as the former Director of Administrative Servicelq m
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11 of the San Bernardino Redevelopment Agency has specialized expertise, knowledge and skill 3
12 regarding the San Bernardino Redevelopment Agency's financial and accounting practices; and
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WHEREAS, LINDSETH is currently retired through CALPERS and is allowed to wor Q
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in a position of limited duration requiring specialized skills and expertise so long as the hour o
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worked do not exceed a total of 960 hours in any fiscal year pursuant to Government Cod w
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17 Section 21224;
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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19 OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE FORME M
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REDEVELOPMETN AGENCY,AS FOLLOWS: M
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22 SECTION 1: The City Manager is hereby authorized and directed to execute the
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23 Employment Agreement with Barbara Lindseth to provide financial services relative to the win
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24 down of the former San Bernardino Redevelopment Agency at a cost of$74,400. A copy of said a
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Employment Agreement is attached hereto as Exhibit"A"and incorporated herein by reference.
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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 o
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this Resolution.
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5.S.a
10 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 FINANCIAL
SERVICES.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino, acting as the Successor Agency of the former a
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Redevelopment Agency at a 8
meeting thereof, held on the day
9 of , 2014, by the following vote, to wit: L
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
12 BARRIOS
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13 VALDIVIA a
14 SHORETT
15 NICKEL
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16 JOHNSON w
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17 MULVIHILL
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20 Georgeann Hanna, City Clerk c
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21 The foregoing Resolution is hereby approved this day of 2014. o
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R. Carey Davis, Mayor
24 Approved as to Form: City of San Bernardino
Gary D. Saenz, City Attorney Q
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26 Bye
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5.S.b
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
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THIS AGREEMENT is made and entered into this 5th day of May 2014, by and between
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the CITY OF SAN BERNARDINO, in its capacity as the Successor Agency to the former San
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Bernardino Redevelopment Agency ("CITY") and BARBARA LINDSETH, an individual
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8 ("LINDSETH").
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9 WHEREAS, the CITY, as the Successor Agency to the former San Bernardino 0°
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Redevelopment Agency is responsible for winding down the affairs of the San Bernardino
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11 Redevelopment Agency pursuant to ABx1 26; and
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WHEREAS, LINDSETH, as the former Director of Administrative Services of the San
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Bernardino Redevelopment Agency has specialized expertise, knowledge and skills regarding c
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the San Bernardino Redevelopment Agency's financial and accounting practices; and w
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16 WHEREAS, LINDSETH is currently retired through CALPERS and is allowed to work
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17 in a position of limited duration requiring specialized skills and expertise so long as the hourso
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18 worked do not exceed a total of 960 hours in any fiscal year pursuant to Government Code
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19 Section 21224; o
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NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the M
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parties hereto agree as follows: E
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1. SERVICES PROVIDED. a
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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:
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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
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financial statements and reconciliations as necessary; research and prepare reports as require
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by the State Department of Finance, and respond to requests for information; report to the City
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7 Manager and/or his designee on a regular basis as to the status of the wind-down of the forme c
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8 Redevelopment Agency and as to the status of accounting and budget functions of the forme
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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-do c
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11 process.
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Standards of Performance. LINDSETH shall perform all services required pursuant t c
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this Agreement to the satisfaction of the City Manager. LINDSETH shall perform all services o
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described in this Agreement in a manner consistent with the standards of care, diligence and skis w
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16 ordinarily exercised by professionals in similar fields and circumstances in accordance with c
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17 sound professional practices.
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18 Non-discrimination. In performing this Agreement, LINDSETH shall not engage i c
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19 discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical condition, marital status, sexual gender o
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sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. E
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23 Delegation and Assignment. This is a personal services contract, and the duties set fort Q
24 herein, shall not be delegated or assigned to any person or entity without prior written consent o
25 the CITY.
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YES:
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, of
3 employment with, any person or entity which will constitute a conflict of interest with the
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services performed for CITY.
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2. COMPENSATION. _
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7 Compensation. CITY hereby agrees to pay LINDSETH an hourly rate of $60.00, not t
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8 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 shall0°
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not be entitled to any compensation, leave accruals, retirement or other benefits of regula
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employees employed by the CITY. Time sheets recording hours spent and work performed shall a
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be submitted in accordance with the policies as those apply to the CITY as Successor Agency t =
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14 the former San Bernardino Redevelopment Agency. a
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Additional Services. LINDSETH shall not receive compensation for any services provided w
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16 outside the scope of services specified in this Agreement unless the CITY, prior to LINDSETH o
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17 performing the additional services, approves such additional services in writing. It is specificallyo
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18 understood that oral requests and/or approvals of such additional services or additional
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19 compensation shall be barred and are unenforceable.
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20 3. TERM AND NOTIFICATION.
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Term. This Agreement shall commence on the Effective Date and continue through June E
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23 30, 2015, or the completion of 960 hours of work in fiscal year 2014-15, plus the balance o Q
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.
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15.S.b
1 Termination. CITY or LINDSETH may terminate the services, with or without cause at
2 any time,upon written notification by either party. In the event of termination, LINDSETH shall
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be paid the balance of hours worked and services rendered to the date of termination. Nothing in
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5 the Agreement shall be construed as creating any vested right in such appointment or in
employment with the CITY.
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7 Documents. In the event of termination of this Agreement, all documents prepared b c
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g 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 ol m s
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10 termination notice to LINDSETH, at no cost to the CITY. 3
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11 4. GENERAL PROVISIONS.
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Entire Agreement. This Agreement constitutes the entire Agreement between parties_
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with respect to any matter reference herein and supersedes any and all other prior writings an o
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oral negotiations. This Agreement may only be modified in writing, and signed by the parties i w
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16 interest at the time of such modification. The terms of the Agreement shall prevail over an o
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17 inconsistent provision in any other contract document appurtenant hereto, including exhibits t Cl)
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this Agreement.
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Notices. Any notices, documents, correspondence or other communications concerning
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this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail f°
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and shall be addressed as set forth below. Such communication shall be deemed served oi E
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23 delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at th C
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.
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5.S.b
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
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Attorneys' Fees. In the event that litigation is brought by any party in connection wit
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7 this Agreement, the prevailing party shall be entitled to recover from the opposing party all costsc
8 and expenses, including reasonable attorneys' fees, incurred by the prevailing party in thev
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9 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, 00
10 conditions, or provisions hereof The costs, salary and expenses of the City Attorney an =
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members of his office in enforcing this contract on behalf of the CITY shall be considered a d
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"attorneys' fees"for the purposes of this Agreement.
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Governing Law. This Agreement shall be governed by and construed under the laws o 0
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the State of California without giving effect to that body of laws pertaining to conflict of laws.
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16 In the event of any legal action to enforce or interpret this Agreement, the parties hereto agre o
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17 that the sole and exclusive venue shall be a court of competent jurisdiction in San Bernardinoo
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18 County, California.
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Assignment. LINDSETH shall not voluntarily or by operation of law assign, transfer.
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sublet or encumber all or any part of LINDSETH's interest in this Agreement without CITY'S `°
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prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall bc E
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void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Q
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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 LINDSETH
26 hereunder for the term of this Agreement.
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1 Headings. Paragraphs and subparagraphs headings contained in this Agreement are
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
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interpretation of this Agreement.
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Amendments. Only a writing executed by all parties hereto, or their respective
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successors and assigns, may amend this Agreement.
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g Waiver. The delay or failure of either party at any time to require performance o
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9 compliance by the other of any of its obligation or agreements shall in no way be deemed a s
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waiver of those rights to require performance or compliance. No waiver of any provision of thi =
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Agreement shall be effective unless in writing and signed by a duly authorized representative o d
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the party against whom enforcement if a waiver is sought. The waiver of any right or remedyc
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with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with o
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respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver.
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16 Severability. if any provision of this Agreement is determined by a court of competen o
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17 jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the M
18 validity enforceability of the remaining terms and M
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provision in any other circumstances, and the remaining provisions of this Agreement shallM
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remain in full force and effect.
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Counter. This Agreement may be executed in one or more counterparts, each o E
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23 which shall be deemed an original. All counterparts shall be construed together and shall Q
24 constitute one agreement.
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S.S.
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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
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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 writt en.
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CITY OF SAN BERNARDINO, BARBARA LINDSETH
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Allen Parker, City Manager Barbara Lindseth
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14 Approved as to form: c.
Gary D. Saenz, City Attorney w
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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;
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Reconciliation income received and expenditures of Theatrical Arts Institute on a 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;
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10 Reconcile RDA/EDA checking account for all accounts used for general and payroll on a 3
monthly basis and determine journal entries to be made;
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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 Q
journal entries for pay-offs, write downs and foreclosures;
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14 Review and determine status of all Low-Mod Income Housing Fund, CDBG and HOME a.
Investment Partnership loans, including payment status; E
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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; o
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17 Com lete June 30, 2012 audit, record ad
p 'ustin journal entries in
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18 .financials and assist staff as necessary on the June 30, 2013 audit; M
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19 Work with staff and auditors on the non-housing DDR and assist with the retrieval and M
research of documents requested by the Department of Finance, including explanation of E
20 amounts on the non-housing DDR; assist with any research remaining on the LMIHF
DDR;
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22 Assist staff in the preparation of the Recognized Obligation Payment Schedule (ROPS),
including review and determination of true-up payments; w
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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
25 for federal funds and make corrections as necessary;
26 Continue reconciliation of financial statements for all enterprise funds and special funds
including: California Theatre; Sturges Center for the Performing Arts; Carousel Mall;
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1 San Bernardino Economic Development Corporation; Affordable Housing Solutions and
similar functions;
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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;
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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
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6 Provide any assistance on various research and financial issues as necessary. y
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