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HomeMy WebLinkAbout04E- Economic Development Agency ECONOMIC DEVELOPMENT AGENCYR { G { NAL OF THE CITY OF SAN BERNARDINO O FROM: Emil A.Marzullo SUBJECT: Budget Adoption Fiscal Year 2010-2011 Interim Executive Director DATE: June 28,2010 Synopsis of Previous Commission/Council/Committee Action(s): None. Recommended Motionls): --- --- ------— ------- ------------ Mayor and Common Council A: Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino fiscal year 2010-2011 public improvement expenditures and making findings and determinations pursuant to Health & Safety Code Sections 33445 and '33445.1 as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures B: Resolution of the Mayor and Common Council of the City of San Bernardino, California approving the execution and delivery of an Agency-City 2010 Loan Agreement and 2010-2011 Note of the City of San Bernardino("City")payable to the Redevelopment Agency of the City of San Bernardino("Agency")in the principal amount equal to$1,332,925 for the repayment of the$1,310,000 principal amount of the 2009-2010 Note payable from the City to the Agency C: Resolution of the Mayor and Common Council of the City of San Bernardino, California approving a Master Services Agreement for fiscal year 2010-2011 by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San Bernardino ("City") and authorizing the Agency's payment to the City for the performance of certain functions by City Departments for the benefit of the Agency Recommended Motion(s)Continued to Next Page..... Contact Person(s): Emil A.Marzullo Phone: (909)663-1044 Project Area(s): All Ward(s): All Supporting Data Attached: Q Staff Report 0 Resolution(s)Agreement(s)Contract(s) ❑ Map(s) ❑Letters FUNDING REQUIREMENTS: Amount: $ 113,307,700 Source: All Budget Authority: Requested Signature: Fiscal Review: Emil A.Marzullo,Interim Executive Director L anz Ti enr In err inis i rvices Director Commission/CouncilNotes: - i / 3 tn- -- --- -------------,----------------------------- ------------- P:Wgendu\Co=Doi Comm:uion\CDC 2010\063a10 eudee ndopeoo FY 201a201 .doo COMMISSION MEETING AGENDA Meeting Date: 06/30/2010 Agenda Item Number: 465 Economic Development Agency Staff Report Budget Adoption Fiscal Year 2010-2011 June 24, 2010 ----------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s) Continued: Community Development Commission D: Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's budget for the fiscal year 2010-2011 with any such amendments, changes and modifications that may be specifically authorized by said Commission, except for those portions of certain budget lines which are related to the Central City Projects Redevelopment Area and the Uptown Redevelopment Project Area E: Resolution of the Community Development Commission of the City of San Bernardino, California approving the Economic Development Agency's budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the fiscal year 2010-2011 with any such amendments, changes and modifications that may be specifically authorized by said Commission F: Resolution of the Community Development Commission of the City of San Bernardino, California approving the Economic Development Agency's budget for those portions of certain budget lines which are related to the Central City Projects Redevelopment Project Area for the fiscal year 2010-2011 with any such amendments, changes and modifications that may be specifically authorized by said Commission G: Resolution of the Community Development Commission of the City of San Bernardino, Califomia, authorizing the funding of various City of San Bernardino fiscal year 2010-2011 public improvement expenditures and making findings and determinations pursuant to Health & Safety Code Sections 33445 and 33445.1 as to the benefit to the various redevelopment project areas for the undertaking of various public improvements H: Resolution of the Community Development Commission of the City of San Bernardino, California, approving amendments to Exhibits "A" and "B", deletion of certain pages and the addition of other pages to Exhibit "C" of the Personnel Policies and Procedures for all employees of the City of San Bernardino Economic Development Agency I: Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's analysis and determination of the appropriateness of the planning and administration expenditures of the Low- and Moderate- Income Housing Fund for the fiscal year 2010-2011 Agency Budget R\Agendes o=�Co=inionTM2010\0&sa1oemeen pm FYzoiamILea COMMISSION MEETING AGENDA Meeting Date: 0650/2010 Agenda Item Number: J: Resolution of the Community Development Commission of the City of San Bernardino, California, approving a Master Services Agreement for fiscal year 2010-2011 by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San Bernardino ("City") and authorizing the Agency's payment to the City for the performance of certain functions by City Departments for the benefit of the Agency K: Resolution of the Community Development Commission of the City of San Bernardino approving the execution and delivery of an Agency-City 2010 Loan Agreement and 2010-2011 Note of the City of San Bernardino ("City") payable to the Redevelopment Agency of the City of San Bernardino ("Agency") in the principal amount equal to $1,332,925 for the repayment of the $1,310,000 principal amount of the 2009-2010 Note from the City to the Agency OR Alternate D: Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the Economic Development Agency to continue expenditures, except for those portions of certain budget lines which are related to the Uptown and Central City Projects Redevelopment Project Areas, at the budgeted level for the 2009-2010 fiscal year, with allowance for those budgeted items having prior Commission approval, pending final approval of the 2010-2011 budget Alternate E: Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the Economic Development Agency to continue expenditures for those portions of certain budget lines,which are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2009-2010 fiscal year, with allowance for those budgeted items having prior Commission approval,pending final approval of the 2010-2011 budget r: a.a�camm a.cammndotcnc zatma-3ato e�aea nao�no�er zotazot t n« COMMISSION MEETING AGENDA Meeting Date: 06/30/2010 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT BUDGET ADOPTION FISCAL YEAR 2010-2011 BACKGROUND AND CURRENT ISSUE: The City of San Bernardino's Economic Development Agency ("Agency") proposed budget for the fiscal year 2010-2011 anticipates resources totaling $113.3 million. Of this total, $37 million are anticipated redevelopment project area tax increment funds, reserves and revenue pass-through for projects; $12.5 million are anticipated project area 20% set-aside (low- and moderate-income housing funds) which includes distributions from the Inland Valley Development Agency; and $18.5 million are federal funding (new year plus carry-over) which includes $7.6 million in Community Development Block Grant ("CDBG") and Emergency Shelter Grant ("ESG") funds; $10.5 million in HOME, Neighborhood Stabilization Program ("NSP"), Neighborhood Improvement Program ("NIP") and Homelessness Prevention and Rapid Re-housing Program("HPRP") funds. For fiscal year 2010-2011, an estimated 87.9%, or $99.6 million of the proposed budget encompasses required expenditures based upon previous actions of the Mayor and Common Council of the City of San Bernardino ("Council") and/or Community Development Commission of the City of San Bernardino ("Commission"), which have anticipated, prioritized, obligated or committed Agency resources regarding bond payments, contracts, agreements, projects and programs. An estimated 6.4%, or $7.3 million, of the proposed Agency budget encompasses expenditures that relate to Agency reimbursement or direct Agency payments for City services or City expenditures. Since the State of California won its challenge in regards to the taking of redevelopment funds for the Supplemental Educational Revenue Augmentation Fund ("SERAF"), the Agency paid the State of California $12.4 million, which had been anticipated. The Agency has reserved $2.5 million for any SERAF payment requirement in the 2010-2011 fiscal year. An estimated 5.7% or $6.4 million of the Agency's proposed budget is discretionary and, therefore, available for Agency staffing, administration/operations, general consulting, legal and marketing. The $6.4 million discretionary budget amount referenced above includes $4.7 million for Agency staffing and direct administration/operations costs, and $1,676,900 in Agency costs associated with legal, general consultant services and marketing. The $4,731,000 budgeted for Agency staffing and direct administration/operations costs represent an increase of$495,000 from the current fiscal year. The Agency's combined redevelopment project area tax increment cash flow for fiscal year 2010-2011 is projected to be a deficit of approximately $3.1 million. After first ensuring that there are necessary fund balance reserves for bond payments and other expenditures during the almost six (6) months when the Agency does not receive any tax increment revenues, it is anticipated, as mentioned above, that the Agency will have remaining tax increment fund balance carry-overs in several of the redevelopment project areas which will be used to off-set the deficit. This combined remaining projected fund balance carry-over is a positive $54,172. In light of the fact that the Agency must annually demonstrate to San Bernardino County an adequate amount of debt in all redevelopment project areas in order to receive tax increment, it is prudent to examine and determine the Agency's bonding capacity. Any proposed tax increment bond issues, proposed projects or programs will be brought forward to the Commission at a future date. — — — ----------- ------- ---- P:Ugendes\CommDe Commission\CDC201 010630-10 BudgetAdoptionFY2010-2011Aoc COMMISSION MEETING AGENDA Meeting Date: 06/30/2010 Agenda Item Number: Economic Development Agency Staff Report Agency 2010-2011 Budget Page 2 In light of the City's budget deficit, the Agency's proposed fiscal year 2010-2011 budget contains approximately $7.3 million in carry-over budget items either providing funding for City services and/or expenditures, forgiving City rent for the 201 North "E" Street and the 1350 South "E" Street buildings, and forgiving City reimbursements to the Agency pursuant to the Master Service Agreement. Individual components of this approximate $7.3 million in City expenditures/revenue forgiveness are either directly funded by a specific redevelopment project area when the expenditure/revenue forgiveness is directly related to that redevelopment project area, or, when the City service or expenditure is general in nature, divided among the redevelopment project areas that have positive fund balances for the fiscal year or have fund balances from the previous fiscal year. Included in the City expenditures are the following City obligations funded equally by the Southeast Industrial Park, Tri City,Uptown and Northwest Redevelopment Projects: 1. COP payment Central Police Dept. building(CCN) $490,000 2. Library Lease Revenue Bond issue payment(CCN) $690,000 Total $1,180,000 As a separate consideration, recommendation for the approval and execution of a Note payable to the Agency in the principal amount equal to $1,332,925 for the repayment of the $1,310,000 principal amount of the 2009-2010 Note from the City to the Agency. Finally, the Agency currently has an authorized staffing level of 34 full-time permanent positions. Structured within the fiscal year 2010-2011 budget is a proposed reorganization of the Agency which is needed to better manage the Agency's assets, increase economic development and increase business attraction activities on the City's behalf and staff the Office of Business Development. The Agency proposes to delete 4 full-time positions and 1 part-time intern position and add eleven full-time staff positions, fill 1 currently vacant approved position due to increased needs. This action equates to a net increase of 6 staff positions. Two positions shall be abated by a reduction in support to the Convention and Visitors' Bureau ("CVB") with the absorption of 2 CVB employees into the Agency. These recommended actions represent the increase of$495,000 in the staffing budget and includes a 1% cost of living increase for all Agency Staff. Based upon a reassessment of the Agency's needs and a reorganization of the Agency's structure, it is recommended that the vacant positions of Senior Finance/Administrative Analyst; Executive Assistant to the Executive Director; Construction Management Specialist; CATV Production Engineer; and part-time Administrative Intern be deleted and that the positions of Records Management Specialist; Chief Financial Officer; Director of Marketing and Special Events; (2) Financial Analysts; Business Solutions Coordinator and Administrative Assistant be created. Additionally, the position of Enterprise Zone/Economic Development Project Manager be deleted and renamed a Project Manager which is the same range and classification. It is also recommended that additional positions of Senior Accounting Technician; Deputy Director; Production Technician and Project Manager be duplicated and filled as these classifications already exist with the Agency's Classifications and Salary schedule. At this time, as clean-up amendments to the Agency's Personnel Policies, the job description for the Director of Administrative Services is being brought forward to the Commission for approval, along with an amended P\A eH a\Comm DevCommini.MCDC 201010 6 3 0.1 0 Budge AdoptionF 2010.2011.doc COMMISSION MEETING AGENDA Meeting Date: 06/30/2010 Agenda Item Number: Economic Development Agency Staff Report Agency 2010-2011 Budget Page 3 list of Agency positions and salary ranges reflecting these changes (Exhibit `B"). Also, various temporary positions, determined to be Agency contract temporary employees by the Internal Revenue Services, not consultants, have been added to the list of Agency employees as Public Service Temporary Employees ("PSTE"), along with part-time employees, whose employment terms, conditions and length of employment are subject to approved funding authority and source,hiring authority, contract provisions, and approved budgeted amounts. It is recommended to amend the PSTE/Part-Time Employees hourly pay range be changed to generally reflect the range of $8.00- $21.00 to encompass all part-time employees. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: The fiscal impact of the Agency's proposed fiscal year 2010-2011 Budget will be $113,307,700 as outlined in the Staff Report. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. Emil A. Marzullo,Interim Executive Director P?Agendu\Co=DN Com iuion\CDC 2010\063a10 sudga Adopfim FY 201amu.mn COMMISSION MEETING AGENDA Meeting Date: 06/30/2010 Agenda Item Number: (NOTE: COMPANION RESOLUTION CDC/2010-35) 1 RESOLUTION NO. 2010-218 C 0 PID 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2010-2011 PUBLIC 4 IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE 5 SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC 6 IMPROVEMENTS IN CONNECTION WITH THESE VARIOUS CITY 7 EXPENDITURES 8 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation 9 and a charter city duly created and existing pursuant to the Constitution and the laws of the State of 10 California; and 11 WHEREAS, the Community Development Commission of the City of San Bernardino (the 12 "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the 13 'Agency"), is a redevelopment agency, a public body, corporate and politic of the State of 14 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of 15 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of 16 California(the "Act'); and 17 WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of 18 the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of 19 installation and construction of any building, facility, structure or other improvement which is 20 publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the 21 Council determines: (1) that such buildings, facilities, structures or other improvements are of 22 primary benefit to the redevelopment project area or the immediate neighborhood in which the 23 project is located, regardless of whether such improvement is within another project area; (2)that no 24 other reasonable means of financing such buildings, facilities, structures or other improvements is 25 available to the community, and such determination by the Commission and the Council shall be 26 final and conclusive; (3) that the payment of funds for the cost of the facilities, structures or other 27 improvements will assist in the elimination of one (1) or more blighted conditions inside the project 28 area; (4) that the payment of funds for the cost of the buildings, facilities, structures or other 1 Pt gen&sU esolutionss esolutionst 010\M-30-10 MA Budgv B=&FY 10.11 MCC Reno A dm d 2010-218 1 improvements is consistent with the implementation plan adopted pursuant to Health and Safety 2 Code Section 33490; and (5) that the installation of each building, facility, structure, or 3 improvement is provided for in the redevelopment plan; and 4 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the 5 Mayor and Common Council of the City (the "Council'), pay all or a part of the cost of installation 6 and construction of any building, facility, structure or other improvement which is publicly owned 7 within the boundaries or contiguous to a redevelopment project area if the Council determines: (1) 8 that the installation or construction of the buildings, facilities, structures or other improvements is of 9 benefit to the project area by helping to eliminate blight within the project area; (2) that no other 10 reasonable means of financing such buildings, facilities, structures, or other improvements that are 11 publicly owned, are available to the community and such determination by the Commission and the 12 Council shall be final and conclusive; and (3) that the payment of funds for the cost of such 13 facilities, structures or other improvements will assist in the elimination of one (1) or more blighted 14 conditions inside the project area; and 15 WHEREAS, the Council and the Commission have previously approved and adopted 16 Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for various 17 redevelopment project areas within the City,which project areas include: Uptown Project Area, Tri- 18 City Project Area, State College Project Area, Central City North Project Area, Southeast Industrial 19 Park Project Area,Northwest Project Area, and Central City Merged Project Area; and 20 WHEREAS, it is in the interests of the present landowners within the Central City North 21 Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and within 22 the City generally, that the Agency cause the funding of certain improvements consisting o£ (1) the 23 Agency payment of the COP debt service payment for the Central Police Department Building 24 ($490,000) within the Project Area pursuant to Section 33445 of the Act for the Uptown Project 25 Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park 26 Project Area and the Northwest Project Area; and (2) the Agency payment of the Central Library 27 Lease Revenue debt service payment ($690,000) for the Central Library located within the Project 28 Area pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to Section 2 P:41gwdsvV lutimsVewluiom12010`A6-30.10MABudget Benefit FY 10-11 MCC Rew Adw 2010-218 1 33445.1 of the Act for the Tri-City Project Area, Southeast Park Project Area and the Northwest 2 Project Area(collectively referred to herein as the "City Funded Improvements"); and 3 WHEREAS, the Central Police Department Building and the Central Library are centrally 4 located facilities servicing residents, workers and business owners within all of the City's 5 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project 6 Area, the Uptown Project Area and the Southeast Industrial Park Project Area(collectively referred 7 to herein as the "Benefited Project Areas")by providing various City functions which are in support 8 of, and will have a positive economic and social impact on, various City, retail, business and 9 commercial functions; and 10 WHEREAS, each of the aforementioned Benefited Project Areas are in proximity or 11 contiguous to the Project Area, and the Project Area serves the commercial, retail, City services and 12 other community needs of each of the Benefited Project Areas as to those functions that cannot be 13 provided separately within each of the Benefited Project Areas; and 14 WHEREAS, the Project Area is suffering from stagnant property values and impaired 15 investments, and in order to promote the health, safety and welfare of the Project Area and the 16 entire City, it is important that the Agency fund the costs of the aforementioned City Funded 17 Improvements; and 18 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed 19 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally; and 20 WHEREAS, it is appropriate at this time for the Mayor and Common Council to make 21 certain findings and determinations and take certain actions with respect to the Agency's funding of 22 the City Funded Improvements. 23 NOW, THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 24 BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER, AS FOLLOWS: 25 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by 26 this reference. 27 Section 2. The Mayor and Common Council hereby approve and consent to the payment 28 by the Agency of the City Funded Improvements in order to ensure the economic enhancements and 3 P UgeMesVtmo tionsacm[Mions1201�30-10 EDA Budget Benefit FY 10-11 MCC Reso Adue i 2010_218 1 stability of the Benefited Project Areas and other neighborhoods within the City for the reasons set 2 forth in the Recitals hereinabove. The Mayor and Common Council also find and determine that 3 pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to Section 33445.1 4 of the Act for the Tri-City Project Area, Southeast Park Project Area and the Northwest Project Area 5 no other reasonable means of financing the City Funded Improvements is presently available to the 6 Agency and the City and the Agency requires the use of revenues generated from the Benefited 7 Project Areas. The Mayor and Common Council further find that pursuant to Section 33445 of the 8 Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project 9 Area, Southeast Park Project Area and the Northwest Project Area the funding of the City Funded 10 Improvements will enhance the viability in the Benefited Project Areas thereby eliminating existing 11 blighted conditions in the Benefited Project Areas, provide its residents, workers and businesses 12 with necessary City services, and retail, business, commercial and other community services from 13 within the Project Area. The Mayor and Common Council hereby consent to and approve the 14 expenditures by the Agency from those Benefited Project Areas in the dollar amounts set forth in 15 the recitals to undertake the City Funded Improvements. 16 Section 3. The City Clerk is hereby authorized and directed to cause this Resolution to 17 be transmitted to the Agency for consideration in connection with appropriate action by that body. 18 Section 4. The findings and determinations herein shall be final and conclusive. The 19 Resolution shall become effective immediately upon its adoption. 20 21 22 23 24 25 26 27 28 4 P'.Wgendasaesolutlonsaesolutionst 010\06-30.10 EDA Budget Benefit FY 10-11 MCC Best,A dot, i 2010-218 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FUNDING OF 2 VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2010-2011 PUBLIC 3 IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE 4 SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC 5 IMPROVEMENTS IN CONNECTION WITH THESE VARIOUS CITY EXPENDITURES 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a Joint adjourned regular meeting thereof, 9 held on the 30th day of .rune 2010, by the following vote to wit: 10 Council Members: Ayes Nays Abstain Absent 11 MARQUEZ x 12 DESJARDINS x 13 BRINKER x 14 SHORETT x 15 KELLEY x 16 JOHNSON x 17 MC CAMMACK x 18 � e � 19 City Jerk 20 21 The foregoing Resolution is hereby approved this -71�w day of July ' 2010. 22 23 tric J. Morris, fa}tpC�, 24 of ity of San Bernardino 25 Approved to Form: 26 27 By: /4016 ey 28 5 P.Ugendea\R lwiom%ewlutionsl2010 30-10 EDA Budget Benefit} 10-11 MCC Reno A.dM (NOTE: COMPANION RESOLUTION CDC/2010-38) ID 1 RESOLUTION NO. 2010-220 COP 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT FOR 3 FISCAL YEAR 2010-2011 BETWEEN THE REDEVELOPMENT AGENCY OF 4 THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY FOR THE 5 PERFORMANCE OF CERTAIN FUNCTIONS BY CITY DEPARTMENTS FOR THE BENEFIT OF THE AGENCY 6 7 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 8 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 9 California; and 10 WHEREAS, the Community Development Commission of the City of San Bernardino (the 11 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 12 "Agency"), is a redevelopment agency, a public body,corporate and politic of the State of California, 13 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 14 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act"); 15 and 16 WHEREAS,the City is engaging the Agency to provide the financial support and funds for the 17 line items described in the Master Services Agreement(the"Agreement") as authorized in the Agency 18 budget for the 2010-2011 fiscal year of the Agency and the City. The Agency has accepted such 19 obligation to provide the financial support and funds pursuant to the terms of the Agreement during the 20 term of the Agreement. 21 WHEREAS, it is appropriate at this time for the Council to approve and authorize the City 22 Manager to execute said Agreement. 23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 24 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 25 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 26 reference. 27 Section 2. The Mayor and Common Council hereby approves the Agreement in the form as 28 attached to this Resolution as Exhibit"A"with such changes thereto as may be approved by the Interim 1 P:Uge� amlutionsVewlutions�010�-30EDA Budget BenefitP 10-11-Master Svcs.Agent.MCC Reso C.dcc 2010-220 1 Executive Director of the Agency and the City Manager when such terms and conditions have been 2 ascertained. 3 Section 3. This Resolution shall take effect from and after its date of adoption by this 4 Council. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:V gendasV¢ olutwnsaesolutwns\2010\0 30 EDA Budget Becefit FY 10.1 i-Master Svcs.Agmt.MCC Reso C.doc 2010-220 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT FOR 2 FISCAL YEAR 2010-2011 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO 3 AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY DEPARTMENTS FOR 4 THE BENEFIT OF THE AGENCY 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint adi ourned regular meeting thereof, 7 held on the 30th day of _T,,, , 2010,by the following vote to wit: 8 Council Members: Aves Nays Abstain Absent 9 MARQUEZ x 10 DESJARDINS x 11 BRINKER x 12 SHORETT x 13 KELLEY x 14 JOHNSON x 15 MC CAMMACK x 16 City nerk 17 18 The foregoing Resolution is hereby approved this 717' day of July 12010. 19 20 atricrr J. Morris, Mayor 21 o ity of San Bemardino 22 Approved to Form: 23 r 24 By. ity Atorney 25 26 27 28 3 P:WgendasUt lutionsV esolulmns @010\06-30 EDA Budget Benefit FY 10-11-Master Svcs.Agra.MCC Ras,C.do, 2010-220 1 EXHIBIT "A" 2 MASTER SERVICES AGREEMENT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 P:\Agemtes\Rm1utbnsacwJmwns\2010\06-30 ESA Budget Benefl FY 1011-Mester Svcs.Agmt.MCC Rm C.&c 2010-220 MASTER SERVICES AGREEMENT C t\ 11 I (—' NYi This MASTER SERVICES AGREEMENT (this "Agreement") is made an====d entered into as of the June 30, 2010 (the "Effective Date"), by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), and the City of San Bernardino, a charter City under the laws and Constitution of the State of California(the "City"). The Agency and the City hereby agree as follows: 1. Enactment of the Agency. The City hereby engages the Agency to provide the financial support and funds for the following described line items as authorized in the Agency budget for the 2010-2011 fiscal year of the Agency and as the same may be additionally set forth in the City budget for the 2010-2011 fiscal year of the City. The Agency hereby accepts such obligation to provide the financial support and funds pursuant to the terms of this Agreement during the term of this Agreement as specified in Section 7. 2. Agency Payments of Bonded Debt Service of the City. During the 2010-2011 fiscal year of the Agency and the City, the Agency shall pay to the City an amount equal to $3,566,000 representing the debt service payments otherwise required to be remitted by the City to the bond trustee for the following described issuances of municipal bonds of the City and/or the Agency for the following described City facilities with the noted source of municipal bond or tax allocation bond financing, as appropriate: (i) Police Facility—Agency tax allocation bonds (ii) Stadium—Agency tax allocation bonds (iii) Soccer Park—Agency tax allocation bonds (iv) Library—City municipal bond financing (v) Central Police Department Building—City municipal bond financing (vi) South Valle — City municipal bond financing subject to Agency reimbursement agreement 1 P:\Agendn\AgaMa Amu h.w.\A Benda Atwhmenb\Agrmta-Amend 3010\0630-10 FDA Budget-Mw,Smius Agreement FY 10-11 dac EXHIBIT"A" 2010-220 The debt service schedules and other particulars regarding said debt issuances of the City and the Agency are on file with the official records of the City and Agency with their respective Finance Officers. 3. Payment by Agency of Administrative Services of Benefit to Agency. During the 2010-2011 fiscal year of the Agency and the City, the Agency shall pay to the City an amount equal to $794,250 representing the allocation of the following described services provided by the City to the Agency which are allocated in part to the Agency in the manner and for the line items as set forth below: Total Dollar Description % Allocation Agency Amount of Item to Agency Payment (i) $845,000 Chairperson's Office 25% $211,250 (ii) $580,000 Council Offices 25% $145,000 (iii) $300,000 Parks and ReOCBS 100% $300,000 (iv) $130,000 City PIO 10% $13,000 (v) $125,000 Human Resources/Risk 100% $125,000 (vi) To be determined CATV direct costs for IT, Phone and Fleet. Set forth on Exhibit `B" as attached hereto are further details describing the items set forth above and other particulars regarding the allocation of certain cost items of the City to the Agency which shall be a part of this Agreement and which Exhibit "B" is incorporated herein by this reference. All performance items of the City as set forth on said Exhibit eB" shall be performed by the City and shall be enforceable by the Agency against the City in the same manner as though set forth in whole within the text of this Agreement. In addition to the Agency assumed City obligations as set forth in Section 2 and the allocation of certain City cost items to the Agency as set forth on said Exhibit `B", attached hereto as Exhibit "C" is a list of other City obligations and financial commitments which are additionally included in the 2010-2011 Agency budget and which are intended to be paid by the Agency on behalf of the City for the 2010-2011 fiscal year. 2 P UgendasWgenda AttnhmentsWpnda Attachments\Agrmte-Amend 2010\06-30-10 EDA Budget-Master Services Agreemens FY 10-11.&o 2010-220 4. Issuance of Loan to the City by the Agency. The City and the Agency previously entered into a loan agreement designated as the "Interim Loan Agreement" dated as of August 17, 2009 (the "Agency-City 2009 Loan Agreement"), and a Revenue Anticipation Note, dated as of August 17, 2009 (the "2009-2010 Note"), in the original principal amount equal to $1,310,000 which pursuant to the terms of the applicable loan agreement was required to be repaid by the City to the Agency, together with interest at the rate of interest per annum as set forth in the Agency-City 2009 Loan Agreement, on or before June 30, 2010. Due to the severe financial crisis the City continues to experience and the financial inability to timely repay the principal of and interest on the Agency-City 2009 Loan Agreement. The City now desires to repay the principal balance of the 2009-2010 Note, together with accrued and unpaid interest thereon, through the issuance and delivery of the Loan Agreement (the "Agency-City 2010 Loan Agreement") and a Revenue Anticipation Note of the City (the 112010-2011 Note"). The current outstanding balance of the Agency-City 2009 Loan Agreement, together with accrued and unpaid interest thereon, is equal to $1,332,925 (the "2010-2011 Outstanding Balance"). The Loan Agreement and the 2010-2011 Note payable to the Agency in the principal amount equal to $1,322,925 for the repayment of the 2009-2010 Note are addressed in a separate Resolution with Attachments which include the Agency-City 2010 Loan Agreement and the 2010-2011 Note. 5. Manner of Payment; Submittal of Invoices. The City shall provide a written invoice to the Agency not more than thirty (30) calendar days nor less than fifteen (15) calendar days prior to the date that funds are required to be remitted by the City to the applicable bond trustee pursuant to Section 2 hereof. The City shall additionally provide a written invoice on a monthly basis on or before the twentieth (20a') calendar day of each month solely for the payment equal to one-twelfth (1/12a') of the combined total dollar amounts to be remitted by the Agency to the City pursuant to Section 3 hereof with the final payment to be paid by the Agency to the City not later than June 30, 2011. The Agency shall pay or reimburse to the City, as applicable, the amounts that are correctly set forth on the invoices and which are delivered to the Agency by the City in a timely manner pursuant to this Section 5. If any invoice that is properly submitted by the City to the Agency is not paid by the Agency within thirty (30) calendar days after the due date as shall be stated thereon in conformity with this Agreement, interest will be charged on the outstanding delinquent payment 3 P:ApnduNgende AmdmentsNg Wa Attuhm"s\AgmtrAmmd 2010\630.10 PDA Budget-Muter Services Agreement FY 10.11.4 2010-220 amount equal to the rate of interest then paid by the Local Agency Investment Fund ("LAIF for moneys of local governmental agencies that may be deposited in the LAIF accounts. 6. Personnel. All matters pertaining to the hiring, employment supervision, compensation, promotion and discharge of City employees required to perform duties hereunder are the sole responsibility of the City, which is, in all respect, the sole employer of such employees. The City, and not the Agency, shall be solely responsible for the non-compliance by City staff with the provisions of this Agreement. All matters pertaining to the hiring, employment supervision, compensation, promotion and discharge of Agency employees required to perform duties hereunder are the sole responsibility of the Agency, which is, in all respect, the sole employer of such employees. The Agency, and not the City, shall be solely responsible for the non-compliance by Agency staff with the provisions of this Agreement. Ar. 7. Term and Termination. The term and thus the effective date of this Agreement shall commence as of July 1, 2010, and unless sooner terminated or extended by written agreement of the City and the Agency, shall terminate on June 30, 2011. Such termination date may only be extended by an amendment to this Agreement duly approved by the governing bodies of the City and the Agency and delivered pursuant to written notice given not less than thirty (30) calendar days' prior to the stated termination date with such amendment being executed and approved prior to the date of termination of this Agreement. 8. Indemnification and Insurance. 8.1 Indemnification. 8.1.1 The City shall defend (if requested by the Agency), indemnify, save and hold harmless, the Agency and its commissioners, officials, officers, employees and agents from all claims for all loss or damage to property, including loss of use thereof, and injury to persons resulting from the negligent performance of its obligations under this Agreement, as well as from any claims made by or on behalf of City's agents, servants and/or employees arising out of their employment or work 4 PdAgendas gale Anachment,U,,.da Anach..Uu- mts-A= 2OIOW&30-10EDABudges-Muta Sa ces Ag ent FY 10-11doc 2010-220 pertaining to the operations under this Agreement; moreover, the City shall, at all times, defend, indemnify and hold the Agency, its commissioners, officials, officers, employees and agents harmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, arising out of the failure by the City to comply with all laws, ordinances or governmental regulations applicable to the City or the conduct of the City's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic substances. 8.1.2 The City is and will be an independent contractor at all times and in every respect and not the agent of the Agency. Nothing contained herein and no direction or notification from the Agency or the Executive Director to the City shall be construed so as to create a partnership, joint venture or agency relationship between the parties hereto. 8.1.3 The Agency shall defend (if requested by the City), indemnify and save harmless the City and its commissioners, officials, officers, attorneys, employees and agents from all claims for all loss or damage to property, including loss of use thereof, and injury to persons resulting from the negligent performance under this Agreement, as well as from any claims made by or on behalf of the Agency's agents, servants and/or employees arising out of their employment or work pertaining to the operations under this Agreement; moreover, the Agency shall, at all times, defend, indemnify and hold the City, its commissioners, officials, officers, employees and agents harmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses fees, and expenses incident thereto, arising out the failure by the Agency to comply with all laws, ordinances or governmental regulations applicable to the Agency or the conduct of the Agency's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste,or toxic substances. 8.1.4 The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this Section 8.1. 5 P UgendWASends An¢ments\Agende Anenhmee s\Ag ,-Amend 2010\0 30-10 MA Budget-Nester SesW Agreement FY 10-11 d., 2010-220 8.2 Insurance. The City shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the Agency protecting said City, the Agency, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the City's activities in connection with the performance of this Agreement, whether such activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: 8.2.1 The City shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the City in the performance of the duties described herein. 8.2.2 The City shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for any one accident or casualty,:govering the performance of this Agreement. 8.2.3 Within ten (10) calendar days after the acceptance of this Agreement by the Agency, the City shall deliver to the Agency, certificates of insurance evidencing that insurance has been purchased by the City as required in Section 8.2.2 and copies of endorsements providing (i) thirty (30) calendar days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to the Agency, and(ii) automobile liability and comprehensive general liability insurance shall include the Agency, its commissioners, officials, officers, employees and agents as additional insureds. Said certificates of insurance and copies of endorsements shall be on file with the Agency at all times thereafter during the term of this Agreement. Failure of the City to provide the certificates of insurance or subsequent receipt by the Agency of a notice of cancellation of the insurance policy or policies by the City's insurance company or companies shall constitute a material breach of this Agreement and this Agreement may be terminated by the Agency upon written notice. All policies of insurance required and provided by the City under this Section 8.2 shall include, or be endorsed to provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the Agency,its commissioners,officials, officers,employees and agents. 6 P'\Agendee\Agenda An.c m.em g.M.Aff.dme U\Ag tmm end 2010\06-ID-10 FDA Budget.M e ,Saviors Ageemea FY 10-11 dm 2010-220 8.2A Notwithstanding the foregoing, the City may substitute a bona fide self. insurance program for any of the insurance requirements indicated in this Section 8.2. The City shall provide the Agency with evidence of excess coverage upon written request. 8.2.5 The Agency shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the City protecting said Agency, the City, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the Agency's activities in connection with the performance of this Agreement, whether such activities be of the Agency, the Agency's agent, or of anyone employed by the Agency. The types of insurance coverage, as well as the amounts of such coverage shall be as follows: 8.2.6 The Agency shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the Agency in the performance of the duties described herein. 8.2.7 The Agency shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for any one accident or casualty,covering the performance of this Agreement. 8.2.8 Within ten (10) calendar days after the acceptance of this Agreement by the City, the Agency shall deliver to the City certificates of insurance evidencing that insurance has been purchased by the Agency as required in Section 8.2.7 and copies of endorsements providing (i) thirty (30) calendar days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to the City, and (ii) automobile liability and comprehensive general liability insurance shall include the City, its commissioners, officials, officers, employees and agents as additional insureds. Said certificates of insurance and copies of endorsements shall be on file with the City at all times thereafter during the term of this Agreement. Failure of the Agency to provide the certificates of insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy or policies by the Agency's insurance company or companies shall constitute a material breach of this Agreement and this Agreement may be terminated by the City upon written notice. All policies of insurance required and provided by the Agency under this Section 8.2 shall include, or be endorsed to 7 P Vs en&Mgenda AnachmemsUgenda Attachments grmts-Amend 2 01 010 6 3 0-10 EDA Budgm-Muter Se ms Ag mmem E 10-11d 2010-220 provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the City, its commissioners,officials, officers,employees and agents. 8.2.9 Notwithstanding the foregoing, the Agency may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 8.2. The Agency shall provide the City with evidence of excess coverage upon written request. 9. Miscellaneous. 9.1 Notices. Any and all notices required or permitted to be given hereunder shall be in writing and shall be personally delivered or mailed by certified or registered mail, return receipt requested, postage prepaid, to the respective parties at the addresses indicated below: If to Agency: Redevelopment Agency of the City of San Bernardino Attention: Emil A.Marzullo, Interim Executive Director 201 North"E" Street, Suite 301 San Bernard4io, CA 92401 If to City: City of San Bernardino Attention: City Manager and City Clerk 300 North"D" Street San Bernardino, CA 92418 With copies to: City Finance Department Either party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mail shall be deemed to have been given on the third(3rd)business day after such notice is mailed. 9.2 Inte agr tion. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other party- 8 P,UgendasWpe aAnnchmentsWgenda AuachmentsUgrmm-Amend2010\0&]0.10FDAHudge t-Master Serras Agreement FY 10-11 doc 2010-220 9.3 Severabilitv. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement. 9.4 Amendment: Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties subject to governmental approval,as required from the respective governing bodies of the City and the Agency. 9.5 Governing Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. 9.6 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. 9.7 Headings. The headings of the Sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement. 9.8 Assi mg Went. Neither party hereto shall assign, hypothecate or otherwise transfer such party's rights hereunder, or delegate such party's duties hereunder, without the prior written consent of the other party hereto and approved by the governing body of each party. 9 P.�Agendes\Agenda Attachments\Agenda Attachments\Agmts-Amend 2010\06-30.10 EDA Budge-Mager Services Agreement FY 10-11 d. 2010-220 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERN INO By: Emil A.Matzullo,Interim Executive Director Approved as to Form: Agency-Lout el CITY OF SAN BERNARDINO ZIB Char s McNeely, Ci a er SEAL Approved as to Form: By: Jams P an,City Attorney ATTEST: ty Clerk 10 P.\Agendas\Agenda AnuhmentMgende Anechmenm\Agrmts-Amend 2010\06-30-10 MA Budget-Maser Services Agreement FY 10-I Ldm 2010-220 EXHIBIT "A" DEBT ISSUANCES OF THE CITY AND AGENCY (on file with financial offices of the City and the Agency) 11 P:\AgendaMgende AttachmentsV genda Attachments\Agents-Amato 2010\06-30-10 EDA Budge-Master Services Agrmment FY 10-1 l.doc 2010-220 EXHIBIT `B" ALLOCATION OF CERTAIN COST ITEMS TO THE AGENCY (INCLUDING DESCRIPTION OF CITY SERVICES TO BE PROVIDED TO THE AGENCY) 1. $300,000 Parks and Recreation Department for the City Beautification Services ("CBS"). It is understood that $100,000 shall be allocated and expended to maintain Agency owned properties. Maintenance shall include, but not be limited to,graffiti removal, weed abatement, tree trimming and other maintenance as deemed necessary. Weed abatement shall meet the City's Ordinance for property maintenance. It is also understood that $200,000 shall be utilized to maintain the City's entry points and business corridors. Maintenance shall include but not be limited to, graffiti removal, weed abatement, tree trimming, blight abatement and other maintenance as deemed necessary. These costs are paid directly to the CBS personnel through Agency payroll and maintenance costs are paid .F; by the Agency. There is no direct cash payment to the City. 2. $13,000 City Public Information Officer ("PIO"). The Agency shall receive the services in of the City's PIO to include, but not be limited to, the drafting and delivery of Agency's Press Releases, coordination of Press for certain Agency sponsored events and liaison with City Departments during the planning of Agency events as needed. 3. $125,000 Human Resources and Risk Management. Human Resources: • Recruitment/Selection services — Coordinate hiring process with department, develop recruitment plan, and advertise, screen applicants, schedule testing/interviews, write/review interview questions for legal compliance, conduct background check on applicants, conduct employee orientation. • Selection services — Coordinate background review of applicant, write letters of conditional offer, schedule physical examination, prepare Personnel Action Forms, schedule employee orientation. • Classification services — Develop and update job descriptions, conduct classification studies, review and respond to reclassification requests, conduct salary surveys. • Training — Provide/coordinate mandated training to employees on Sexual Harassment/Discrimination and Supervisory Skills, as well as other training include EDA employees in the City Management Development Program (succession planning). 12 P.\Agend.sW,enda Anechments4l nda Attachments\Agnnu-Amend 2010\06-30.10 EDA Budget-Harter Servim Agreemem FY 10-I1 dac 2010-220 • Employee Relations — Advise managers on employee performance/disciplinary issues, administer FMLA, create/update HR related policies and procedures, review existing personnel files for compliance with law and make changes as necessary. • Benefit Services — Assist employees with insurance, retirement and other benefit problems, analyze existing Ca1PERS health benefits to City health benefits for cost savings/benefit enhancements. • Employee Personnel Files — Maintain employee personnel files and separate employee medical files. • EEO — Investigate complaints of harassment/discrimination, respond to DFEH/EEOC complaints, and provide mandated EEO information. Risk Management: • Assist managers and supervisors in conducting training seminars to provide employees with information regarding safe work practices and accident prevention methods. • Investigate, document, verify, review, negotiate, adjust and settle claims against the EDA. • Conduct field surveys of EDA properties and facilities to identify potential hazards and safety violations. • Evaluate, identify, and determine methods to improve or correct workplace hazards. • Advise EDA on Cal/OSHA and Federal/OSHA regulations. • Advise EDA managers, su evisors and employees on accident prevention and elimination of unsafe working conditions. • Investigate employee accidents for committee review in order to determine preventability. • Perform a variety of administrative tasks in the City's self-insurance and insurance programs to include the maintenance of records. • Gather data for preparation of insurance applications and budget allocations. • Analyze accident and damage reports for potential subrogation actions and liability exposure. • Coordinate with DMV Pull Notice Program and assist in instructing staff on defensive driving procedures. • Establish and maintain a variety of files and records regarding safety compliance issues. • Serve as EDA representative when an enforcement agency (EPA, AQMD, CAL/OSHA, Federal/OSHA) inspector is conducting an inspection or investigation. 4. CATV- On February 2, 2009, the Mayor and Common Council (Resolution No. 2009-23) and the Community Development Commission (Resolution No.CDC/2009-5) approved an Agreement related to the transfer of the CATV employees from the City to the Agency. Included in said Agreement were provisions related to the provision of and payment for certain direct services by the City to the Agency on behalf of the CATV employees. Those services are Information Technology, telephone and fleet services. These services per the Agreement were to be billed at the "actual cost"for the provision of the services. 13 P Agendas\Agenda Anachments\Agmda Anechments A g mts-Amend20 10\0&30-10EDA Budges-Marto Sery sAgnemem FY 10.11.doc 2010-220 EXHIBIT "C" OTHER AGENCY ASSUMED CITY COST ITEMS Economic Development Agency City of San Bernardino List of Agency Funded City Obligations As of June 1, 2010 FY 09-10 FY 10-11 City Obligations/Expenditure -Budgeted Amount Amount A. Revenues not received by Agency- Budget reductions 1 South Valle COP Bond City reimbursement 176,000 176,000 2 City sales tax reimbursements (La Curacao est) 140,000 140,000 3 City payment HUB project costs $6.9 million notes est 200,000 600,000 4 Rent and utilities to EDA for 201 N and 1350 S E buildings 162,400 216,000 B. Expenditures of Agency Budget additions/on-going 1 Commission/Chairperson's office 196,000 211,250 2 Council offices 50,000 145,000 3 City Attorney Investigators/legal services 150,000 200,000 4 City Finance admin water credit program 8,000 8,000 5 City Mobile Home Inspection 32,800 32,800 6 City Telecom 350,000 0 7 City Parks and Rec landscaping maintenance 250,000 300,000 8 City Planners- hired by Agency/not reimbursement 250,000 0 9 City portion Welcome Center 25,000 25,000 10 PIO Services 0 13,000 11 City HR services to Agency 125,000 125,000 12 Carousel Mall security 337,500 440,000 13 Carousel Mall maintenance/utilities (Direct payment) 350,000 375,000 14 Carousel Mall janitorial 70,000 20,000 15 Police costs related to Carousel Mall 267,100 300,900 16 SB Convention and Visitor's Bureau 460,000 200,000 17 GIS Intern 45,000 0 18 Operation Phoenix utility costs 12,000 12,000 19 Enterprise Zone expenditures 90,000 41,900 20 IEEP/Film Commission 50,000 50,000 21 Code Displacement City Attorney Office 300,000 200,000 22 COP payment Central Police Dept Building 490,000 490,000 23 Library debt bond payment 690,000 690,000 24 Bond debt service Police Facility ($9 million matures 2026) 765,000 765,000 25 Bond debt service Stadium ($13 million matures 2026) 1,190,000 1,190,000 26 Bond debt service Soccer Park ($2.9 million matures 2026) 255,000 255,000 27 State Lobbyist 20,000 20,000 28 Federal Lobbyist 50,000 22,500 Total including other on-going Agency expenditures 7,556,800 7,264,350 1 RESOLUTION NO. COP15 Y► 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE 4 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THE FISCAL YEAR 2010-2011 WITH ANY SUCH AMENDMENTS, CHANGES AND 5 MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY 6 SAID COMMISSION, EXCEPT FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO THE CENTRAL CITY 7 PROJECTS REDEVELOPMENT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 8 9 WHEREAS, the Community Development Commission ("Commission") desires to approve 10 and adopt the Economic Development Agency's Budget for the Fiscal Year 2010-2011, except for 11 those portions of certain Budget Lines which are related to the Central City Projects Redevelopment 12 Area and the Uptown Redevelopment Project Area. 13 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 14 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 15 16 Section 1. The Commission hereby approves and adopts the Economic Development 17 Agency's Budget for the Fiscal Year 2009-2010, as attached hereto, except for those portions of 18 Budget Lines 4012, 4019, 4200, 4500, 4801, 4810, 4900, 4940, 5010-5024, 6104, 6301-6306, 6401, 19 6402, 6500, 6600, 7102, 7302, 7403, 8003 which are related to the Central City Projects 20 Redevelopment Area and except for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801 21 4900, 4940, 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 6020, 22 6021, 6103, 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003, 7102, 7302, 7403, 8002, 23 24 8003 which are related to the Uptown Redevelopment Project Area. 25 Section 2. The Commission hereby approves and authorizes for inclusion within the 26 Economic Development Agency's Budget for the Fiscal Year 2010-2011 any such additional 27 amendments, changes and modifications to said Budget as may be presented to the Commission on 28 this date and which are set forth either by interdelineation in said Budget or pursuant to a separate P:�geMnsVtehdionaV h tiuw1l0I Ot 6 3 10 EDA Budget Adoption Eu u C 1 City&Upwwn CDC Rm D.do y- J I Staff Report or other written document expressing and describing such amendments, changes or 2 modifications to said Budget, and as said Budget in the form, together with any such amendments, 3 changes or modifications, as herein approved and authorized by the Commission. 4 Section 3. This Resolution shall take effect upon the date of its adoption. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:UgecAUamiutwnsUme twnsaGI0t0630.10 EDA Budget Adoption Except Cenlssl City&Upwwn CDC Reno D.doc - I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE 2 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THE FISCAL 3 YEAR 2010-2011 WITH ANY SUCH AMENDMENTS, CHANGES AND MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY 4 SAID COMMISSION, EXCEPT FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO THE CENTRAL CITY 5 PROJECTS REDEVELOPMENT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ 12 DESJARDINS 13 BRINKER T SHORETT _ 14 KELLEY _ 15 JOHNSON 16 MC CAMMACK 17 — 18 19 Secretary 20 The foregoing Resolution is hereby approved this day of 12010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 By: 27 Agency nsel 28 3 P:UgendesVmtutiow\Ralutions\2010W630.10 EDA Budges Adoption Ezap Cemd CitykUpWw CDC R D.dw 1 RESOLUTION NO. 2 / 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE 4 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO 5 THE UPTOWN REDEVELOPMENT PROJECT AREA FOR THE FISCAL 6 YEAR 2010-2011 WITH ANY SUCH AMENDMENTS, CHANGES AND MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY 7 SAID COMMISSION 8 WHEREAS, the Community Development Commission ("Commission") desires to approve 9 and adopt the Economic Development Agency's Budget for those portions of certain Budget Lines 10 which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2010-2011. 11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 12 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 13 FOLLOWS: 14 i Section 1. The Commission hereby approves and adopts the Economic Development 15 16 Agency's Budget, as attached hereto, for those portions of Budget Lines 4011, 4012, 4200, 4500, 17 4801 4900, 4940, 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 18 6020, 6021, 6103, 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003, 7102, 7302, 7403, 19 8002, 8003 which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2010- 20 2011. 21 Section 2. The Commission hereby approves and authorizes for inclusion within the 22 23 Economic Development Agency's Budget for the Fiscal Year 2010-2011 any such additional 24 amendments, changes and/or modifications to said Budget as presented to the Commission on this 25 date and which are set forth either by interdelineation in said Budget or pursuant to a separate Staff 26 Report or other written document expressing and describing such amendments, changes or 27 modifications to said Budget, and as said Budget in the form, together with any such amendments, 28 changes or modifications, as herein approved and authorized by the Commission. �I� y� P:WgenduVtesolutbMs tolutiDMVOI0W -30-10 EDA Budget Adoption Uptown CDC Rc E.due tD_ .)7Z) 1 Section 3. This Resolution shall take effect upon the date of its adoption. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P Up \tesolutnmu ewlutiomV010%0630.10 MA Budge Adoption Uptown CDC Rcw E.d I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE M�} 2 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE 3 PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO THE UPTOWN REDEVELOPMENT PROJECT AREA FOR THE FISCAL 4 YEAR 2010-2011 WITH ANY SUCH AMENDMENTS, CHANGES AND MODIFICATIONS THAT MAY BE SPECIFICALLY AUTHORIZED BY 5 SAID COMMISSION 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 meeting 8 thereof, held on the day of 2010, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ — 11 DESJARDINS — 12 BRINKER — 13 SHORETT 14 KELLEY — 15 JOHNSON 16 MC CAMMACK 17 18 Secretary 19 The foregoing Resolution is hereby approved this day of 2010. 20 21 22 Patrick J. Moms, Chairperson Community Development Commission 23 of the City of San Bernardino 24 Approved as to Form: Z5 26 By: gency C sel 27 28 3 P:Ugendu l Uiow\Rmiutio=s Oi0 30 10 EDA Budget Adoption Upwu CDC Reno E.doc �f 1 RESOLUTION NO. C O i l 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE 4 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO 5 THE CENTRAL CITY PROJECTS REDEVELOPMENT PROJECT AREA 6 FOR THE FISCAL YEAR 2010-2011 WITH ANY SUCH AMENDMENTS, CHANGES AND MODIFICATIONS THAT MAY BE SPECIFICALLY 7 AUTHORIZED BY SAID COMMISSION 8 WHEREAS, the Community Development Commission ("Commission") desires to approve 9 and adopt the Economic Development Agency's Budget for those portions of certain Budget Lines 10 which are related to the Central City Projects Redevelopment Project Area for the Fiscal Year 2010- 11 2011. 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 13 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 14 FOLLOWS: 15 Section 1. The Commission hereby approves and adopts the Economic Development 16 Agency's Bud et 1 as attached hereto for those portions of Budget Lines 4012 4019 1 4200 1 4500, 17 4801, 4810, 4900, 4940 5010-5024 6104 6301-6306 6401 6402 6500 6600 7102 7302 7403 18 19 8003 which are related to the Central City Projects Redevelopment Project Area for the Fiscal Year 20 2010-2011. 21 Section 2. The Commission hereby approves and authorizes for inclusion within the 22 Economic Development Agency's Budget for the Fiscal Year 2010-2011 any such additional 23 amendments, changes and/or modifications to said Budget as presented to the Commission on this 24 date and which are set forth either by interdelineation in said Budget or pursuant to a separate Staff 25 Report or other written document expressing and describing such amendments, changes or 26 27 modifications to said Budget, and as said Budget in the form, together with any such amendments, 28 changes or modifications, as herein approved and authorized by the Commission. Na P:Ugend sV MlutumUt Wtmst 010 30.10 EDA Budget A&pWn Qntnl Cuy CDC Aero F. I Section 3. This Resolution shall take effect upon the date of its adoption. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P UgcnduVte Ntionsfe.uto.\010\0 3"O EDA Budget Adoption Ccnv City CDC Reg F.doc I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE 2 ECONOMIC DEVELOPMENT AGENCY'S BUDGET FOR THOSE 3 PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO THE CENTRAL CITY PROJECTS REDEVELOPMENT PROJECT AREA 4 FOR THE FISCAL YEAR 2010-2011 WITH ANY SUCH AMENDMENTS, CHANGES AND MODIFICATIONS THAT MAY BE SPECIFICALLY 5 AUTHORIZED BY SAID COMMISSION 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 meeting 8 thereof, held on the day of 2010,by the following vote to wit: 9 Commission Members: Ayes Na s Abstain Absent 10 MARQUEZ — 11 DESJARDINS 12 BRINKER _ 13 SHORETT — 14 KELLEY — Q15 JOHNSON — 16 MC CAMMACK 17 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of ,2010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 By: 027 Agenc�ytoiwsel 28 3 P.UgenduV ewWtionsaewlutbns\IDIO\0630.10 EDA Budget Adoption Central City CDC Raso F.don 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2010- 4 2011 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE 5 SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS 6 REDEVELOPMENT PROJECT AREAS FOR THE UNDERTAKING OF VARIOUS PUBLIC IMPROVEMENTS 7 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation 8 and a charter city duly created and existing pursuant to the Constitution and the laws of the State of 9 California; and 10 WHEREAS, the Community Development Commission of the City of San Bernardino (the 11 "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the 12 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of 13 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of 14 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of 15 California (the "Act"); and 16 WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of 17 the Mayor and Common Council of the City (the "Council'), pay all or a part of the cost of 18 installation and construction of any building, facility, structure or other improvement which is 19 publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the 20 Council determines: (1) that such buildings, facilities, structures or other improvements are o 21 primary benefit to the redevelopment project area or the immediate neighborhood in which the 22 project is located, regardless of whether such improvement is within another project area; (2) that no 23 other reasonable means of financing such buildings, facilities, structures or other improvements is 24 available to the community, and such determination by the Commission and the Council shall be 25 final and conclusive; (3) that the payment of funds for the cost of the facilities, structures or other 26 improvements will assist in the elimination of one (1) or more blighted conditions inside the project 27 area; (4) that the payment of funds for the cost of the buildings, facilities, structures or other 28 p.wgCn \RaoWtLoMS\RMIMiOo UOIO\o 3aIOMABn Sw eoq;on-wficim Fxprndil MCne Go — 1tl I improvements is consistent with the implementation plan adopted pursuant to Health and Safety 2 Code Section 33490; and (5) that the installation of each building, facility, structure, or 3 improvement is provided for in the redevelopment plan; and 4 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the 5 Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of installation 6 and construction of any building, facility, structure or other improvement which is publicly owned 7 within the boundaries or contiguous to a redevelopment project area if the Council determines: (1) 8 that the installation or construction of the buildings, facilities, structures or other improvements is of 9 benefit to the project area by helping to eliminate blight within the project area; (2) that no other 10 reasonable means of financing such buildings, facilities, structures, or other improvements that are 11 publicly owned, are available to the community and such determination by the Commission and the 12 Council shall be final and conclusive; and (3) that the payment of funds for the cost of such 13 facilities, structures or other improvements will assist in the elimination of one (1) or more blighted 14 conditions inside the project area; and 15 WHEREAS, the Council and the Commission have previously approved and adopted 16 Redevelopment Plans (collectively hereinafter referred to as the"Redevelopment Plans")for various 17 redevelopment project areas within the City, which project areas include: Uptown Project Area, Tri- 18 City Project Area, State College Project Area, Central City North Project Area, Southeast Industrial 19 Park Project Area,Northwest Project Area, and Central City Merged Project Area; and 20 WHEREAS, it is in the interests of the present landowners within the Central City North 21 project area subject to the Redevelopment Plans (the "Project Area") and the residents, both within 22 the Project Area and within the City generally, that the Agency cause the funding of certain 23 improvements consisting of: (1) the Agency payment of the COP debt service payment for the 24 Central Police Department building ($490,000) within the Project Area pursuant to Section 33445 of 25 the Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City 26 Project Area, Southeast Park Project Area and the Northwest Project Area; and (2) the Agency 27 payment of the Central Library Lease Revenue debt service payment ($690,000) for the Central 28 Library located within the Project Area pursuant to Section 33445 of the Act for the Uptown Project 2 P:\AgenduVR mlutians\Rmtutions\2010\Ob 3O IO FDA Budget Adoption.Public Imp.Erycodinne CDC Reso G.doc 1 Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park 2 Project Area and the Northwest Project Area; (collectively referred to herein as the "City Funded 3 Improvements"); and 4 WHEREAS, the Central Police Department Building and the Central Library are centrally 5 located facilities servicing residents, workers and business owners within all of the City's 6 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project 7 Area, the Uptown Project Area and the Southeast Industrial Park Project Area (collectively referred 8 to herein as the "Benefited Project Areas") by providing various City functions which are in 9 support of, and will have a positive economic and social impact on, various City, retail, business and 10 commercial functions; and 11 WHEREAS, each of the aforementioned Benefited Project Areas is in proximity or 12 contiguous to the Project Area, and the Project Area serves the commercial, retail, City services and 13 other community needs of each of the Benefited Project Areas as to those functions that cannot be 14 provided separately within each of the Benefited Project Areas; and 15 WHEREAS, the Project Area is suffering from stagnant property values and impaired 16 investments, and in order to promote the health, safety and welfare of the Project Area and the entire 17 City, it is important that the Agency fund the costs of the aforementioned City Funded 18 Improvements; and 19 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed 20 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally; and 21 WHEREAS, the Mayor and Common Council have consented to such use of Agency funds 22 by the adoption of Council Resolution No. 2010- on 2010 as part of the 23 2010-2011 City budget; and 24 WHEREAS, it therefore is appropriate at this time for the Commission to make certain 25 findings and determinations and take certain actions with respect to the Agency's funding of the 26 City Funded Improvements. 27 28 3 P.\AgendasViesolusionsVicsolutions\1010\0630.10 FDA Budgn Adopsion-Pub&Imp.E pcMiw,.CDC Aao G.d 1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by 5 this reference. 6 Section 2. The Commission hereby approves the payment by the Agency of the City 7 Funded Improvements in order to ensure the economic enhancements and stability of the Benefited 8 Project Areas and other neighborhoods within the City for the reasons set forth in the Recitals 9 hereinabove. The Commission also finds and determines pursuant to Section 33445 of the Act for 10 the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, 11 Southeast Park Project Area and the Northwest Project Area that no other reasonable means of 12 financing the City Funded Improvements is presently available to the Agency and the City and the 13 Agency requires the use of revenues generated from the Benefited Project Areas. The Commission 14 further finds pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to 15 Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park Project Area and the 16 Northwest Project Area that the funding of the City Funded Improvements will enhance the viability 17 in the Benefited Project Areas thereby eliminating existing blighted conditions in the Benefited 18 Project Areas, provide its residents, workers and businesses with necessary City services, and retail, 19 business, commercial and other community services from within the Project Area. 20 Section 3. The Agency Secretary is hereby authorized and directed to cause this 21 Resolution to be transmitted to the City for consideration in connection with appropriate action by 22 that body. 23 Section 4. The findings and determinations herein shall be final and conclusive. The 24 Resolution shall become effective immediately upon its adoption. 25 26 27 28 4 P Ngcndss\Resolutionsaesoluuons1019�30-10 EDA Budge Adoption-Public Imp Ecpenditure CDC Rem G dac I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE 2 FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2010- 3 2011 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE 4 SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS FOR THE UNDERTAKING OF 5 VARIOUS PUBLIC IMPROVEMENTS 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 meeting 8 thereof,held on the day of , 2010, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 Secretary 14 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 27 By. gency c7ouA41 28 P:NgaMuUm[Wions)R=Wt ionss 2010106-30-10 EDA Budget Adoption-Public Imp Expendii ne CDC Rcw 0.doc D 1 RESOLUTION NO. O 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING 4 AMENDMENTS TO EXHIBITS "A" AND "B", DELETION OF CERTAIN PAGES AND THE ADDITION OF OTHER PAGES TO EXHIBIT "C" OF 5 THE PERSONNEL POLICIES AND PROCEDURES FOR ALL 6 EMPLOYEES OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY 7 8 WHEREAS, on September 21, 1998, the Community Development Commission 9 ("Commission") adopted Resolution No. 5557 approving revised Economic Development Agency 10 of the City of San Bernardino Personnel Policies and Procedures for all employees of the City of 11 San Bernardino Economic Development Agency ("Agency") including Exhibits "A", "B" and "C'; 12 13 and 14 WHEREAS, on October 5, 1998, October 18, 1999, September 18, 2000, August 20, 2001, 15 October 15, 2001, December 16, 2002, February 22, 2005, .Tune 23, 2005, June 29, 2006, June 21, 16 2007, January 1, 2008 and August 17, 2009 the Commission approved amendments to the Agency's 17 Personnel Policies and Procedures; and 18 WHEREAS, the Commission now deems it desirable to amend Exhibits "A" and "B", delete 19 certain pages to Exhibit"C", and add other pages to Exhibit "C" to the Agency's Personnel Policies 20 and Procedures. 21 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 22 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 23 FOLLOWS: 24 Section 1. The Commission hereby approves and adopts Exhibits "A" (list of staff 25 positions) and "B" (salary chart July 1, 2010), as amended, to said Agency Personnel Policies and 26 Procedures. 27 Section 2. The Commission hereby deletes pages Exhibits "C-19" through "C-21" (job 28 description Senior Finance/Administrative Analyst); Exhibits "C-41" through"C-43" (job geldAs%enolutionsXResolutions\2010\0630.10 MA Budget Adoption Peosoruxl Policies FY1 MA 10 I 1 CDC Reno H doo 1 I description Construction Manager Specialist); Exhibits "C-93" through "C-95" (job description 2 Executive Assistant to Executive Director); and Exhibits "C-103" through "C-105" (job description 3 CATV Production Engineer) of said Personnel Policies and Procedures. 4 Section 3. The Commission hereby adds pages Exhibits "C-115" through "C-117" (job 5 description of Records Management Specialist); Exhibits "C-118" through "C-120" (job 6 descriptions Financial Analyst); Exhibits "C-121" through "C-123" (job description Business 7 Solutions Coordinator); Exhibits "C-124" through "C-126" (job description Administrative 8 Assistant); Exhibits "C-127' through "C-128" (job description Director of Marketing and Special 9 Events); and Exhibits "C-129" through "C-132" (job description Chief Financial Officer) of said 10 Personnel Policies and Procedures. 11 Section 4. The Commission hereby adds the additional classified positions Exhibits "C-15" 12 through "C-17" (job description Deputy Director); Exhibits "C-25" through "C-27" (job description 13 Project Manager); Exhibits "C-44" through "C-46" (job description Senior Accounting Technician); 14 and Exhibits "C-106' through "C-108" (job description CATV Production Technician). 15 Section 5. The Commission hereby edits Exhibit "C-90" through "C-92" (job description 16 Enterprise Zone Economic Development Manager); and Exhibit "C-8" through "C-10" (job 17 description Director of Administrative Services). 18 Section 6. This Resolution shall take effect upon the date of its adoption. 19 20 21 22 23 24 25 26 27 28 P:ASrndasUtesoluiwnsVt<solW..o 010ft-30.10 EDR B d,v/doPwn Pvw ]Policies F 0-11 CDC R.H d I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING 2 AMENDMENTS TO EXHIBITS "A" AND "B", DELETION OF CERTAIN 3 PAGES AND THE ADDITION OF OTHER PAGES TO EXHIBIT "C" OF THE PERSONNEL POLICIES AND PROCEDURES FOR ALL EMPLOYEES 4 OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY 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 meeting 8 thereof,held on the day of 2010,by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ DESJARDINS 11 BRINKER _ 12 SHORETT _ 13 KELLEY _ 14 JOHNSON _ 15 MC CAMMACK _ 16 17 - 18 Secretary 19 The foregoing Resolution is hereby approved this day of 2010. 20 21 Patrick J. Morris, Chairperson 22 Community Development Commission of the City of San Bernardino 23 Approved as to Form: 24 25 By — 26 Agency Cou 1 27 28 P:\AgcndasVtesolusionsUtcsolusions @010\0640-10 EDA Budge Adoption P rs and Pohcin FV 10.11 CDC Rao H doc QEXHIBIT "A" (AMENDED) CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY STAFF POSITIONS July 1,2010 FULL-TIME(40 FTE) 1. Economic Development Agency Management a. Executive Director b. Deputy Director-EDA C. Deputy Director—RDA d. Chief Financial Officer e. Director of Administrative Services f. Director of Housing and Community Development g. Director of Marketing and Special Events 2. Economic Development Agency Confidential a. Accounting Manager b. Financial Analyst (2 positions) C. Executive Secretary 3. Economic Development Agency Mid-Management a. Project Manager(7 positions) b. Marketing/Public Relations Manager C. Senior Urban Planner d. CATV/IEMG Broadcast Engineering Coordinator e. CATV/IEMG Production Coordinator 4. Economic Development Agency General a. Assistant Project Manager(2 positions) b. Senior Admin Analyst Real Estate Acquisition C. GIS/Graphic Analyst d. Administrative Analyst e. Business Solutions Coordinator f. Senior Accounting Technician(2 positions) g. Records Management Specialist h. CATV/IEMG Production Technician (3 positions) i. CATV/IEMG Production/Traffic Specialist j. Administrative Assistant k. Secretary(2 positions) 1. Operations Specialist II m. Administrative Clerk III t P lAgendu\Agenda A=hme \Ex bkS 010 30.10 EDA Budges Ad000n Perwnncl Po icia FY 10-11(EWbb A)does EXHIBIT "A" (AMENDED) CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY STAFF POSITIONS July 1, 2010 PUBLIC SERVICE TEMPORARY EMPLOYEES/PART TIME EMPLOYEES a. Receptionist b. CATV/IEMG Production/Programming Assistant (3 positions) C. CATV/IEMG Administrative Assistant d. Public Service Temporary Employees* * Public Service Temporary Employees — various positions as approved in accordance with funding authority and source, approved authorization to pay and pay rate, contract/term provisions, and approved budget authority (not to exceed annual approved budget allocation). Personnel policies: exhibit a 2 P:Ugendaa\Agenda A=hmenU\ExhibW @01010470.10 EDA Budgct Adoption Personnel Policies FY 10-11(Exhibit A).d. EXHIBIT"B" (REVISED) ECONOMIC DEVELOPMENT AGENCY CITY OF SAN BERNARDINO CLASSIFICATION RANGE AND SALARY SCHEDULE July 1, 2010 Class & Range# Position A B C D E F Full Time(40 FTE) Management M 4190 Executive Director-Under Contract 13,223 M4155 Deputy Director-EDA 8,740 9,177 9,636 10,118 10,623 11,155 M4150 Deputy Director-RDA 8,740 9,177 9,636 10,118 10,623 11,155 M4140 Chief Financial Officer 7,946 8,344 8,761 9,199 9,659 10,142 M 4130 Director of Administrative Services 7,946 8,344 8,761 9,199 9,659 10,142 M 4125 Director Housing/Community Dev 7,946 8,344 8,761 9,199 9,659 10,142 M 4120 Director of Marketing/Special Events 7,946 8,344 8,761 9,199 9,659 10,142 Confidential C 3200 Accounting Manager 5,916 6,212 6,522 6,848 7,190 7,550 C 3180 Financial Analyst(2) 5,113 5,369 5,637 5,919 6,215 6,526 C 3100 Executive Secretary 3,927 4,124 4,330 4,546 4,774 5,013 Mid-Management MM 285 Project Manager(7) 5,818 6,109 6,415 6,735 7,072 7,425 MM 280 Marketing/Public Relations Manager 5,818 6,109 6,415 6,735 7,072 7,425 MM 275 Sr Urban Planner 5,818 6,109 6,415 6,735 7,072 7,425 MM 105 CATV/IEMG Broadcast Eng Coord 4,407 4,627 4,859 5,102 5,357 5,625 MM 100 CAN/IEMG Production Coord 4,192 4,402 4,622 4,854 5,096 5,351 General G 1185 Assistant Project Manager(2) 5,289 5,554 5,832 6,123 6,429 6,751 G 1180 Sr Admin Analyst Real Estate Acq 4,870 5,113 5,369 5,637 5,919 6,215 G 1178 GIS/Graphic Analyst 4,821 5,062 5,315 5,581 5,860 6,153 G 1160 Administrative Analyst 3,832 4,023 4,225 4,436 4,658 4,891 G 1156 Business Solutions Coordinator 3,791 3,981 4,180 4,389 4,608 4,838 G 1155 Sr Accounting Technician (2) 3,637 3,819 4,010 4,211 4,421 4,642 G 1154 Records Management Specialist 3,637 3,819 4,010 4,211 4,421 4,642 G 1150 CATV/IEMG Production Technician (3) 3,109 3,264 3,427 3,598 3,778 3,967 G 1149 CAN/IEMG Program/Traffic Spec 2,957 3,105 3,260 3,423 3,594 3,774 G 1147 Administrative Assistant 2,954 3,102 3,257 3,420 3,591 3,770 G 1140 Secretary(2) 2,762 2,900 3,045 3,197 3,357 3,526 G 1144 Operations Specialist II 2,736 2,873 3,016 3,167 3,325 3,491 G 1143 Admin Clerk III 2,505 2,631 2,762 2,900 3,046 3,197 Public Service Temporary Emplovees/Part Time Amend range to$8.00-$21.00 per hour Hourly Receptionist 15.45 Hour Hourly CAN/IEMG Prod/Prog Assist(3) 8.20-9.20- 10.20- 11.20- 12.20 hour Hourly CAN/IEMG Admin Assist 17.04- 17.90- 18.79- 19.73-20.72 hour Hourly PSTE Public Service Temporary Employees PSTE hourly rate varies in accordance with approved M-Management and terms not to exceed total budget authority C-Confidential MM-Mid-management G-General P Age gs%ge AtlatlmeMSlEd MsMipD 10 EDA B MpM Adoption Pe 1 Pdiaes FY 1011 fE m M EXHIBIT"C—19" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Senior Financial/Administrative Analyst SUMMARY JOB DESCRIPTION: Under direction, performs a wide variety of highly responsible and complex technical and professional accounting, auditing, financial and administrative duties; monitors, verifies and reconciles loan collection activities and compliance; monitors contract and agreement compliance;prepares, monitors and verifies all payrolls and benefits, and prepares and maintains all related reports; administers personnel and human resource activities; monitors and verifies assessed property values and tax increment revenues for properties and developments with the redevelopment project areas; assists with investment policies and procedures, and budget and budget planning activities;assists in the preparation of redevelopment reports,various professional accounting functions,and Agency wide audits;and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Administer, review and report on all forms of redevelopment, community development, federal, and low- and moderate income housing contracts, notes and agreements, and make recommendations as to their implementation, compliance, financial payments and processing; review contracts, loans and agreements `O for compliance with Agency policies and procedures and other laws and guidelines. 3. Prepare correspondence as to compliance on contracts, loans and agreements; determine appropriate action benchmarks and indicate when financial payments are due; confer and coordinate with legal staff to take necessary action when indicated;prepare staff reports indicating course of action. 4. Maintain all activities related to the monitoring, maintaining and reconciliation of all loans receivable of the Agency; monitors payments received; issue monthly loan statements; monitor impound funds,prepare disbursements from and reports interest earnings on the impound funds;reconcile loan activities,payments and receivables; monitor and takes necessary action in loan delinquencies and foreclosures; interact with loan clients concerning their loan activities; prepare loan correspondence; prepare demand letters; prepare Agency reports on loan activities;review all loan documents for compliance prior to disbursement of funds; analyze loan program and activities and make recommendations and take action. 5. Prepare, monitor, report on and reconcile all payroll activities of the Agency; assist with payroll inquiries; issue W-2s; prepare all tax reports and payments; prepare all benefit reports and payments; analyze the payroll program, budgets and activities and make recommendations and take actions; act as human resources coordinator for benefits and other personnel issues; research salaries and benefits and make recommendations. 6. Provide information and technical assistance in matters relating to fund investment activities, financial conditions, and budget considerations in accordance with Agency policies and procedures, and accounting principles. 7. Assist in the preparation of Agency budgets and budget planning activities, including providing technical assistance to Agency personnel. 1 P:WgeMssWgeMs Atwzh nvlE ddWt$17010`9630.10 EDA Budget Adoption Pmmmnl Policies F 10.11 Sr.Fin Admin.A utlyst(Reno It.doc EXHIBIT"C—20" Economic Development Agency Senior Financial/Administrative Analyst(continued) 8. Assist with the maintenance of financial general ledger and subsidiary ledgers and journal entries in accordance with generally accepted accounting principles; assist in the preparation of monthly and annual financial reports; assist with the reconciliation of accounts. 9. Prepare tax increment revenue projections from assessed property values for each redevelopment project area; obtain valid projections of tax increment growth or reductions and identify irregularities in tax receipts and take necessary corrective actions; prepare related reports; monitor receipts and disbursements to various taxing entities,low-moderate housing fund,and to fiscal agents. 10. Maintain loan records and files, including all notes and deeds of trust for loans, contract, owner participation agreements and Agency owned properties;maintain and update financial reports of all Agency property. 11. Assist with professional accounting activities including bank reconciliation, accounts receivable and accounts payable, and general ledger;assist with year-end closing statements;assist with financial audit. 12. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in accounting, finance,business administration,public administration,or a closely related field. Five (5) years of progressive experience in a professional accounting environment, with governmental accounting highly desirable. Possession of a valid Class"C"California driver's license and the ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Accounting theory,principles and practices of governmental accounting. 2. The applications to a wide variety of accounting transactions and problems; principles of account classification. 3. Generally Accepted Accounting Principles. 4. Principles and practices of community development, low-and moderate income housing, redevelopment and other federal programs Hiles and regulations. 5. Principles of personnel administration,laws and regulations. 6. Principles of payroll administration and related requirements. 7. Principles and practices of office management,administration and budgeting. 8. Financial and governmental reporting requirements. 9. Principles of fund accounting and budget controls. 2 P:t geMas pg Attechme�\E as1301UW 31 10 EDA Budget Adoption P.e [Poacia P 10-11 S,.Pin.Mm Atulya(Rem io. EXHIBIT"C—21" Economic Development Agency Senior Financial/Administrative Analyst(continued) Ability to: 1. Understand and apply governmental accounting and budgeting. 2. Analyze and evaluate accounting problems and develop pertinent accounting and related data in the preparation of reports and statements. 3. Participate in the preparation of complex financial and accounting reports. 4. Classify fiscal documents and transactions. 5. Effectively manage human resources, including payroll and employee benefits, and file all related report in an accurate and timely manner. 6. Administer contracts for financial,fiscal and accounting policies and procedures. 7. Administer contracts for financial consideration and compliance with the terms. 8. Administer loan receivable programs for terms and conditions. 9. Independently perform the full range of responsible and difficult analytical and administrative work involving the use of independent judgment and personal initiative. 10. Interpret and apply administrative and Agency policies and procedures. 11. Communicate clearly and concisely both orally and written. 12. Establish and maintain working relationships. 13. Gather,organize and analyze information and arrive at sound judgments. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of the job,the employee is regularly required to: sit;talk and hear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Specific vision abilities required by this job include close vision and the ability to focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential function of the job. The employee works under typical office conditions, and the noise level is usually quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHIPS: The Senior Financial/Administrative Analyst position is a confidential position in the Economic Development Agency. Supervision is received from professional or supervisory personnel. Approved: Community Development Commission Date: 12-16-02 3 P:lAgeedaV4.W.At.tL slExhtbiu\2010W63LL10 EDA Budget Adoption Penottnel Politic FY 10.11 Sr.Fin Adam.Atulpt oteso lo,dot, EXHIBIT"C—41a City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Construction Management Specialist SUMMARY JOB DESCRIPTION: Under direction and general supervision from the Division Director, conducts field and office work related to the construction, rehabilitation and inspection of residential and commercial structures; reviews rehabilitation and construction plan specifications; develops bid documents for building acquisition, development and demolition; and prepares or reviews cost estimate analysis and make recommendations thereto. Supervises and monitors field inspection of all stages of construction, rehabilitation and repair of residential and commercial structures; and performs related duties as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Development of bid documents, request for qualifications or proposals; conduct pre-construction or rehabilitation conferences; prepare and/or review plans and specifications to comply with state, federal or local regulations,laws,policies,procedures or ordinances. 3. Supervision and direct inspection of residential, commercial or industrial construction at all stages of construction,rehabilitation and/or repair; ensure compliance with plans and specifications. 4. Review proposed plans and specifications for construction, rehabilitation and/or repair for valid cost estimates, necessary, useful and needed work, and compliance with codes and regulations; verify permits; verify work in progress; check workmanship and materials;verify safety standards. 5. Detect construction and management deficiencies and make recommendations for solutions or corrective actions. 6. Perform final inspection of completed work; receive and investigate complaints as to construction, rehabilitation or repair in conjunction with Agency projects and programs. 7. Coordinate with City planners, building and safety, engineers or other City staff members concerning Agency projects or activities; coordinate with and monitor outside contractors, architects, engineers or others concerning Agency activities,projects and programs. 8. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and, perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: Graduation from high school or GED equivalent. College level course work, or technical school training in urban planning,building codes,and inspection are highly desirable. Four(4)years of increasingly responsible housing and/or commercial construction inspection experience. 1 P:Wg.d.\Ap a Atiachme U\Eahtbk,\2010t06-3610 EDA Budget Adupinn Pen I Pelkim F 10-11 Cant.Mgmt.Spec.(Rao H).doc EXHIBIT"C—42" Economic Development Agency Construction Management Specialist (continued) Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Construction, rehabilitation and repair methods, procedures and materials applicable to building, plumbing,heating,air conditioning and electrical work. 2. General provisions of the Uniform Building Code. 3. Federal, state, and local codes, ordinances, and regulation applicable to residential, commercial and industrial building construction,rehabilitation and repair. 4. Principals of building inspection procedures and methods. Ability to: 1. Express ideas on technical subjects clearly and concisely,orally and in writing. 2. Proper use of grammar,spelling,punctuation and precise report writing. 3. Gather,organize and analyze information and arrive at sound conclusions. 4. Establish and maintain effective working relationships with those contacted in the course of work. 5. Read and comprehend plans, specifications and blueprints. 6. Determine and recognize problems with construction or rehabilitation projects and recommend corrective actions. 7. Calculate construction or rehabilitation cost estimates. 8. Write construction and/or rehabilitation job bidding requirements, solicit bids through direct contact and/or advertisements, and review and recommend bid awards or reject bids and resubmit the entire process. 9. Inspect and review construction or rehabilitation project progress, review contractor's invoices for payment, and write progress reports. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to use hands to finger,handle, or feel, or to operate tools or controls,and reach with hands and arms. The employee frequently is required to stand, talk and hear. The employee is frequently required to: walk,sit, climb,to balance,bend,grasp,stoop,kneel, crouch,twist,and/or crawl. The employee must frequently lift and/or move up to 50 pounds. Specific vision abilities required by the job include: close vision,distant vision, color vision,peripheral vision,depth perception,and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of the job. The employee regularly works outside in weather conditions. The employee frequently works near moving mechanical parts, is exposed to wet and/or humid conditions and vibration, and works in confined or high, precarious places. The employee is occasionally exposed to fumes or airborne particles,toxic or caustic chemicals,dust and soil,slippery and uneven surfaces,risk of electrical shock and moving traffic. The noise level in the work environment is frequently loud. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 2 P.V genErsl Pg AtlechnwmslExhibits(2010\0 3J I0 EDA Bu gn A p(jon pwm J Po0cim FY 10-11 Cum,Mgmt.Spec.(RM H).a EXHIBIT"C—43" Economic Development Agency Construction Management Specialist(continued) ORGANIZATIONAL RELATIONSHIPS: The Construction Management Specialist is a general position in the Economic Development Agency. Supervision is received from the Division Director or Project Manager or supervisory personnel I Approved: Community Development Commission Date: 10-18-99 3 P:Ape \Agenda AuvdmemclEehiblb1I010� IG EDA Budget Adoption Pmmmel Policio}Y 10.11 UW.Mlu.Spec.(Reno H).doc EXHIBIT "C-93" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Executive Assistant to Executive Director SUMMARY JOB DESCRIPTION: Under direction, performs a variety of professional, complex, responsible, highly sensitive and confidential office administration and executive support functions for the Executive Director, requiring independent judgment, knowledge and work habits; the work is characterized by involvement with broad issues and interactions with top executives and elected officials on complex and sensitive matters;and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to, the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Provide secretarial and administrative support to the Executive Director; using word processing software, with minimum instruction, composes and/or types memorandums, correspondence, agenda items, reports, agreements, presentations, forms and other documents often of a highly sensitive and confidential nature, may take and transcribe written material from shorthand or taped dictation; taking the initiate, proofreads and checks typed and other materials for accuracy, completeness and compliance with Agency standards, policies and procedures;ensures materials, reports and documents for signature are accurate and complete; responds independently to e-mail inquiries regarding a variety of Agency matters; relives the Executive Director of a variety of administrative details. 3. Maintain the Executive Director's calendar; coordinate, arrange, schedule and confirm meetings, appointments, conferences, hearings, community/intergovernmental events and all travel arrangements for the Executive Director; screen requests for appointments and delegate to other Agency staff when appropriate; ensure that the Executive Director's schedule flows smoothly and that meetings/appointments are timely; make necessary adjustments, postponements, cancellations, with appropriate response, when necessary; researches, prepares and submits travel expenses reports for the Executive Director in accordance with Agency policies and procedures. 4. Receive and screen visitors, appointments and telephone calls, providing information when necessary; conduct research and respond to requests for information from the general public, Agency and City staff and local, state and federal officials, some which may require sensitivity and sound independent judgment; refer certain issues to appropriate staff or take or recommend action to resolve issue; review,determine the priority of incoming mail for the Executive Director, and route to the appropriate staff member for action when necessary or respond directly when appropriate; follow-up on correspondence routed to staff members that action has been taken; review incoming Executive Director a-mails and prioritize, taking direct action when necessary and routing to the appropriate staff when necessary. 5. Act as a liaison in coordinating matters between the Executive Director and other City division directors and representatives of outside agencies; provide requested information and direction on routine matters; follow-up on various assignments at the direction of the Executive Director to ensure that needed action is taken. 6. Plan, organize and make arrangements for special events and meetings as directed; secure event locations and arrange set-up;take,transcribe and distribute meeting meetings as necessary. I PTV 6�ACends AmcM ntsl xbbns @010\06-30-10 EDA M,d Ad.M,..P...1 Pobcia rY 10-11 E..Az w m Ex.Din.(Rao H)&o EXHIBIT"C-94" Economic Development Agency Executive Assistant to Executive Director(continued) 7. Assist, when necessary, in accordance with established policies and procedures, the Community Development Commission and Redevelopment Committee agenda items to meet all deadlines, along with other meetings involving the Executive Director; attend meetings and conferences as directed; prepare agendas and take notes/minutes at various meeting as required. 8. Compose correspondence requiring use of judgment and independent thinking; respond to routine requests for information from Agency staff, the public, City employees and Commission Members in accordance with Agency policies and procedures;prepare appropriate responses for signature as necessary. 9. Schedule, supervise and evaluate the work of assigned administrative support staff; set priorities and deadlines for day-to-day clerical work flow. 10. Compile information for a variety of special narrative and statistical reports as required;do various research projects; code and classify data; create and produce various office forms; determine format for finished reports;provide routine, factual information concerning procedures,functions, and regulations; search files for information needed; and process purchase orders. 11. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and perform related duties or work as required. MINIMUM EXPERIENCE AND OUALIFICATIONS: Graduation from high school or a GED equivalent;an Associate's degree is highly desirable. Seven (7) years of increasingly responsible office administration and/or high-level secretarial experience, at least three (3) of which were at an executive assistant level and two (2) of which required supervision of subordinate personnel. Knowledge of, and extensive use of, computer word processing,presentation and spreadsheet software programs. Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Modem office practices, equipment and computer programs; office administration and management practices and procedures,including practices of file and document management. 2. Principles and practices of sound business communication; correct English usage, including spelling, grammar and punctuations. 3. Principles of supervision. 4. Basic terminology, work processes and local, state and federal requirements applicable to areas of assigned responsibility; basic functions of public agencies. 5. Advanced uses of work processing, graphics, spreadsheet, database and other software to create documents and materials requiring the interpretation and manipulation of data. 6. Basic principles and practices of public administration, including budgeting, purchasing and maintenance of public records. Ability to: 1. Analyze and resolve problems. 2. Adjust work assignments,procedures and priorities to expedite work flow. 3. Make recommendations and implement policies and procedures. 4. Maintain confidentiality of privileged information. 2 P;4 geMesl ge W Atsvhmen,s\ExhACS12010W&30-10 EDA Budge,Adoikm P..I Policies FY 10.11 Exec.Assist m Ea.Div.(Rvo FI).doe I EXHIBIT"C-95" Economic Development Agency - Executive Assistant to Executive Director(continued) 5. Manage multiple and rapidly changing priorities to meet the needs and expectations of the Executive Director,other elected and appointed City officials,City staff,business leaders and other in the course of work. 6. Establish and maintain highly effective working relationships with elected and appointed City officials, City and Agency staff, residents, businessmen, the media, the public and other encountered in the course of work. 7. Work independently with a minimum of instruction;organize,set priorities,take initiative and exercise sound judgment within areas of responsibility. 8. Gather, organize and analyze information and arrive at sound judgments; interpret, apply, explain and reach sound independent decisions in accordance with Agency regulations,policies and procedures. 9. Perform simple arithmetic calculations; type accurate at a speed necessary to meet the requirements of the position; operate a computer, word processing and spreadsheet software, and other standard office equipment. 10. Retrieve and give information over the telephone and in person in a respectful and courteous manner. 11. Communicate clearly and concisely both orally and in writing. 12. Understand and carry out oral and written instructions. 13. Compose correspondence, prepare documents, prepare accurate and concise records and reports; proofread and detect errors in typing, spelling,grammar and punctuation. 14. Perform difficult clerical and secretarial work with speed and accuracy. 15. Establish and maintain effective relationships with those contacted in the course of work; use a high degree of tact, diplomacy and discretion in dealing with sensitive and confidential situations, and concerned internal and external parties. 16. Supervise subordinate personnel in a professional,courteous manner. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to: sit; talk and hear, both in person and by telephone;use hands to finger,handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Employees may be required to lift up to 30 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions. The employee works under typical office conditions and the noise level is usually moderately quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHIPS: The Executive Assistant to the Executive Director is a confidential position in the Economic Development Agency. Direction and supervision is received from the Executive Director. Approved: Community Development Commission Date: _z P:UgcndasUgcnds AnrLmems�Exhibi1ss2010W630.I 0 EDA BudgO Adopx n Pers =I Patwks F Y I 0.11 Em.Assisi.b Ex.nu.(Rm iodoc EXHIBIT"C-103" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY CATV/IEMG Production Engineer SUMMARY JOB DESCRIPTION: Under general supervision, performs a wide variety of technical tasks related to the City's television channel production/playback equipment maintenance and operation; assists with planning,researching,designing,installing, documenting and maintaining communications-related equipment; responsible for performing with a significant degree of independence complex, high-quality television production programming and broadcasting duties; and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Perform a variety of production functions and operates cameras, audio equipment, teleprompters, videotapes,remote control cameras,or character generators;may perform director and linear and non-linear editor functions. 3. Perform a variety of master control duties, including performing playback operator functions, quality control and encoding of tapes,duplications and bulletin board entry and management. 4. Perform a variety of operations functions; track public access producers and public access equipment; create station identifications and promotions;create graphics for production use;maintain quality control of multiple channels; facilitate tape traffic flow; write software programs to increase work are efficiency; track videotape inventory and library;maintain and update web site. 5. Maintain production facilities and equipment; perform routine maintenance and repair duties; maintain inventory of parts and supplies required for equipment repair. 6. Perform a variety of engineering duties; set-up and breakdown studio and field equipment; provide engineering/technical support for all contract projects;provide engineering support for all contract projects; support for all division projects. 7. Research, evaluate and assist in obtaining and installing production and broadcast equipment; assist in obtaining bids from vendors; document engineering projects. 8. Provide staff training on new equipment and procedures;provide on-going technical staff support. 9. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: A Bachelor's Degree or equivalent from an accredited college or university with major coursework in television or radio production,video production engineering,or a related closely field. 1 P:U,cM Scn AwcM1mernAE.hibibll01 3W 10 EDA BWVt Adoption Pae I Policies r 161 1 CAW Pmd.Engi r(Rao lo.doc EXHIBIT"C-104° Economic Development Agency CATV/IEMG Production Engineer(continued) Two (2) years of increasingly responsible experience in television programming or productions, or an equivalent combination of training and experience. Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Television programming and production techniques,practices and equipment. 2. Design and preparation of computer-generated graphics and digital video effects. 3. Principles,techniques and methods of program and broadcast direction. 4. Correct English usage,including spelling,grammar and punctuation. 5. Standard industrial-quality television equipment and cameras necessary for broadcasting, and methods of operation. 6. Video tape editing techniques including single and multi-source recording. 7. Character generation and multimedia applications. 8. Audio engineering techniques. Ability to: 1. Analyze and resolve problems. 2. Adjust work assignments,procedures and priorities to expedite work flow. 3. Operate,monitor and adjust television cameras,lighting controls,and audio and video systems. 4. Edit tapes and use related equipment. 5. Maintain appropriate records and files. 6. Exercise sound independent judgment within guidelines. 7. Communicate clearly and concisely both orally and in writing; understand and carry out oral and written instructions. 8. Work effectively under pressure and within time constraints. 9. Follow established safety policies and procedures in the use of product and control-related equipment. 10. Gather,organize and analyze information and arrive at sound judgments. 11. Establish and maintain effective relationships with those contacted in the course of work. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to: sit; talk and hear, both in person and by telephone; use hands to finger, handle and feel computers, standard business equipment and production equipment;and reach with hands and arms. The employee is frequently required to stand and walk.Employees may be required to climb or balance, stop,kneel, crouch or crawl and to lift or move up to 80 pounds. The position may be required to work fluctuating hours,including weekends and holidays,and may require after-hours on-call response in emergency situations. Specific vision abilities required by this job include close vision and the ability to adjust focus. 2 P:UgendssUgcMs AnachmenulExNbds1r0 10W6J3 -I O EDA Budget Adapron Pemnrcl Policic F 10-11 CAW Pmd.Eugimx(Belo H).doc EXHIBIT"C-105" Economic Development Agency CATV/IEMG Production Engineer(continued) The work environment characteristics described here are representative of those an employee encounters while performing the essential functions. The employee works under typical office conditions and field environment and is exposed to noises, vibrations, odors and dust. The employee may be required to work in outside conditions, exposed to wet or humid conditions,where the noise level may be loud,and work at heights on ladders. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHIPS: The CATV/IEMG Production Engineer is a general position in the Economic Development Agency. Supervision is received from a Project Manager,Division Director or supervisory personnel. Approved: Community Development Commission Date: 3 P:�geMsslAgen Ankh 1Eahi.U.\201�30-IB EDA BW,d Adopbn Pae .I P-kc r 10.1 I CAW Pmd.Engi (Rao ff), o EXHIBIT"C—115" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Records Management Specialist SUMMARY JOB DESCRIPTION: Under general supervision, performs a variety of highly responsible records management duties involving centralized records in the Economic Development Agency("Agency"), responds to request for documents from the general public and Agency staff; performs a variety of secretarial, clerical and administrative assignments requiring independent judgment,knowledge and work habits;and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Create, maintain and scan vital centralized record in accordance with Agency policies and the record retention schedule, assuring accessibility to meet Agency and public information requirements and administering record destruction as set forth by law and the Agency's record retention schedule. 3. Maintain centralized Agency records in accordance with the Agency's policies and all legal requirements; maintain and implement coding and indexing structures and apply appropriate indexing criteria to documents; recommend additions and/or revisions to established file categories and indexing structures; maintain and update record inventories and databases. 4. Maintain and update the Agency's record retention schedule to ensure compliance with all legal retention schedule and destruction guidelines. 5. Receive and respond to requests for records under the Public Records Act; conduct research and locate documents and records as necessary; obtain advice from the Agency's Counsel regarding record to be released;receive,research and respond to requests for information from Agency officials and staff. 6. Operate document imaging equipment to scan, index and store Agency records on electronic media; prepare documents for scanning; review scanned images to ensure quality standards are met; troubleshoot and resolve imaging software problems or consult with Agency staff or vendors; ensure secure storage and safeguarding of digital and paper records and documents; perform and ensure quality control in document imaging process. 7. Evaluate and develop recommendations for enhancements to the Agency's records management programs, systems and procedures. 8. Provide a wide range of secretarial, clerical and administrative support to all Agency staff as necessary; provide clerical support for contracts, agreements, proposals, legal documents, resolutions, or any other document produced by Agency staff, consultants or legal counsel. 9. Set priorities and deadlines for day-to-day work flow for clerical support; compose correspondence requiring use of judgment and independent thinking. 1 P:UgendasUgct AOachmesnsl 'bits 2 IOW&30 IO EDA aWgn Adoption Petsonml Poacks P 10.1 I R«o s Mgm.Spec.(am H).doc EXHIBIT"C-116" Economic Development Agency Records Management Specialist(continued) 10. Perform work related to Community Development Commission and/or Redevelopment Committee agenda items, photocopying, meetings, minutes, and the maintenance of records; monitor and obtain original signatures on any such documents as necessary. 11. Compile information for a variety of special narrative and/or statistical reports as required; do various research projects; code and classify data; create and produce various office forms; and determine format for finished reports. 12. Organize and coordinate arrangements for meeting and other special meetings, including location, schedule, agenda and attendance; attend meetings and take accurate notes and/or shorthand and transcribe into minutes as necessary. 13. Screen telephone call; ascertain nature of calls and determine appropriate action; refer call to the appropriate staff member; screen counter contacts and refer to proper staff'member; take clear and accurate messages. 14. Set priorities for, train and review standard clerical techniques involving classifying, processing and retrieving and controlling large volume of records; file as necessary. 15. Assist with front desk reception duties as necessary; work front reception desk during lunch, breaks, vacations, or absences and/or any other time when staff member is away from front desk on Agency business. 16. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and, perform related duties or work as required. MINUMUM EXPERIENCE AND QUALIFICATIONS: Graduation from high school or GED equivalent; coursework in records management, and/or designation of a Certified Records Management Professional or Manager is desirable. Four(4)years of progressively responsible experience in an office environment in developing and maintaining filing and records systems, preferably involving the operation of computer-based document management systems. Thorough knowledge and extensive use of computer word processing and spreadsheet programs. Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Principles,practices,methods and techniques of document and records management programs. 2. Public Records Act and other local, state and federal laws relating to the maintenance, retention and release of a wide variety of documents. 3. Procedures,techniques and methods of document preservation. 4. Computer and database structures and programs applicable to records management programs. 5. Document storage and retrieval technologies,their uses and capabilities. 6. Standard office practices,procedures and equipment. 2 P:WScndasV 9 .Attachments(Eslubitc12010\0630.10 EDA eWpt Adopwn Pcros l Policies FY 10.11 Raords Mgm Spa.(Recd H).doc EXHIBIT"C—117" Economic Development Agency Records Management Specialist(continued) Ability to: 1. Analyze and resolve problems. 2. Adjust work assignments,procedures and priorities to expedite work flow. 3. Make recommendations and implement policies and procedures. 4. Maintain confidentiality of privileged information. 5. Work independently with a minimum of instruction. 6. Retrieve and give information over the telephone and counter in a respectful and courteous manner. 7. Understand and communicate clearly and concisely both orally and written. 8. Develop and administer a centralized records management program to meet all applicable laws and regulations regarding the maintenance of public records. 9. Operate a personal computer with standard business software, including word processing, spreadsheet and database applications,telephone systems and other standard office equipment. 10. Operate document imaging and software accurately and efficiently to create and retrieve Agency records stored on electronic media. 11. Evaluate Public Records Act requests and provide copies or relevant records in accordance with legal requirements and the Agency's interests. 12. Classify, index, process, file and retrieve a wide variety of materials under a comprehensive records management system. 13. Proofread and detect errors in typing,spelling,grammar and punctuation. 14. Perform clerical and secretarial work with speed and accuracy. 15. Establish and maintain effective relationships with those contacted in the course of work. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions. While performing the duties of this job, employees are regularly required to: sit, stand and walk; talk and hear, both in person and by telephone; hear and differentiate equipment operating sounds; use hands repetitively to finger,handle and feel computers,document imaging and other standard office equipment; and reach with arms and hands. Employees are frequently required to lift up to 50 pounds. Specific vision abilities for this job involve close vision, use of both eyes, ability to distinguish basic colors or shades,depth perception and the ability to focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions. Employees work under typical office conditions and the noise level is usually moderately quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ORGANIZATIONAL RELATIONSHIPS: The Records Management Specialist is a general position in the Economic Development Agency. Supervision is received from the professional or supervisory personnel. Approved: Community Development Commission Date: 3 P:UgeMUUgeMa AnacM1mnuslExlubi1s13010W610.10 EDA BWgct Adopwn PersonMl Politics FY 10.11 Records Mg".Spa.(Reed H).da EXHIBIT"C—11 S° QCity of San Bernardino ECONOMIC DEVELOPMENT AGENCY Financial Analyst SUMMARY JOB DESCRIPTION: Under direction, performs a wide variety of highly responsible and complex technical and professional accounting, auditing, financial and administrative duties; monitors, verifies and reconciles loan collection activities and compliance; monitors contract and agreement compliance;prepares,monitors and verifies all payrolls and benefits, and prepares and maintains all related reports; administers personnel and human resource activities; monitors and verifies assessed property values and tax increment revenues for properties and developments with the redevelopment project areas; assists with investment policies and procedures, and budget and budget planning activities;assists in the preparation of redevelopment reports,various professional accounting functions,and Agency wide audits;and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Administer, review and report on all forms of redevelopment, community development, federal, and low- and moderate income housing contracts, notes and agreements, and make recommendations as to their implementation, compliance, financial payments and processing; review contracts, loans and agreements for compliance with Agency policies and procedures and other laws and guidelines. 3. Prepare correspondence as to compliance on contracts,loans and agreements; determine appropriate action benchmarks and indicate when financial payments are due;prepare staff reports indicating course of action. 4. Maintain all activities related to the monitoring, maintaining and reconciliation of all loans receivable of the Agency; monitors payments received; issue monthly loan statements; monitor impound funds,prepare disbursements from and reports interest earnings on the impound funds; reconcile loan activities,payments and receivables; monitor and takes necessary action in loan delinquencies and foreclosures; interact with loan clients concerning their loan activities; prepare loan correspondence; prepare demand letters;prepare Agency reports on loan activities;review all loan documents for compliance prior to disbursement of funds; analyze loan program and activities and make recommendations and take action. 5. Prepare, monitor,report on and reconcile all payroll activities of the Agency; assist with payroll inquiries; issue W-2s; prepare all tax reports and payments; prepare all benefit reports and payments; analyze the payroll program, budgets and activities and make recommendations and take actions; act as human resources coordinator for benefits and other personnel issues; research salaries and benefits and make recommendations. 6. Provide information and technical assistance in matters relating to fund investment activities, financial conditions,and budget considerations in accordance with Agency policies and procedures, and accounting principles. 7. Assist in the preparation of Agency budgets and budget planning activities, including providing technical assistance to Agency personnel. l Y:UgeMaatAgeMa Amchmeots�xhibitsU01006d0.10 EDA Budget Adoption Persovul Policies FY 10.11 flvocial Aiulyei(Rcso F).doc EXHIBIT"C—119" Economic Development Agency Financial Analyst(continued) 8. Assist with the maintenance of financial general ledger and subsidiary ledgers and journal entries in accordance with generally accepted accounting principles; assist in the preparation of monthly and annual financial reports; assist with the reconciliation of accounts. 9. Prepare tax increment revenue projections from assessed property values for each redevelopment project area; obtain valid projections of tax increment growth or reductions and identify irregularities in tax receipts and take necessary corrective actions; prepare related reports; monitor receipts and disbursements to various taxing entities,low-moderate housing fund,and to fiscal agents. 10. Maintain loan records and files, including all notes and deeds of trust for loans, contract, owner participation agreements and Agency owned properties;maintain and update financial reports of all Agency property. 11. Assist with professional accounting activities including bank reconciliation, accounts receivable and accounts payable,and general ledger;assist with year-end closing statements;assist with financial audit. 12. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and perform related duties or work as required. MINIMUM EXPERIENCE AND OUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in accounting, finance,business administration,public administration,or a closely related field. Five (5) years of progressive experience in a professional accounting environment, with governmental accounting highly desirable. Possession of a valid Class"C"California driver's license and the ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Accounting theory,principles and practices of governmental accounting. 2. The applications to a wide variety of accounting transactions and problems; principles of account classification. 3. Generally Accepted Accounting Principles. 4. Principles and practices of community development, low-and moderate income housing, redevelopment and other federal programs rules and regulations. 5. Principles of personnel administration,laws and regulations. 6. Principles of payroll administration and related requirements. 7. Principles and practices of office management, administration and budgeting. 8. Financial and governmental reporting requirements. 9. Principles of fund accounting and budget controls. 2 P:Ugenda\hgeM Anachmmn4'EaL,bns13010W 30-10 EDA Budgtt Adoption Pco omcl Policies F 10.11 Fiiurcisl Anti at(Novo fo.doc EXHIBIT"C—120" Economic Development Agency Financial Analyst(continued) Ability to: I. Understand and apply governmental accounting and budgeting. 2. Analyze and evaluate accounting problems and develop pertinent accounting and related data in the preparation of reports and statements. 3. Participate in the preparation of complex financial and accounting reports. 4. Classify fiscal documents and transactions. 5. Effectively manage human resources, including payroll and employee benefits, and file all related report in an accurate and timely manner. 6. Administer contracts for financial,fiscal and accounting policies and procedures. 7. Administer contracts for financial consideration and compliance with the terms. 8. Administer loan receivable programs for terms and conditions. 9. Independently perform the full range of responsible and difficult analytical and administrative work involving the use of independent judgment and personal initiative. 10. Interpret and apply administrative and Agency policies and procedures. 11. Communicate clearly and concisely both orally and written. 12. Establish and maintain working relationships. 13. Gather,organize and analyze information and arrive at sound judgments. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While perforating the duties of the job,the employee is regularly required to:sit;talk and bear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Specific vision abilities required by this job include close vision and the ability to focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential function of the job. The employee works under typical office conditions, and the noise level is usually quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHIPS: The Financial Analyst position is a confidential position in the Economic Development Agency. Supervision is received from Chief Financial Officer,Senior Accountant and/or Deputy Director. Approved: Community Development Commission Date: 3 P:Ngend \Agen&Alta m=wSExlubdst1010\043P10 F D A Budget Adoption Personnel Policies F Y I 011 FLuncisl Anslyst(aeso Fo.doc EXHIBIT"C-121" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Business Solutions Coordinator SUMMARY JOB DESCRIPTION: Under general direction,plan, organize,develop,and coordinate conferences, workshops, seminars, trade shows and special events on behalf of the Economic Development Agency Office of Business Development for the purpose of promoting local businesses and the City as a whole. Performs a wide array of complex, diverse, administrative and executive support services to the department executive staff. Professional management support work assignments ranging from routine to moderately difficult or assist others in performing more difficult work in support of department functions, programs, goals and objectives. Performs a variety of professional functions as related to economic development, revitalization, marketing, business retention, business attraction, and business support activities. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Plan,organize and direct conferences,workshops,seminars, trade shows and special events in coordination with economic development staff. 3. Assist in the preparation and development of objectives,priorities,schedules and budgets of all such activities,projects or programs. 4. Establish and maintain contacts with community organizations and locate businesses to maximize exposure of the city's diverse business community. 5. Research and development contacts and resources for the provision of workshops and seminars to the benefit of the business community. Coordinate with other business groups,organizations and associations that may support or need access to the Office of Business Development and its facilities. 6. Maintain a cooperative calendar that encompasses both the Office of Business Development's Business Solutions and trade shows and other marketing activities.Coordinate with clerical staff for the use of rooms and facilities. 7. Coordinate trade show activities and communications with facilities and vendors,including transportation of booth and supplies,contracts with trade show venues and staff travel arrangements. 8. Assist with the preparation and evaluation of scope of service documents,requests for qualifications or proposals,bid proposals,contracts and agreements with sub-recipients,contractors,developers or consultants. 9. Assist with marketing,business attraction,business retention,business support,revitalization,economic development activities,projects and programs;motivate staff in developing and implementing such programs and projects. 10. Assist in the creation and interface with vendors for marketing materials,brochures,banners and other materials that are necessary for the marketing of the Agency and the City in the office and at trade shows. P.\Ag-M..A{.M.Atb.h.m U\E bft\2010\0430.10 EDA Bud{et Adoption P.rt.m.J Polkkt H 10.116u,I..Sol ..C M.JR..N).d. EXHIBIT"C-122" Economic Development Agency Business Solutions Coordinator(continued) 11. Provide technical support in the creation of administrative paperwork,costs logs and other administrative tracking mechanisms.Work with the Finance Division for purchasing compliance and the payment on invoices on the behalf of the Agency,as directed. 12. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and,perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: Graduation from high school or G.E.D. equivalent;and two years of increasingly responsible office administrative or secretarial experience,at least one of which was at an executive assistant level;or an equivalent combination of training and experience. Two years of experience in any of the following areas: marketing,public relations,economic development,planning conferences,seminars,trade shows and special events or closely related field. Possession of a valid Class"C"California Driver's License. For out of State applicants,a valid driver's license is required. A valid Class"C"California Driver's license must be obtained within the(10)days of appointment(CA Vehicle Code 12405c). GENERAL QUALIFICATIONS: J Knowledge of- 1. Modem office methods and procedures relating to activities requiring research,analysis and resolution. 2. Policies and procedures necessary for arts and cultural activities. 3. Plan organizes and directs conferences,seminars,trade shows and special events. Ability to: 1. Implement policies and procedures and make recommendations for change or corrective action. 2. Express ideas on technical subjects clearly and concisely,orally and in writing. 3. Proper use of grammar,spelling,punctuation,and precise report writing. 4. Gather,research,organize and analyze information and arrive at sound conclusions. 5. Establish and maintain effective working relationships with those contacted in the course of work. 6. Plan and execute all aspects of trade show and convention activities. 7. Coordinate travel arrangements with staff and Community Development Commission. g. Ability to maintain contacts with local business to maximize exposure of the city's diverse business community. 9. See in the normal visual range with or without correction. 10. Hear in the normal audio range with or without correction. 11. Exhibit normal range of body motion. ORGANIZATIONAL RELATIONSHIPS: The Business Solutions Coordinator position is a general position in the Economic Development Agency assigned to the Office of Business Development. Supervision is received from the Manager of the Office of Business Development and/or the Deputy Director. P:\Agendastggenda Attachmen1s\UhHfts\3010\0530-10 EDA Budget Adoption Personnel Polkks FY 10-11 Business Solutions C rd.(Beso H)Ad EXHIBIT"C-123" Economic Development Agency Business Solutions Coordinator(continued) Approved: Community Development Commission Date: a P:\Agend-\Agenda Albcbmenu\E ibSS\2010\0630-10 EOA BWget A&pt ftMp (pp SFY 10-11 Bwiness SoMions C rd.(Base H).doc EXHIBIT"C-124" Q City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Administrative Assistant SUMMARY JOB DESCRIPTION: Under general supervision,performs professional management support work assignments ranging from routine to moderately difficult or assist others in performing more difficult work in support of department functions,programs, goals and objectives.As experience is gained,more difficult duties are assigned and performed with greater independence.Incumbents are expected to exercise judgment in making sound,fact-based recommendations based on office needs. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Type, format,proofread, and produce final copy of a wide variety of reports, letters,memoranda, spreadsheets, lists, and statistical charts; type from rough draft, verbal instructions, or transcribing machine recordings; review drafts for punctuation, spelling,grammar;make or suggest corrections to drafts; arrange for or distribute copies of materials; assemble and prepare materials for mailing. Verify and review forms and reports for completeness and conformance with Agency policies, procedures, services and operations; type, file, record, compute and maintain information; compose correspondence requiring use of judgment based upon a thorough understanding of the functions and procedures of the Agency, for review by a supervisor; compile and type agendas and staff reports;data base entry(IDIS). 3. Plan, organize and carry out administrative assignments; research, compile and organize information. File material into the filing system; initiate and maintain files and records; imaging of documents,files and records; `..+ maintain ledgers; initiate purchase order requests. 4. Compile information for a variety of regularly scheduled and special narrative and statistical reports, locating sources of information,coding and classifying data,devising forms,and determining proper format for finished reports. 5. Make photocopies of various materials; file materials as necessary; purge files and shred documents as necessary;collate and bind information into reports. 6. Operate a variety of office equipment,such as a computer,calculator,transcription,copier and other specialized office equipment; organize and coordinate arrangements for Agency and other special meetings; maintain calendars and scheduling of appointments, meetings, room use, equipment use and events; make travel. arrangements. 7. City employees and Commission Chairperson and Members for taking and responding to telephone calls and over-the-counter contacts; screen all inquiries,take messages, schedule appointments as necessary, and answer questions that may require minimal research; ascertain nature of all inquiries (telephone and counter) and determine appropriate action; make judgment decisions as to when and where to refer business calls to the proper staff member; take clear and accurate messages; receive, open, date stamp and distribute incoming Agency mail and process outgoing mail; arrange all special mail delivery in priority order and distribute to the appropriate staff member; notify appropriate Agency staff immediately of priority mail receive; receive faxes and distribute to the appropriate staff member;send faxes as required. 8. Maintains database for retention and recruitment activities. 9. Supports trade show and office functions related to economic development activities. P:\AeendaeWenda Attachment\Exhibit\2010\0630-10 EOA B.dpt Ad.,tbn Personnel Polk..%10-11 Admin Asst(Ras.H)Ad EXHIBIT"C-125" Q Economic Development Agency Administrative Assistant(continued) 10. Supports design and printing of marketing brochures and information and other materials as needed. 11. Routinely adhere to and maintain a positive attitude towards City and Agency goals;and,perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: Graduation from high school or GED equivalent. Two(2)years of intermediate level clerical experience. Typing speed of 50 words per minute. Possession of a valid Class"C"California driver's license and the ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of- 1. Modem office practices,equipment and computer programs. 2. Basic mathematics. 3. Advanced record keeping methods. 4. Basic public relations techniques and telephone etiquette. 5. Correct English usage including spelling,grammar and punctuation. 6. Preparation of business correspondence and reports. 7. Principles and practices of filing and standard office equipment operation. v 8. Advanced word processing methods,spreadsheets and basic database applications. Ability to: 1. Communicate clearly and concisely both orally and written. 2. Receive and give information over the telephone and counter in a respectful and courteous manner. 3. Adjust work assignments,procedures and priorities to expedite work flow; handle multiple priorities. 4. Perform simple arithmetic calculations;work with cash payments. 5. Proofread and detect errors in typing,spelling,grammar,and punctuation. 6. Establish and maintain filing system;maintain accurate records. 7. Perform clerical work with speed and accuracy. 8. Understand and carry out oral and written instructions. 9. Establish and maintain effective relationships with those contacted in the course of work. 10. Compose correspondence. 11. Read,understand and apply moderately difficult materials. 12. Work with considerable independence, develop solutions to problems which do not require deviation from policy and procedures. P mdav�gyenda Atl.lhm.nta\Eah.bna\2010\063010 EDA Ud,t Adoption Personnel PoIkma FY 10.11 Admin Aan(Rno H).d. EXHIBIT"C-126" Economic Development Agency Administrative Assistant(continued) PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job,employees are regularly required to: sit, stand and walk; talk and hear,both in person and by telephone; hear and differentiate equipment operating sounds; use hand repetitively to finger, handle and feel computers and other standard office equipment; and reach with arms and hands. Employees are frequently required to lift up to 50 pounds. Specific vision abilities for this job involve close vision, use of both eyes, abilities to distinguish basic colors or shades,depth perception and the ability to focus. The work environment characteristics described here are representative of this an employee encounters while perforating the essential functions. Employees work under typical office conditions and the noise level is usually moderately quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions ORGANIZATIONAL RELATIONSHIPS: The Administrative Assistant is a general position in the Economic Development Agency assigned to the Office of Business Development. Supervision is received from professional or supervisory personnel Approved: Community Development Commission Date: 0 v�Awd.\Awde Attachments\Eahibh\2010\063610 ESA bud{et Adootbn Personmi GalkW"II11 AdminA (O HiA EXHIBIT"C-127" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Director of Marketing and Special Events SUMMARY JOB DESCRIPTION: Under direction, coordinates marketing strategies and public relations activities, and supervises Agency owned venues and venue staff of the Economic Development Agency; acts as public relations manager; and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Coordinate, develop, and implement, in accordance with established policies and procedures, various marketing strategies aimed at community awareness of the City's and Agency's goals and objectives; develop and coordinate marketing strategies for the Agency's venues and events associated with those venues. Coordinate with venue staff in the preparation of these strategies. 3. Direct the preparation of press releases and other material for media publication designed to increase public awareness; develop, oversee, and produce marketing brochures for promotion of Agency's venues projects and programs. 4. Liaison between the hospitality community and the City and Agency on a variety of marketing projects; svestigate BIDS and other available mechanisms to allow for the self-promotion of the City's hospitality businesses. 5. Compile information for a variety of special narrative and statistical marketing reports as required; do various research projects;coordinate and prepare various reports,letters,and notices as required. 6. Direct staff in the development and preparation of requests for qualifications and bids for various marketing methods, including, but not limited to, advertisements, brochures, and consultants; prepare Commission agenda items,resolutions,purchase orders and related documents as necessary. 7. Assist in coordinating various projects and programs to further the goals of the City and Agency; develop timetables, control procedures and related follow-up strategies; represent the City and the Agency and speak before community organizations in order to enlist their aid and assistance in community projects as directed by the Executive Director or Deputy Director. 8. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and perform related duties as required. MINIMUM EXPERIENCE AND OUALIFICATIONS: A Bachelor's degree or equivalent from an accredited university or college with major course work in marketing, joumalism,public or business administration or a closely related field. Five(5)years of responsible experience in the field of marketing,public relations,public or business administration preferably in a governmental organization.Two(2)years of direct supervision of subordinate personnel. Possession of a valid Class"C"California driver's license. 1 P:U,cM g,M Amch..n TalAbhs12010W630.i0 EDA B.,m Adop1m Pcm.1 Poki.S P1'10-11 DuW.. MWS W Sp imt fl ems(Rao H)A" EXHIBIT"C-128" Economic Development Agency Marketing/Public Relations Manager(continued) GENERAL QUALIFICATIONS: Knowledge of: 1. Effective marketing strategies for governmental entities. 2. Organization and structure of City governments. 3. Modem principles and practices of public administration. 4. Basic statistical and administrative research methods. 5. Modem principles and practices of public relations;basic principles of public speaking. 6. Modem office practices,equipment and computer programs; Ability to: 1. Analyze and resolve problems. 2. Coordinate complex marketing effort of the Agency and City. 3. Promote and supervise the Agency owned venues and promotional events and activities. 4. Prepare news releases and develop material for newsletters and professional publications. 5. Adjust work assignments,procedures and priorities to expedite work flow. 6. Make recommendations and implement policies and procedures. 7. Maintain confidentiality of privileged information. 8. Prepare written and oral reports;communicate clearly and concisely both orally and in writing. 9. Work independently with a minimum of direction. 10. Gather,organize and analyze information and arrive at sound judgments. 11. Understand and carry-out oral and written instructions. 12. Establish and maintain effective relationships with those contacted in the course of work. 13. Supervise subordinate personnel in a professional,courteous manner; PHYSICAL DEMANDS AND WORK ENVIRONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While perforating the duties of this job, the employee is regularly required to: sit; talk and hear,both in person and by telephone;use hands to finger,handle and feel computers and standard business equipment;and reach with hands and arms. The employee is frequently required to stand and walk. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. The employee works under typical office conditions, and the noise level is usually quiet. The employee may be occasionally required to work nights, weekends or holiday. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHIPS: The Director of Marketing and Special Events is a management position in the Economic Development Agency under the direction of the Executive Director or Deputy Director. Supervision is exercised over Marketing and Special Event professional staff. Approved: Community Development Commission Date: 2 P:IApe sV ge Wa AnachmemslFa hs12010s &30.10 EDA Bucger Adoption Persomcl Politics FY 10-11 fi a for of Mk1'g uid Spociel EvcnU onx H).doe EXHIBIT"C—129" ® City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Chief Financial Officer SUMMARY JOB DESCRIPTION: Under direction of the Executive Director, staff assistance to the Executive Director. Directs, supervises and performs a variety of professional-level municipal accounting and financial functions, and other general administrative or operational activities. Plans, organizes, and administers a comprehensive financial program, including maintaining financial records in accordance with generally accepted accounting principals and in accordance with State and Federal guidelines; proper financial reporting; maintains budgetary controls; auditing; research activities and interpretations; operational and/or organizational analysis; fiscal and quantitative analysis; researches and advises Executive Director on investment activities and strategies; development and implementation of policies, programs, organization and work procedures; supervises finance staff; and performs related duties as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Plan,manage and coordinate the goals, activities and objectives of the Finance Division consistent with the goals of the City and the Economic Development Agency; design and implement Division policies and procedures necessary to provide Division services and further the Agency's and Division's goals. 3. Manage and supervise staff in the monitoring and reporting of all municipal bond financing or other financial transactions, including tax allocation bonds, single and multi-family mortgage revenue bonds, certificates of participation, taxable and bonds and borrowings from conventional lenders. Assist with bond issuance. 4. Manage,organize, supervise and direct all accounting and financial functions along with the preparation of all appropriate reports to the Community Development Commission, the State, the County, the Federal Goverment, or any other studies or reports as required relating to housing,economic development, and/or redevelopment activities; analyze reports and studies and prepare recommendations for implementing necessary actions or programs in response. 5. Supervise and direct all accounting and compliance functions in conjunction with the Low- and Moderate- Income Housing Fund, the Community Development Block Grant Fund, Redevelopment Project Area Funds,the Main Street Program,and any other Federal or Agency programs,including the determination of valid expenditures and revenues, investment of funds, and compliance with all covenants and regulatory agreements. 6. Supervise the technical research, development and reporting of information to the Community Development Commission, the Executive Director, and staff in matters relating to investment activities, financial conditions, budget considerations, the financial ability to implement Agency programs, and other general administrative functions. P:Agen AgcMa AuacAmen"1Ex ks12010\0630.10EDA Budget Adoption Personnel Pohl.F 10-11m fPivancud Officer(Resu H).doc EXHIBIT"C—130" Economic Development Agency Chief Financial Officer(continued) 7. Supervise and direct the preparation of tax increment revenue cash flow analysis for the redevelopment project areas; identify irregularities in tax increment receipts and assessed property values; and monitor development project completion to obtain valid projections of tax increment growth. 8. Coordinate the financial audit of the Agency in accordance with State and Federal guidelines, and prepare all required reports, including the Management's Discussion and Analysis to accompany the financial audit;prepare bond compliance reporting as part of the financial audit report and any reporting requirement under the Annual Report as required by Redevelopment Law. 9. Supervise and direct the preparation of the Agency's budget and budget planning activities, including providing information and technical assistance to the Executive Director; review and monitor the budget and make appropriate recommendations. 10. Supervise and assist with administration of contracts and agreements and the covenants under such. 11. Research, develop, implement and report on various Agency activities or functions as relating to contracts, financial information, financing activities, bond financing, and other technical or administrative activities; complex data collection and interpretation; fiscal and quantitative analysis; and operations or organizational analysis. 12. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and, perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in accounting, finance, business or public administration or a closely related field. A Master's degree and/or a Certified Public Accounting license are highly desirable. Ten (10) years of increasingly responsible professional experience, including substantial management responsibilities, in accounting, contract compliance, grant accounting, financial statement preparation, compliance reporting, budget and cash flow preparation and fiscal operations. At least three (3) years of experience must be demonstrated in direct supervision of subordinate personnel in some financial or accounting situation. Governmental accounting is highly desirable. Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Advanced principals and practices related to the administration of governmental fund accounting and financial operations;GASB. 2. Principals and practices of office management,administration,supervision,and training. 3. Financial analysis and research procedures. 4. Federal grant,redevelopment and non-profit accounting and applicable regulations and laws. 5. Principles of governmental budgeting, maintenance and analysis, and requirements of redevelopment agencies. P:Wgugiini gutla Anachme \EARAISUOIUIi30-10EDABudget Adoption Personnel Poh?inP 10-1I ChiefFinancial Oficr(Ruo H).doc EXHIBIT "C—131" Economic Development Agency Chief Financial Officer(continued) 6. Principles of cash flow analysis and forecasting for redevelopment project areas and low- and moderate income housing funds. 7. Principles of Redevelopment Law and applicable Health and Safety Code regulations, guidelines and laws governing redevelopment accounting and financial reporting. 8. Principles of the State Controller's Report, HCD Report, Statement of Indebtedness, Implementation Plan Report, financial annual report,and any other reports required of redevelopment agencies. 9. Principles of low-and moderate income housing fund regulations, guidelines and laws. 10. General public bid requirements and processing for consultants and other service providers. 11. General principles of personnel administration. 12. General principles of records management, imaging, retention and destruction, and public document requests. 13. Federal grant reporting requirements. 14. Principles of investing public funds and reporting. 15. Principles of tax increment revenues, and tax increment bond financing and bond compliance requirements and reporting. 16. Principles of assessed property value analysis and forecasting tax increment revenues. Ability to: 1. Express ideas on technical subjects clearly and concisely, orally and in writing; proper use of English, spelling,grammar,punctuation and precise report writing. 2. Analyze accounting and auditing problems and develop effective controls. 3. Gather,organize and analyze information and arrive at sound conclusions. 4. Perform professional-level accounting and financial review of a highly complex nature. 5. Write and present highly complex reports to the legislative body. 6. Forecast revenues and expenditures and make recommendations on the findings, along with solutions to forecasted deficits. 7. Complete all required redevelopment and federal reporting requirements: Annual Report, Annual Financial Audit, Statement of Indebtedness, State Controller's Report, HCD Report, Management's Discussion and Analysis,and any other required financial or narrative reports. 8. Complete the analysis of planning and administration for the low-and moderate income housing fund. 9. Interpret and apply GASB requirements. 10. Review, analyze and make recommendations for administrative requirements of the Agency, along with updating, implementing and adhering to Agency administrative policies, procedures and Personnel Policies. 11. Invest public fiords in accordance with the Agency's Investment Policy;analyze said Policy and update in accordance with any changing in the law;report as required on invested funds. 12. Analyze and allocate administrative revenue and expenditures to the separate redevelopment project areas and other funds as necessary. 13. Maintain separate accounting for redevelopment project area funds, low- and moderate income housing funds,federal funds,non-profit funds and any other required funds. 14. Establish,maintain and improve internal controls. 15. Effectively direct, supervise and maintain the day-to-day operation of all aspects of governmental accounting for redevelopment, low- and moderate income housing, federal grants, non-profit, and any other required funds,along with administrative duties. C P:IAgenda ge .At h.t,\Exlubits13010W 30.10 EDA Budget Adoption Pc noel Pol£tee FY 10.11 ChiefFi..i.1 ORm(R.to.doo EXHIBIT"C—132' Economic Development Agency Chief Financial Officer(continued) PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to: sit; talk and hear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. The employee works under typical office conditions, and the noise level is usually quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ORGANIZATIONAL RELATIONSHIPS: The Chief Financial Officer is in management in the Economic Development Agency under direction of the Executive Director. Supervision is exercised over Finance Division staff. Approved: Community Development Commission Date: P:U9.MU pc A. nUkExl bft 1UOJM1 30-10 EDA a ,.A I(M Pers 1 Polio FY 10.11 QwfFimm W Off.,(R.H).d. EXHIBIT °C- 15° R,... City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Deputy Director SUMMARY JOB DESCRIPTION: Under administrative direction assists the Executive Director in managing, supervising and coordinating various activities and operations of the Economic Development Agency. Performs highly responsible professional work related to redevelopment, low- and moderate income housing, economic development, and federal program activities associated with all aspects of implementation of project and program development, new construction and/or rehabilitation of housing, retail, industrial and commercial buildings; performs complex property acquisitions,demolitions and relocations in order to reduce blighted conditions within the City;coordinates assigned activities with City departments and outside agencies; provides highly responsible and complex administrative support to the Executive Director; and performs related duties as required. REPRESENTATIVE DUTIES: Duties may include, but are not limited to: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Perform highly responsible professional and technical work in the administration of a variety of economic development, redevelopment, housing and community development programs, including, but not limited to: establishing effective short-and long-term financing strategies,priorities,goals and objectives; organizing and directing special projects; developing systems, policies and procedures to improve operation,reduce expenditures and enhance service levels. 3. Identify financial opportunities to leverage funds and stimulate development either through direct investment of Agency operating funds or utilization of County, State and/or Federal funding programs. 4. Develop effective short- and long-range financing strategies and makes recommendations for the leveraging of funds to increase ownership and rental housing stock. 5. Coordinate redevelopment program activities such as project area planning, cost/benefit analysis, redevelopment plan composition,and the utilization of special consultants to the Agency. 6. Ensure that projects/plans adhere to federal, state and local laws and ordinances governing redevelopment and economic development projects and activities. 7. Solicit participation by developers, contractors, lenders and others in potential redevelopmentleconomic development programs and projects, and low- and moderate income housing investment projects, by offering technical assistance and/or use of Agency assistance as inducement, along with other creative incentives. 8. Determine standards for monitoring projects in which the Agency has invested, and develop administrative mechanisms to affect such monitoring standards. 1 P:U9c� gcnds AuvLuwnlsTxhiDbks12010`A 31 I0 MA Budga A q n Pas I Policia FY 1411 Deputy Drw1m(Rao n),doc EXHIBIT "C—16" Economic Development Agency Deputy Director(continued) 9. Assume leadership role to plan and coordinate meetings and other necessary interactions between participants in proposed projects; make program recommendations regarding the allocations of available resources among various types of potential projects. 10. Oversee and participate in the preparation of a variety of reports for other governmental agencies. 11. Manage and train staff and coordinate assigned activities with City departments and other governmental agencies; provide technical guidance as required; establish and maintain work plans, project budgets and project schedules;perform both short-and long-range planning. 12. Oversee the negotiation, acquisition, clearance, site improvements, relocation, condemnation and disposition of property. 13. Conduct a variety of research to support redevelopment objectives, plans and activities; evaluate multiple factors involving economics, community needs and land use in preparing recommendations for the types of development appropriate for a redevelopment project area. 14. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and, perform related duties as required. MINIMUM EXPERIENCE AND OUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in business administration, economics, urban planning, political science, public administration or a closely related field. A Master's degree is highly desirable. Twelve (12) years of highly responsible experience in community development, housing and redevelopment with substantial management responsibilities including extensive involvement in negotiation of various types of development,projects and contracts,and direct supervision of personnel. Possession of a valid Class"C"California driver's license and the ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Principles, practices and procedures of California Redevelopment Law, (i.e., redevelopment plan adoptions, property acquisition, relocation, community planning, community development and community rehabilitation). 2. Techniques used in the operation of redevelopment, community development and rehabilitation programs, Federal, State and local laws, rules and regulations related to redevelopment agencies and programs. 3. Federal and State funding development programs, such as Community Development Block Grant Programs. 4. Principles of contract negotiation,development and project analysis(pro-forma analysis). 5. Principles of real estate acquisitions, demolition, relocation, leasing and development in accordance with all local,state and federal guidelines and laws. 6. Principles of construction,development,project and/or program budget preparation and management. 2 P:�AgnMuWgmda AnacWrcmslENibnv120I0106]0.10 EDA Badger Adoption Pasowcl Pa4nio FY 10.11 DcpWy Dv"tor(t H).d EXHIBIT"C—17" Economic Development Agency Deputy Director(continued) 7. Development and professional services contracting,bidding procedures and contract administration. 8. Principles of low-and moderate income housing 20%set-aside, along with all state reporting pursuant to guidelines and laws. 9. Principles of supervision,training and personnel administration. Ability to: 1. Formulate, evaluate and make recommendations on redevelopment, community development and rehabilitation programs and policies. 2. Administer and monitor development programs in accordance with Federal, state and local laws, rules and regulations or directives. 3. Interpret,explain and apply Redevelopment laws,rules and regulations. 4. Collect and analyze data and prepare both comprehensive and concise reports. 5. Make effective oral and written presentations. 6. Solicit, interpret, analyze and recommend on the viability of various development project proposals, both financially and in accordance with the overall needs of the City and goals of the Agency. 7. Contribute to the preparation of the annual budget, the annual report, the implementation report, the goals and accomplishments of the Agency, and any required reports in accordance with state and/or federal laws. 8. Effectively and professionally represent the Agency with officials, business leaders, individuals and community organizations concerned with redevelopment, community development and rehabilitation programs. 9. Establish, foster and maintain positive, harmonious working relationships with other employees, officials and the public. Nit .. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of the job. While performing the duties of this job, the employee is regularly required to: sit; talk and hear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Specific vision abilities required by this job include vision and the ability to focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. The employee works under typical office conditions, and the noise level is usually quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 3 P:Wg.M.\Ape Annchnu M,T.Wb"e 010*630-10 EDA audget Adoption Pasomel Policin rY 10.11 Deputy De or(Revd 1r.doc EXHIBIT "C—18" Economic Development Agency Deputy Director(continued) ORGANIZATIONAL RELATIONSHIPS: The Deputy Director is a management position in the Economic Development Agency under direction of the Executive Director. Approved: Community Development Commission Date: 10-15-2001 4 P:V gcMa geM Atuc WstES tKSt3010 3A 10 MA BuAget Adoption Pc"os [Policin F 10.11 Deputy Dv=w(Reno lu.d EXHIBIT"C_'5" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Project Manager SUMMARY JOB DESCRIPTION: Under direction and general supervision from Division Director,initiates,develops,manages and controls commercial, industrial and housing projects and programs for Community Development Block Grant, redevelopment, economic development, low-moderate housing fund and other federal/state grant activities; performs all aspects of entitlement activities; negotiates and finalizes property acquisition, property management, relocation, and property disposition activities; manages demolition and on/off site construction activities; undertakes property and asset management including leasing, sale, maintenance and rehabilitation activities; performs business retention, business attraction, and business support activities;and performs related duties as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Develop and implement new community development and redevelopment projects, which are beneficial to the implementation of the goals of the City and of the Agency; perform redevelopment project area adoption process as required; develop, implement and perform business retention,business attraction and business support activities. 3. Develop, implement and monitor all aspects and activities of the Community Development Block Grant program and other federal,state, local and low-moderate housing programs; ensure compliance with all regulations, rules, policies and procedures of such programs and projects; set-up and maintain all federal programs in on-line computer network as required; monitor proper environmental clearance requirements. 4. Prepare federal,state grant applications,in accordance with all federal,entitlement,state or local rules,regulations,policies and procedures;make recommendations as to specific funding levels, feasibility and cost effectiveness of activities, programs and projects; prepare all necessary reports and maintain records;maintain federal reporting in on-line computer program. 5. Undertake and supervise the planning and administration of development activities and real estate transactions including acquisition, subdivision, disposition, relocation, management, land use, and improvement for real property; interface and negotiate with developers with respect to potential development proposals; negotiate community development and redevelopment agreements of a highly complex and technical nature; develop creative financing methods to promote business and development;develop contracts and agreements as a result of negotiations. 6. Perform small business attraction and retention; support and assist small businesses to develop and grow through education and training. 7. Review proposals for development, consultants, federal grant funds, projects or programs and determine feasibility and cost effectiveness; implement long and short-range land use planning goals,economic development strategies and asset management activities. I P:Ug-.k. g.W-Anec .uTAibus120100&30-10 EDA Budgn Adoption Pcewmsl Policim P 161 1 Pmjeq MW (Rem ri.doc EXHIBIT"C—26" Economic Development Agency Project Manager(continued) 8. Inspect on/off site contracts and construction in progress; assist in the review of contracts and progress reports and maintain proper records;manage real property escrows and refinancing. 9. Work with citizen groups, legislative bodies and other community based organizations for the proper flow of information requested or required in accordance with policies and procedures; work with various agencies, contractors, or non-profit groups to develop and implement housing loan programs; review loan documents and programs for compliance with all rules, regulations, policies and procedures;make presentation to such groups as necessary. 10. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and, perform related duties or work as required. MINIMUM EXPERIENCE AND OUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in business administration, public administration, finance, economics, urban planning or a closely related field. Five (5) years of increasingly responsible professional experience in Community Development Block Grant programs, federal and/or state grant programs,redevelopment, economic development and/or low- moderate housing programs. Two(2) years of experience in direct supervision of subordinate personnel is required. Possession of a valid Class "C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Community Development Block Grant, and other federal/state grant program regulations, riles,policies and procedures. 2. General redevelopment and redevelopment low-moderate housing fund laws, regulations, policies and procedures. 3. Redevelopment financing and project area rules and implementation, and adoption of new redevelopment project areas. 4. Economic development, business attraction and retention, and revitalization policies and procedures. 5. Attraction of small businesses and assistance with motivation, development and financing methods. 6. Real estate,environmental,relocation and demolition rules and regulations. 7. Methods and techniques of contract interpretation, including acquisition, disposition, construction,financing and property management. 8. Modern office equipment and various computer programs, including federal software programs. 9. Sound business practices in the public sector. 10. Reporting requirements under Redevelopment Law and any other local, state and federal regulations and laws. 11. Principles of pro-forma analysis. 2 P:Ape su A6e�A,r..A�T,y "UOIP 30-10 EDA Budge)A plwn Per" i Policies FY 10.11 P jca Mu u nB fr.d EXHIBIT"C-27" Economic Development Agency Project Manager(continued) Ability to: 1. Implement policies and procedures and make recommendations for change or corrective action. 2. Review loan requests, loan documentation, proposals, contracts, agreements and make sound recommendations. 3. Maintain confidentiality. 4. Express ideas on technical subjects clearly and concisely,orally and written. 5. Proper use of grammar,spelling,punctuation,and precise report writing. 6. Write complex reports, contracts and agreements to be presented to the Agency's legislative body. 7. Prioritize work assignments, yet be flexible while working in fast-paced environment with constantly changing priorities. 8. Negotiate technical and complex development agreements. 9. To set goal and objective and take measurements against these and report concisely on the findings. 10. Budget for complex development and projects,monitor expenditures against the budget and make or recommended adjustments when necessary. 11. Review, monitor and report in accordance with appropriate Redevelopment Law and/or local,state and federal guidelines and laws. 12. Interpret contact,agreements and leases and monitor compliance. 13. Make basic construction cost estimates and analyze proposed cost estimates. 14. Write bid requirements, solicit bids and then analyze bids received and make recommendations. 15. Gather,organize and analyze information and arrive at sound conclusions. 16. Establish and maintain effective working relationships with those contacted in the course of work. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to: sit; talk and hear, both in person and by telephone;use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. The employee works under typical office conditions, and the noise level is usually quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 3 P:UVe sUge Anachme ft hsbits11010W&30.I0 EDA Budget Adoption Paw l Palici F I0 I 1 Pmim Mw (Rao 10.don EXHIBIT"C-28" Economic Development Agency Project Manager(continued) ORGANIZATIONAL RELATIONSHIPS: The Project Manager is a mid-management position in the Economic Development Agency under the direction of the Executive Director,Deputy Director and/or Division Director. Approved: Community Development Commission Date: 10-18-99 4 PA Ag.Wa\A..d.An.chmed.lE.hiW\201006J0-10 EDA Mgd Adopin.P..1 Pdicie FY 10.11 Pmjw Muugw(R 11).&c EXHIBIT"C—44" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Senior Accounting Technician SUMMARY JOB DESCRIPTION: Under general supervision, performs a variety of difficult and highly complex assignments in technical accounting duties,auditing work and general administration involving the preparation,review and maintenance of financial and statistical records including purchasing, financial contracts and agreements, accounts payable and accounts receivable; and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Perform a variety of general accounting and auditing work requiring a thorough understanding of the financial system. 3. Prepare, process and review complex financial or fiscal records, statements, and transactions involving a variety of items in different forms and requiring the examination of essentially dissimilar accounting details and substantially different types of support documentation; review complex contracts and agreements for payment validity and compliance prior to check preparation; assist with providing fiscal information and answering questions. 4. Review, research and process payments of more technical difficulty dealing with redevelopment, low-and moderate housing income, and federal funds; maintain records of payments and balances dealing with individual funding sources; from source agreements and contracts set up and maintain contract balances in data entry for invoice processing; establish and maintain fiscal account and budget account numbers; establish and maintain necessary files. 5. Prepare, process and audit claims, warrants, computer source documents and products; research, verify validity and prepare invoices for payment,obtain payment approvals and complete check payment process; validate and release checks; research payment history; correct and balance accounts payable system; monitor purchase orders and contract balances prior to payment approval; maintain master list of payment vendors and receivable vendors, update and prepare reports as necessary; research and reconcile accounts payable and accounts receivable; prepare purchase orders, requisitions and other documentation related to the purchase of supplies,materials and services in accordance with Agency policies and procedures. 6. Audit daily cash receipts; prepare schedules of cash receipts and disbursements, and cash fund balances; audit and monitor reception area cash receipts. 7. Prepare journal vouchers; analyze accounts; assist in year-end closing; prepare financial schedules; make corrections to accounts payable,accounts receivable or general ledger as necessary. 8. Research, review and purchase a variety of Agency equipment and equipment maintenance agreements; thorough knowledge and implementation of the Agency's purchasing policies and procedures; coordinate with various vendors. 1 P:UgcMss geM Atwhmrnu(EaW ku 2010W630-10EDABudge AdVinnP..IP.ki PY 10-11S,.A Ta (R.H).d EXHIBIT"C—45" Economic Development Agency Senior Accounting Technician (continued) 9. Assist in the preparation of Agency budgets and budget planning activities, including providing technical financial and general administration assistance to Agency personnel 10. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and, perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in accounting, finance, business administration, or a closely related field. With extensive professional accounting experience, two (2)years of direct professional accounting experience may be substituted for two(2)years of the required education on a year for year basis. Three(3)years of intermediate-level financial accounting experience,with governmental fund accounting desirable. A valid Class"C"California driver's license and the ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Principles and practices of general and governmental accounting. 2. Basic mathematical and statistical principles. 3. Advanced office procedures. 4. Advanced bookkeeping principles for the maintenance of fiscal and accounting records. 5. Full range of policies, procedures, practices, rules, regulations and laws applicable to the area of responsibility. 6. Complex computer terminal operating methods and software applications. 7. Spreadsheet and work processing operations; Ability to: I. Apply accounting, auditing and financial analysis principles to specific work assignments; perform responsible technical level accounting. 2. Make complex and varied mathematical computations and tabulation rapidly and accurately. 3. Accurately and quickly handle cash. 4. Work with a high degree of independence. 5. Establish and maintain effective working relationships with those contacted in the course of work. 6. Respond to questions from the public and Agency personnel and quickly research and answer questions. 7. Plan and organize work to meet schedules and timelines. 8. Understand and follow oral and written instructions. 9. Gather,organize and arrive at sound judgments. 10. Communicate clearly and concisely both orally and written. 2 P:USe Mgen&Au hm \Ex tbits120 O\t 3610 MA Budget Adopton Pna I Policiu F 10.11 Sr.A L Tech oa lo.doc EXHIBIT"C-46" Economic Development Agency Senior Accounting Technician(continued) PHYSICAL DEMANDS AND WORK ENVIRONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job,the employee is regularly required to:sit,talk and hear, both in person and by telephone; use bands to finger, handle and feel computers and standard business equipment;and reach with hands and arms. The employee is frequently required to sand and walk. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. The employee works under typical office conditions, and the noise level is usually quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHIPS: The Senior Accounting Technician is a general position in the Economic Development Agency. Supervision is received from professional or supervisory personnel. Approved: Community Development Commission Date: 12-16-02 3 P:UgendssUgcnde AvacWMncslEx Nts 20100630-10 EDA Budge Adoptm Peuon [Palici FY 10-11 Sr.A .Tc&(Rew 3).doc EXHIBIT"C-106" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY CATV/IEMG Production Technician SUMMARY JOB DESCRIPTION: Under general supervision, performs a wide variety of production activities including studio and field video directing, pre-production planning and program organization; from initial program proposals, conceptualizes, plans and implements video productions; provides post-production services in the form of editing raw footage to specific completed form;performs duties of routine to moderate difficultly while learning practices,procedures and creative processes associated with video and cable change production programming and broadcasting; assignments may vary in difficulty and complexity based upon incumbent's experience, expertise and demonstrated creatively and proficiency;and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Prepare scripts,shot sheets and storyboards for contract services client or Agency or City project concepts. 3. Perform production and post-production duties, including technical direction, creating and producing electronic graphics and digital video effects; setting up and operating single- and multiple-camera and audio equipment; operating remote control cameras; monitoring and adjusting microphones audio levels; operating video tape editing equipment; performing support functions during filming or broadcasting of meetings;schedule programming shoots,including coordination of staff,guests and equipment. 4. Edit CATV/1EMG and other video productions utilizing editing hardware and software to optimize the final project's quality results. 5. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: Graduation from high school or a GED equivalent; coursework in radio or television production, video production/engineering or a related field. Two (2) years of experience in video production, communication arts or related field, or a combination of training and experience. Computer experience is desirable. Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Set design and construction. 2. Basic audio/visual engineering concepts. 1 P.Ugc \ApM AluchnsmtlEah3ac1301 Vat 3 IO EDA Budget Adoption Pmo I Policies F 10-11 CAW P dinn Tahnicun rkes H)doc EXHIBIT"C-107^ Economic Development Agency CATVQEMG Production Technician (continued) 3. Video production techniques including pre-production organization and planning, lighting, sound and video direction. 4. Uses and operations of computer hardware and software used for video production and editing. 5. Basic script writing methods and techniques. 6. Videotape editing techniques including single and multi-source recording. 7. Character generation and multimedia applications. 8. Word processing as it applies to teleprompting and character generator functions. Ability to: 1. Analyze and resolve problems. 2. Adjust work assignments,procedures and priorities to expedite work flow. 3. Prepare shot sheets and storyboards. 4. Edit tapes and use related equipment. 5. Maintain appropriate records and files. 6. Create a script,audio and video from client supplied concept. 7. Communicate clearly and concisely both orally and in writing; understand and carry out oral and written instructions. 8. Set up productions equipment for both studio and remote site usage, and operate cameras and lighting controls. 9. Follow established safety policies and procedures in the use of product and control-related equipment. 10. Work efficiently while maintaining multiple deadlines and changing priorities. 11. Gather,organize and analyze information and arrive at sound judgments. 12. Establish and maintain effective relationships with those contacted in the course of work. PHYSICAL DEMANDS AND WORK ENVIRONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to: sit; talk and hear, both in person and by telephone; use hands to finger, handle and feel computers, standard business equipment and production equipment;and reach with hands and arms. The employee is frequently required to stand and walk.Employees may be required to climb or balance,stoop,kneel,crouch or crawl and to lift or move up to 80 pounds. The position is assigned to work fluctuating hours, including weekends and holidays, and may require after-hours on-call response in emergency situations. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions. The employee works under typical office conditions and field environment and is exposed to noises, vibrations, odors and dust. The employee may be required to work in outside conditions, exposed to wet or humid conditions,where the noise level may be loud,and work at heights on ladders. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHIPS: The CATV/IEMG Production Technician is a general position in the Economic Development Agency. Supervision is received from professional and/or supervisory personnel. Approved: Community Development Commission Date: 2 P:\AVeM ge Anac6mewl xhbnc1301�30-10 EDA Budge Adoption Paw i Policia FY 10-11 CATV PmdWm TmMic xn(Rao M doc EXHIBIT"C-90" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Enterprise Zone/Economic Development Project Manager SUMMARY JOB DESCRIPTION: Under direction and general supervision, initiates, develops, manages and controls commercial, industrial and housing projects and programs for Enterprise Zone, Community Development Block Grant, redevelopment, economic development, low-moderate housing fund and other federal/state grant activities; performs all aspects of entitlement activities; negotiates and finalizes property acquisition, property management, relocation, and property disposition activities; manages demolition and on/off site construction activities; undertakes property and asset management including leasing, sale, maintenance and rehabilitation activities; performs business retention,business attraction, and business support activities;and performs related duties as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Develop and implement new Enterprise Zone,community development and redevelopment projects,which are beneficial to the implementation of the goals of the City and of the Agency; perform redevelopment project area adoption process as required; develop, implement and perform business retention, business attraction and business support activities. 3. Recruits potential businesses under the Enterprise Zone;markets the Enterprise Zone to promote a positive image; promotes business-to-business relationships and cooperation; works to attract and retain businesses; conducts extensive business and employee outreach efforts,informs businesses of local and state incentives of the Enterprise Zone; reviews applications and determines Enterprise Zone eligibility; develops Enterprise Zone budgets; coordinates services by participating governmental agencies;participates with the applicant through the process to ensure a smooth customer service experience;assists with the coordination activities with other redevelopment projects and economic development programs in the Enterprise Zone. 4. Develop, implement and monitor all aspects and activities of the Community Development Block Grant program and other federal, state, local and low-moderate housing programs; ensure compliance with all regulations, rules, policies and procedures of such programs and projects; set-up and maintain all federal programs in on-line computer network as required;monitor proper environmental clearance requirements. 5. Prepare federal, state grant applications, in accordance with all federal, entitlement, state or local rules, regulations, policies and procedures; make recommendations as to specific funding levels, feasibility and cost effectiveness of activities, programs and projects; prepare all necessary reports and maintain records; maintain federal reporting in on-line computer program. 6. Undertake and supervise the planning and administration of development activities and real estate transactions including acquisition, subdivision, disposition, relocation, management, land use, and improvement for real property; interface and negotiate with developers with respect to potential development proposals; negotiate community development and redevelopment agreements of a highly complex and technical nature; develop creative financing methods to promote business and development; develop contracts and agreements as a result of negotiations. 1 P.Ug MuUgeM ArucbmcNS� litsV010 &30-10 EDA Budget Adoption Pe"amel Po0clu PY 10 11 Erucpres Zone Ec.De.N.Mgr.(aeso H).dcc EXHIBIT"C—91" Economic Development Agency Enterprise Zone/Economic Development Project Manager(continued) 7. Perform small business attraction and retention; support and assist small businesses to develop and grow through education and training. 8. Review proposals for development, consultants, federal grant funds, projects or programs and determine feasibility and cost effectiveness; implement long and short-range land use planning goals, economic development strategies and asset management activities. 9. Inspect on/off site contracts and construction in progress; assist in the review of contracts and progress reports and maintain proper records;manage real property escrows and refinancing. 10. Work with citizen groups, legislative bodies and other community based organizations for the proper flow of information requested or required in accordance with policies and procedures; work with various agencies, contractors, or non-profit groups to develop and implement housing loan programs; review loan documents and programs for compliance with all rules, regulations, policies and procedures; make presentation to such groups as necessary. 11. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and, perform related duties or work as required. MINIMUM EXPERIENCE AND QUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in business administration,public administration,finance,economics,urban planning or a closely related field. Five (5) years of increasingly responsible professional experience in Enterprise Zone activities, Community Development Block Grant programs, federal and/or state grant programs, redevelopment, economic development and/or low-moderate housing programs. Two (2)years of experience in direct supervision of subordinate personnel is required. Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Enterprise Zone rules and regulations. 2. Community Development Block Grant, and other federal/state grant program regulations, rules, policies and procedures. 3. General redevelopment and redevelopment low-moderate housing fund laws,regulations,policies and procedures. 4. Economic development,business attraction and retention,and revitalization policies and procedures. 5. Attraction of small businesses and assistance with motivation,development and financing methods. 6. Real estate,environmental,relocation and demolition rules and regulations. 7. Methods and techniques of contract interpretation, including acquisition, disposition, construction, financing and property management. 8. Modem office equipment and various computer programs,including federal software programs. 2 P:\Agendss\Ag rdn AuachrnenulExhbus12010W630-10 EDA audgu Adoption Pmomrtl Po0cio FY 10-11 Emeprce Zow Ec.O .Pd.Mgr.(Reno}[).doe EXHIBIT"C-92" i.r Economic Development Agency Enterprise Zone/Economic Development Project Manager(continued) Ability to: 1. Implement policies and procedures and make recommendations for change or corrective action. 2. Review loan requests, loan documentation,proposals,contracts,agreements and make sound recommendations. 3. Express ideas on technical subjects clearly and concisely,orally and written. 4. Proper use of grammar,spelling,punctuation,and precise report writing. 5. Negotiate technical and complex development agreements. 6. Gather,organize and analyze information and arrive at sound conclusions. 7. Establish and maintain effective working relationships with those contacted in the course of work PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While perforating the duties of this job,the employee is regularly required to:sit;talk and hear,both in person and by telephone;use hands to finger,handle and feel computers and standard business equipment;and reach with hands and arms. The employee is frequently required to stand and walk. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. The employee works under typical office conditions,and the noise level is usually quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ORGANIZATIONAL RELATIONSHIPS: The Enterprise Zone/Economic Development Manager is a mid-management position in the Economic Development Agency under the direction of the Executive Director or Deputy Director or Division Director. Approved: Community Development Commission Date: 6-21-07 O 3 P:UgM Fade Au efls� bk$=10W6-30-10 EDA Budge AdopLon Pema l Policies F 10.11 Emepr rnn<Ec.Dr.Pp.Mgr.(R Fo,. EXHIBIT"C-8" aCity of San Bernardino ECONOMIC DEVELOPMENT AGENCY Director of Administrative Services SUMMARY JOB DESCRIPTION: Under direction, performs a variety of professional, complex, responsible, highly sensitive and confidential office administration and executive support functions for the Executive Director, requiring independent judgment, knowledge and work habits; the work is characterized by involvement with broad issues and interactions with top executives and elected officials on complex and sensitive matters;and performs related work as required. REPRESENTATIVE DUTIES: Duties may include,but are not limited to,the following: 1. Provide courteous and expeditious customer service to the general public and Agency staff. 2. Provide administrative support to the Executive Director; using word processing software, with minimum instruction, composes and/or types memorandums, correspondence, agenda items, reports, agreements, presentations, forms and other documents often of a highly sensitive and confidential nature; taking the initiate, proofreads and checks typed and other materials for accuracy, completeness and compliance with Agency standards, policies and procedures; ensures materials, reports and documents for signature are accurate and complete; responds independently to e-mail inquiries regarding a variety of Agency matters; relives the Executive Director of a variety of administrative details. 3. Maintain the Executive Director's calendar; coordinate, arrange, schedule and confirm meetings, appointments, conferences, hearings, community/intergovernmental events and all travel arrangements for the Executive Director; screen requests for appointments and delegate to other Agency staff when appropriate; ensure that the Executive Director's schedule flows smoothly and that meetings/appointments are timely; make necessary adjustments, postponements, cancellations, with appropriate response, when necessary; researches, prepares and submits travel expenses reports for the Executive Director in accordance with Agency policies and procedures. 4. Receive and screen visitors, appointments and telephone calls, providing information when necessary; conduct research and respond to requests for information from the general public, Agency and City staff and local,state and federal officials, some which may require sensitivity and sound independent judgment; refer certain issues to appropriate staff or take or recommend action to resolve issue;review,determine the priority of incoming mail for the Executive Director, and route to the appropriate staff member for action when necessary or respond directly when appropriate; follow-up on correspondence routed to staff members that action has been taken; review incoming Executive Director a-mails and prioritize, taking direct action when necessary and routing to the appropriate staff when necessary. 5. Act as a liaison in coordinating matters between the Executive Director and other City division directors including Agency's contract with the Human Resources Department and representatives of outside agencies;provide requested information and direction on routine matters; follow-up on various assignments at the direction of the Executive Director to ensure that needed action is taken. 6. Plan,organize and make arrangements for special events and meetings as directed;secure event locations and arrange set-up;arrange for the compilation and distribution of meeting minutes as necessary. 7. Assist, when necessary, in accordance with established policies and procedures, the Community Development Commission and Redevelopment Committee agenda items to meet all deadlines, along with other meetings involving the Executive Director; attend meetings and conferences as directed; prepare agendas and take notes/minutes at various meeting as required. I P:UgeMksUgendz A..1urtms\Exhibi.U010W 30-10 EDA Bud et Adoption Pa nnol Policies FY 10-11 Dvenor ofAdnnin.Sws.(Reno n.doc Economic Development Agency EXHIBIT"C-9" Director of Administrative Services(continued) 8. Compose correspondence requiring use of judgment and independent thinking; respond to routine requests for information from Agency staff, the public, City employees and Commission Members in accordance with Agency policies and procedures;prepare appropriate responses for signature as necessary. 9. Schedule, supervise and evaluate the work of clerical staff; set priorities and deadlines for day-to-day clerical work flow. 10. Manage and supervise the overall activities of the office;coordinate staff for highest efficiency. H. Coordinate and supervise the Agency's IT Contractor and all purchases and work performed on the Agency's computer/network system. 12. Compile information for a variety of special narrative and statistical reports as required;do various research projects; code and classify data; create and produce various office forms; determine format for finished reports;provide routine, factual information concerning procedures, functions,and regulations; search files for information needed;and process purchase orders. 13. Routinely adhere to and maintain a positive attitude towards City and Agency goals; and perform related duties or work as required. MINIMUM EXPERIENCE AND OUALIFICATIONS: A Bachelor's degree or equivalent from an accredited college or university with major course work in business administration,public administration,finance,economics,urban planning or a closely related field. Seven (7)years of increasingly responsible office administration and/or high-level supervisory experience, at least three (3) of which were at an executive assistant level and two (2) of which required supervision of subordinate personnel. Knowledge of, and extensive use of, computer word processing, presentation and spreadsheet software programs. Possession of a valid Class"C"California driver's license and ability to maintain insurability. GENERAL QUALIFICATIONS: Knowledge of: 1. Modem office practices, equipment and computer programs; office administration and management practices and procedures, including practices of file and document management. 2. Principles and practices of sound business communication; correct English usage, including spelling, grammar and punctuations. 3. Principles of supervision. 4. Basic terminology, work processes and local, state and federal requirements applicable to areas of assigned responsibility;basic functions of public agencies. 5. Advanced uses of work processing, graphics, spreadsheet, database and other software to create documents and materials requiring the interpretation and manipulation of data. 6. Basic principles and practices of public administration, including budgeting, purchasing and maintenance of public records. Ability to: I. Analyze and resolve problems. 2. Adjust work assignments,procedures and priorities to expedite work flow. 3. Make recommendations and implement policies and procedures. 4. Maintain confidentiality of privileged information. 2 P:WgeMas\AgeMa AnachmentsTxhibits=10\ 30.10FDA Budge[Adoption Pensonnel Policies FY 10-11 Director of Admin.Svcs.(Reno Mdoc EXHIBIT"C-10" Economic Development Agency Director of Administrative Services(continued) 5. Manage multiple and rapidly changing priorities to meet the needs and expectations of the Executive Director, other elected and appointed City officials, City staff,business leaders and other in the course of work. 6. Establish and maintain highly effective working relationships with elected and appointed City officials, City and Agency staff, residents, businessmen, the media, the public and other encountered in the course of work. 7. Work independently with a minimum of instruction; organize,set priorities,take initiative and exercise sound judgment within areas of responsibility. 8. Gather, organize and analyze information and arrive at sound judgments; interpret, apply, explain and reach sound independent decisions in accordance with Agency regulations,policies and procedures. 9. Perform simple arithmetic calculations; type accurate at a speed necessary to meet the requirements of the position; operate a computer, word processing and spreadsheet software, and other standard office equipment. 10. Retrieve and give information over the telephone and in person in a respectful and courteous manner. H. Communicate clearly and concisely both orally and in writing. 12. Understand and carry out oral and written instructions. 13. Compose correspondence, prepare documents, prepare accurate and concise records and reports; proofread and detect errors in typing,spelling,grammar and punctuation. 14. Perform difficult clerical and secretarial work with speed and accuracy. 15. Establish and maintain effective relationships with those contacted in the course of work; use a high degree of tact, diplomacy and discretion in dealing with sensitive and confidential situations, and concerned internal and external parties. 16. Supervise subordinate personnel in a professional,courteous manner. PHYSICAL DEMANDS AND WORK ENVDtONMENT: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to: sit; talk and hear,both in person and by telephone;use hands to finger,handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Employees may be required to lift up to 30 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions. The employee works under typical office conditions and the noise level is usually moderately quiet. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. ORGANIZATIONAL RELATIONSHMS: The Executive Assistant to the Executive Director is a confidential position in the Economic Development Agency. Direction and supervision is received from the Executive Director. Approved: edit-Community Development Commission Date: 3 P'.Ugerdv\AgeMa Amchmems Iiibtta\1010\0630.10 EDA Budget Adoption Pereoonel Policia P 10-1 I Director of Adnnin.Sv .(Rew tl).doc COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ECONOMIC DEVELOPMENT AGENCY'S ANALYSIS AND 4 DETERMINATION OF THE APPROPRIATENESS OF THE PLANNING AND ADMINISTRATION EXPENDITURES OF THE LOW- AND 5 MODERATE-INCOME HOUSING FUND FOR THE FISCAL YEAR 2010- 6 2011 AGENCY BUDGET 7 WHEREAS, included in the Redevelopment Agency of the City of San Bernardino (the 8 "Agency") Fiscal Year 2010-2011 Budget is the amount of $29,672,800 representing anticipated 9 revenues and expenditures of the Low- and Moderate-Income Housing Fund, of which $1,591,800 10 has been allocated for the purpose of anticipated planning and administration expenditures; and 11 WHEREAS, Section 33334.3(d) of the Health and Safety Code requires that redevelopment 12 agencies annually determine that the planning and administrative expenditures of the Low- and 13 Moderate-Income Housing Fund are necessary for and not disproportionate to the costs of 14 production, improvement or the preservation of low- and moderate-income housing; and 15 WHEREAS, in compliance with Section 33334.3(d) of the Health and Safety Code, the 16 Agency has made annual calculations to determine that the planning and administrative expenditures 17 are proportionate to and necessary for the production, improvement or preservation of low- and 18 moderate-income housing; and 19 WHEREAS, the Agency's independent financial auditor's have previously reviewed such 20 annual calculations and determination of planning and administrative expenditures in relation to the 21 expenditures for production, improvement or preservation of low- and moderate-income housing 22 and have found the Agency to be in compliance with the Health and Safety Code provisions cited 23 above; and 24 WHEREAS, it has been determined for the fiscal year 2010-2011 that the anticipated 25 planning and administrative expenditures of the Low- and Moderate-Income Housing Fund in the 26 amount of $1,591,800 represent 5.36% of the total budget of $29,672,800, are necessary to 27 implement the required housing programs, and that $28,081,000 or 94.64%ollf,the total budget is'T 28 1 1 P:WgendazVtesolu ti0nsViesolu[ionsQ010\0630.10 EDA Budges Adoption-Low Mod Admin.FY 10.11 CDC R.Idoc I anticipated to be spent directly for the production, improvement or preservation of low- and 2 moderate-income housing, as outlined in the Staff Report; and 3 WHEREAS, Section 33334.3(d) of the Health and Safety Code requires the legislative body 4 to adopt the Agency's annual calculation and determination of the proportionality of planning and 5 administrative expenditures, as outlined in the Staff Report. 6 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 7 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 8 FOLLOWS: 9 Section 1. The Community Development Commission of the City of San Bernardino 10 (the "Commission") hereby approves and adopts the Agency's annual calculation and determination 11 for the fiscal year 2010-2011 of the appropriate and necessary anticipated planning and 12 administration expenditures, as outlined in the Staff Report, in relationship to the anticipated 13 expenditures for the production, improvement or preservation of low- and moderate-income 14 housing. The Commission hereby finds and determines that said planning and administration 15 expenditures are reasonable. 16 Section 2. This Resolution shall become effective immediately upon its adoption. 17 18 19 20 21 22 23 24 25 26 27 /// 28 /// I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 1' THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE 2 ECONOMIC DEVELOPMENT AGENCY'S ANALYSIS AND DETERMINATION OF THE APPROPRIATENESS OF THE PLANNING 3 AND ADMINISTRATION EXPENDITURES OF THE LOW- . AND 4 MODERATE-INCOME HOUSING FUND FOR THE FISCAL YEAR 2010- 2011 AGENCY BUDGET 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 meeting 8 thereof,held on the day of 2010, by the following vote to wit: 9 Commission Members: Aves Nays Abstain Absent 10 MARQUEZ — ll DESJARDINS — 12 BRINKER — 13 SHORETT — �^* 14 KELLEY — w 15 J014NSON 16 MC CAMMACK 17 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 12010. 21 22 23 Patrick J. Moms, Chairperson Community Development Commission 24 of the City of San Bernardino 25 Approved as to Form: 26 27 By:. Agency oun 1 28 3 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES 4 AGREEMENT FOR FISCAL YEAR 2010-2011 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND g THE CITY OF SAN BERNARDINO AUTHORIZING THE AGENCY'S PAYMENT TO THE CITY FOR THE PERFORMANCE OF CERTAIN 6 FUNCTIONS BY CITY DEPARTMENTS FOR THE BENEFIT OF THE 7 AGENCY 8 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 9 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 10 California; and 11 WHEREAS, the Community Development Commission of the City of San Bernardino (the 12 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 13 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, 14 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 15 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act"); 16 and 17 WHEREAS,the City is engaging the Agency to provide the financial support and funds for the 18 line items described in the Master Services Agreement(the"Agreement") as authorized in the Agency 19 budget for the 2010-2011 fiscal year of the Agency and the City. The Agency has accepted such 20 obligation to provide the financial support and funds pursuant to the terms of the Agreement during the 21 term of the Agreement. 22 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the 23 Interim Executive Director to execute said Agreement. 24 NOW,THEREFORE,THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 25 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS: 26 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 27 reference. C) 28 b - 3o- 10 1 P:UBoods M W(msVtes Uiom=I�W O EDA Budge-Me Sw.Agm.CDC Rc 1 WO 1 Section 2. The Commission hereby approves the Agreement in the form as attached to this 2 Resolution as Exhibit "A" with such changes thereto as may be approved by the Interim Executive 3 Director of the Agency when such terms and conditions have been ascertained. 4 Section 3. This Resolution shall take effect from and after its date of adoption by this 5 Commission. 6 7 8 9 10 12 13 /// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:Ugendu Rmlutww\Re WtioMU010\06-30.10 EDA Budget-Mwer Sm.Agmt.CDC Rm ldo I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 2 THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT FOR FISCAL YEAR 2010-2011 BETWEEN THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO AUTHORIZING THE AGENCY'S 4 PAYMENT TO THE CITY FOR THE PERFORMANCE OF CERTAIN FUNCTIONS BY CITY DEPARTMENTS FOR THE BENEFIT OF THE 5 AGENCY 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 meeting 8 thereof, held on the day of , 2010, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ _ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 Secretary 19 The foregoing Resolution is hereby approved this day of 2010. 20 21 Patrick J. Morris, Chairperson 22 Community Development Commission of the City of San Bernardino 23 Approved as to Form: 24 By: 25 Xgencj—Cot#sel 26 27 28 3 P:Ugc "\RewWtionsU ewWtions�2010\0670.10 FDA D,dgd.Mawr Sv .Agent.CDC Reso l.&c EXHIBIT "A" 1 2 MASTER SERVICES AGREEMENT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 P:Ugen mu emlutionsUl lutnmUOI1 30.10 EDA BApl-Muter Svu.ABM.CDC Rem 1 d MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT (this "Agreement') is made and entered into as of the June 30, 2010 (the "Effective Date"), by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), and the City of San Bernardino, a charter City under the laws and Constitution of the State of California (the"City"). The Agency and the City hereby agree as follows: I. Enactment of the Agency. The City hereby engages the Agency to provide the financial support and funds for the following described line items as authorized in the Agency budget for the 2010-2011 fiscal year of the Agency and as the same may be additionally set forth in the City budget for the 2010-2011 fiscal year of the City. The Agency hereby accepts such obligation to provide the financial support and funds pursuant to the terms of this Agreement during the term of this Agreement as specified in Section 7. 2. Agency Payments of Bonded Debt Service of the City. During the 2010-2011 fiscal year of the Agency and the City, the Agency shall pay to the City an amount equal to $3,566,000 representing the debt service payments otherwise required to be remitted by the City to the bond trustee for the following described issuances of municipal bonds of the City and/or the Agency for the following described City facilities with the noted source of municipal bond or tax allocation bond financing, as appropriate: (i) Police Facility—Agency tax allocation bonds (ii) Stadium—Agency tax allocation bonds (iii) Soccer Park—Agency tax allocation bonds (iv) Library-City municipal bond financing (v) Central Police Department Building—City municipal bond financing (vi) South Valle — City municipal bond financing subject to Agency reimbursement agreement 1 PUgeMaJAgenda AmehmentsVyeMa AnshmemsUg is-Am M10IM30-10 FDA Budget-MaztaSeM—Agreement FYI 0II.d- The debt service schedules and other particulars regarding said debt issuances of the City and the Agency are on file with the official records of the City and Agency with their respective Finance Officers. 3. Payment by Agency of Administrative Services of Benefit to Aeency. During the 2010-2011 fiscal year of the Agency and the City, the Agency shall pay to the City an amount equal to $794,250 representing the allocation of the following described services provided by the City to the Agency which are allocated in part to the Agency in the manner and for the line items as set forth below: Total Dollar Description % Allocation Agency Amount of Item to Agency Payment (i) $845,000 Chairperson's Office 25% $211,250 (ii) $580,000 Council Offices 25% $145,000 (iii) $300,000 Parks and Rec/CBS 100% $300,000 (iv) $130,000 City PIO 10% $13,000 (v) $125,000 Human Resources/Risk 100% $125,000 (vi) To be determined CATV direct costs for IT, Phone and Fleet. Set forth on Exhibit `B" as attached hereto are further details describing the items set forth above and other particulars regarding the allocation of certain cost items of the City to the Agency which shall be a part of this Agreement and which Exhibit `B" is incorporated herein by this reference. All performance items of the City as set forth on said Exhibit `B" shall be performed by the City and shall be enforceable by the Agency against the City in the same manner as though set forth in whole within the text of this Agreement. In addition to the Agency assumed City obligations as set forth in Section 2 and the allocation of certain City cost items to the Agency as set forth on said Exhibit `B", attached hereto as Exhibit "C" is a list of other City obligations and financial commitments which are additionally included in the 2010-2011 Agency budget and which are intended to be paid by the Agency on behalf of the City for the 2010-2011 fiscal year. 2 P.WSendasVBenda AnachmrnuUgenda 201M-30.10mA Budget-M aServices Agreement H 10.11.due 4. Issuance of Loan to the Citv by the Agency. The City and the Agency previously entered into a loan agreement designated as the "Interim Loan Agreement" dated as of August 17, 2009 (the "Agency-City 2009 Loan Agreement'), and a Revenue Anticipation Note, dated as of August 17, 2009 (the "2009-2010 Note"), in the original principal amount equal to $1,310,000 which pursuant to the terms of the applicable loan agreement was required to be repaid by the City to the Agency, together with interest at the rate of interest per annum as set forth in the Agency-City 2009 Loan Agreement, on or before June 30, 2010. Due to the severe financial crisis the City continues to experience and the financial inability to timely repay the principal of and interest on the Agency-City 2009 Loan Agreement. The City now desires to repay the principal balance of the 2009-2010 Note, together with accrued and unpaid interest thereon, through the issuance and delivery of the Loan Agreement (the "Agency-City 2010 Loan Agreement') and a Revenue Anticipation Note of the City (the "2010-2011 Note"). The current outstanding balance of the Agency-City 2009 Loan Agreement, together with accrued and unpaid interest thereon, is equal to $1,332,925 (the "2010-2011 Outstanding Balance"). The Loan Agreement and the 2010-2011 Note payable to the Agency in the principal amount equal to $1,322,925 for the repayment of the 2009-2010 Note are addressed in a separate Resolution with Attachments which include the Agency-City 2010 Loan Agreement and the 2010-2011 Note. 5. Manner of Payment; Submittal of Invoices. The City shall provide a written invoice to the Agency not more than thirty (30) calendar days nor less than fifteen (15) calendar days prior to the date that funds are required to be remitted by the City to the applicable bond trustee pursuant to Section 2 hereof. The City shall additionally provide a written invoice on a monthly basis on or before the twentieth (20"') calendar day of each month solely for the payment equal to one-twelfth (1/12"') of the combined total dollar amounts to be remitted by the Agency to the City pursuant to Section 3 hereof with the final payment to be paid by the Agency to the City not later than June 30, 2011. The Agency shall pay or reimburse to the City, as applicable, the amounts that are correctly set forth on the invoices and which are delivered to the Agency by the City in a timely manner pursuant to this Section 5. If any invoice that is properly submitted by the City to the Agency is not paid by the Agency within thirty (30) calendar days after the due date as shall be stated thereon in conformity with this Agreement, interest will be charged on the outstanding delinquent payment 3 P:\Agendus gcM AUuhments\Agcd&Attrh [&\Agrmfo-Amrn 2010\0630-10 FDA Budgd-MWa Sa MAgrcemmtF 16]1.doc amount equal to the rate of interest then paid by the Local Agency Investment Fund ("LAID) for moneys of local governmental agencies that may be deposited in the LAIF accounts. 6. Personnel. All matters pertaining to the hiring, employment supervision, compensation, promotion and discharge of City employees required to perform duties hereunder are the sole responsibility of the City, which is, in all respect, the sole employer of such employees. The City, and not the Agency, shall be solely responsible for the non-compliance by City staff with the provisions of this Agreement. All matters pertaining to the hiring, employment supervision, compensation, promotion and discharge of Agency employees required to perform duties hereunder are the sole responsibility of the Agency, which is, in all respect, the sole employer of such employees. The Agency, and not the City, shall be solely responsible for the non-compliance by Agency staff with the provisions of this Agreement. 7. Term and Termination. The term and thus the effective date of this Agreement shall commence as of July 1, 2010, and unless sooner terminated or extended by written agreement of the City and the Agency, shall terminate on June 30, 2011. Such termination date may only be extended by an amendment to this Agreement duly approved by the governing bodies of the City and the Agency and delivered pursuant to written notice given not less than thirty (30) calendar days' prior to the stated termination date with such amendment being executed and approved prior to the date of termination of this Agreement. 8. Indemnification and Insurance. 8.1 Indemnification. 8.1.1 The City shall defend (if requested by the Agency), indemnify, save and hold harmless, the Agency and its commissioners, officials, officers, employees and agents from all claims for all loss or damage to property, including loss of use thereof, and injury to persons resulting from the negligent performance of its obligations under this Agreement, as well as from any claims made by or on behalf of City's agents, servants and/or employees arising out of their employment or work 4 P:IAgend.NSe .AnachmemeUgende Amon nt\Agrmu-Amend 201 OU-30.10 EDA Budge-Muter Swi.Agreement F I0 I l.d. pertaining to the operations under this Agreement; moreover, the City shall, at all times, defend, indemnify and hold the Agency, its commissioners, officials, officers, employees and agents harmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees,and expenses incident thereto, arising out of the failure by the City to comply with all laws, ordinances or governmental regulations applicable to the City or the conduct of the City's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste,or toxic substances. 8.1.2 The City is and will be an independent contractor at all times and in every respect and not the agent of the Agency. Nothing contained herein and no direction or notification from the Agency or the Executive Director to the City shall be construed so as to create a partnership, joint venture or agency relationship between the parties hereto. 8.1.3 The Agency shall defend (if requested by the City), indemnify and save harmless the City and its commissioners, officials, officers, attorneys, employees and agents from all claims for all loss or damage to property, including loss of use thereof, and injury to persons resulting from the negligent performance under this Agreement, as well as from any claims made by or on behalf of the Agency's agents, servants and/or employees arising out of their employment or work pertaining to the operations under this Agreement; moreover, the Agency shall, at all times, defend, indemnify and hold the City, its commissioners, officials, officers, employees and agents harmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses fees, and expenses incident thereto, arising out the failure by the Agency to comply with all laws, ordinances or governmental regulations applicable to the Agency or the conduct of the Agency's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste,or toxic substances. 8.1.4 The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this Section 8.1. 5 P�gendu\Agenda Avu entsWeMa Auwlunw Ag -AmeM 2010`0630-10 EDA Budges-Muter Sm .I AW mem FY 10-11 d. 8.2 Insurance. The City shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the Agency protecting said City, the Agency, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the City's activities in connection with the performance of this Agreement, whether such activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: 8.2.1 The City shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the City in the performance of the duties described herein. 8.2.2 The City shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for any one accident or casualty, covering the performance of this Agreement. 8.2.3 Within ten (10) calendar days after the acceptance of this Agreement by the Agency, the City shall deliver to the Agency, certificates of insurance evidencing that insurance has been purchased by the City as required in Section 8.2.2 and copies of endorsements providing(i) thirty (30) calendar days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to the Agency, and (ii) automobile liability and comprehensive general liability insurance shall include the Agency, its commissioners, officials, officers, employees and agents as additional insureds. Said certificates of insurance and copies of endorsements shall be on file with the Agency at all times thereafter during the term of this Agreement. Failure of the City to provide the certificates of insurance or subsequent receipt by the Agency of a notice of cancellation of the insurance policy or policies by the City's insurance company or companies shall constitute a material breach of this Agreement and Us Agreement may be terminated by the Agency upon written notice. All policies of insurance required and provided by the City under this Section 8.2 shall include, or be endorsed to provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the Agency, its commissioners, officials, officers, employees and agents. 6 P:1AgendasUgenda Mrt hments"genda AttachnumV mu-Amcnd 2010 30-10 MA Budget-Mastn Services Agnmaa H 10-11.dac 8.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 8.2. The City shall provide the Agency with evidence of excess coverage upon written request. I 8.2.5 The Agency shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the City protecting said Agency, the City, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the Agency's activities in connection with the performance of this Agreement, whether such activities be of the Agency, the Agency's agent, or of anyone employed by the Agency. The types of insurance coverage,as well as the amounts of such coverage shall be as follows: 8.2.6 The Agency shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the Agency in the performance of the duties described herein. 8.2.7 The Agency shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for any one accident or casualty, covering the performance of this Agreement. 8.2.8 Within ten (10) calendar days after the acceptance of this Agreement by the City, the Agency shall deliver to the City certificates of insurance evidencing that insurance has been purchased by the Agency as required in Section 8.2.7 and copies of endorsements providing (i) thirty (30) calendar days' prior written notice of cancellation, non-renewal or reduction in coverage by the insurers to the City, and (ii) automobile liability and comprehensive general liability insurance shall include the City, its commissioners, officials, officers, employees and agents as additional insureds. Said certificates of insurance and copies of endorsements shall be on file with the City at all times thereafter during the term of this Agreement. Failure of the Agency to provide the certificates of insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy or policies by the Agency's insurance company or companies shall constitute a material breach of this �J Agreement and this Agreement may be terminated by the City upon written notice. All policies of insurance required and provided by the Agency under this Section 8.2 shall include, or be endorsed to 7 P:Ug,M.\Ag.Ma MuhmamM,,.da Machments\Agemts-AmeM 1010\06-30.10 MA Budget-Master Services Agreemut F I"I.doc provide, a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the City, its commissioners,officials,officers,employees and agents. 8.2.9 Notwithstanding the foregoing, the Agency may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 8.2. The Agency shall provide the City with evidence of excess coverage upon written request. 9. Miscellaneous. 9.1 Notices. Any and all notices required or permitted to be given hereunder shall be in writing and shall be personally delivered or mailed by certified or registered mail, return receipt requested,postage prepaid,to the respective parties at the addresses indicated below: If to Agency: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Matzullo,Interim Executive Director 201 North"Ell Street, Suite 301 San Bernardino, CA 92401 If to City: City of San Bernardino Attention: City Manager and City Clerk 300 North`'D"Street San Bernardino, CA 92418 With copies to: City Finance Department Either party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mail shall be deemed to have been given on the third (3rd)business day after such notice is mailed. 9.2 Inte ation. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other paz'ty- 8 P.UgendaMgeuda Auchments\Ageoda AttadnlatsV g n-A M 3010W&30 10 mA Budget-Musa gaviax Agr«mem FY 10-I I.dm 9.3 Severability. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement. 9.4 Amendment: Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties subject to governmental approval, as required from the respective governing bodies of the City and the Agency. 9.5 Goveming Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. 9.6 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. 9.7 Headinis. The headings of the Sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement. 9.8 Assig ur Went. Neither party hereto shall assign, hypothecate or otherwise transfer such party's rights hereunder, or delegate such party's duties hereunder, without the prior written consent of the other party hereto and approved by the governing body of each party. 9 P tAgendas enda A chmem\Apr a A mems\Agmu-Amend]010tDd-JO-10 EDA Budget-Matter Servfm AV a ent FY 10.11.dw IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Emil A.Marzullo, Interim Executive Director Approved as to Form: By: AgencyVoueel CITY OF SAN BERNARDINO By: Charles McNeely,City Manager SEAL Approved as to Form: By: James F.Penman,City Attorney ATTEST: By: City Clerk 10 r%V.&MvmbAv, 'A°&MWSu Fm*A w,o.°101MG-30-lOmAB uam-b&mmSmlimApmmmrvia11.eoc ® EXHIBIT "A" DEBT ISSUANCES OF THE CITY AND AGENCY (on file with financial offices of the City and the Agency) 11 P:UgeoduU�mM Amd�1AAd�Amdmads�A�M�101PDb30.10 mA Wdrt•MWr Suviru Auemer FY Ia11 eee EXHIBIT `B" ALLOCATION OF CERTAIN COST ITEMS TO THE AGENCY (INCLUDING DESCRIPTION OF CITY SERVICES TO BE PROVIDED TO THE AGENCY) 1. $300,000 Parks and Recreation Department for the City Beautification Services ("CBS"). It is understood that $100,000 shall be allocated and expended to maintain Agency owned properties. Maintenance shall include, but not be limited to, graffiti removal, weed abatement, tree trimming and other maintenance as deemed necessary. Weed abatement shall meet the City's Ordinance for property maintenance. It is also understood that $200,000 shall be utilized to maintain the City's entry points and business corridors. Maintenance shall include but not be limited to, graffiti removal, weed abatement, tree trimming, blight abatement and other maintenance as deemed necessary. These costs are paid directly to the CBS personnel through Agency payroll and maintenance costs are paid by the Agency. There is no direct cash payment to the City. 2. $13,000 City Public Information Officer ("PIO"). The Agency shall receive the services in of the City's PIO to include, but not be limited to, the drafting and delivery of Agency's Press Releases, coordination of Press for certain Agency sponsored events and liaison with City Departments during the planning of Agency events as needed. 3. $125,000 Human Resources and Risk Management. Human Resources: • Recruitment/Selection services — Coordinate hiring process with department, develop recruitment plan, and advertise, screen applicants, schedule testing/interviews, write/review interview questions for legal compliance, conduct background check on applicants, conduct employee orientation. • Selection services — Coordinate background review of applicant, write letters of conditional offer, schedule physical examination, prepare Personnel Action Forms, schedule employee orientation. • Classification services — Develop and update job descriptions, conduct classification studies, review and respond to reclassification requests, conduct salary surveys. • Training — Provide/coordinate mandated training to employees on Sexual Harassment/Discrimination and Supervisory Skills, as well as other training include EDA employees in the City Management Development Program (succession planning). 12 . •.. .. __�. «._._—..�..e.....,d�nl(1\MIM1III m♦v,ann 10.1ld- • Employee Relations — Advise managers on employee performance/disciplinary issues, administer FMLA, create/update HR related policies and procedures, review existing personnel files for compliance with law and make changes as necessary. Benefit Services — Assist employees with insurance, retirement and other benefit problems, analyze existing Ca1PERS health benefits to City health benefits for cost savings/benefit enhancements. • Employee Personnel Files — Maintain employee personnel files and separate employee medical files. • EEO — Investigate complaints of harassment/discrimination, respond to DFEH/EEOC complaints, and provide mandated EEO information. Risk Management: • Assist managers and supervisors in conducting training seminars to provide employees with information regarding safe work practices and accident prevention methods. • Investigate, document, verify, review, negotiate, adjust and settle claims against the EDA. • Conduct field surveys of EDA properties and facilities to identify potential hazards and safety violations. • Evaluate, identify, and determine methods to improve or correct workplace hazards. • Advise EDA on Cal/OSHA and Federal/OSHA regulations. • Advise EDA managers, supervisors, and employees on accident prevention and elimination of unsafe working conditions. • Investigate employee accidents for committee review in order to determine preventability. • Perform a variety of administrative tasks in the City's self-insurance and insurance programs to include the maintenance of records. • Gather data for preparation of insurance applications and budget allocations. • Analyze accident and damage reports for potential subrogation actions and liability exposure. • Coordinate with DMV Pull Notice Program and assist in instructing staff on defensive driving procedures. • Establish and maintain a variety of files and records regarding safety compliance issues. • Serve as EDA representative when an enforcement agency (EPA, AQMD, CAL/OSHA, Federal/OSHA) inspector is conducting an inspection or investigation. 4. CATV- On February 2, 2009, the Mayor and Common Council (Resolution No. 2009-23) and the Community Development Commission (Resolution No.CDC/2009-5) approved an Agreement related to the transfer of the CATV employees from the City to the Agency. Included in said Agreement were provisions related to the provision of and payment for certain direct services by the City to the Agency on behalf of the CATV employees. Those services are Information Technology, telephone and fleet services. These services per the Agreement were to be billed at the "actual cost" for the provision of the services. 13 P:Ngendes\AgeMs Aruchmenftlgeude AttsctunentsVtrmts-Amend 201O�30-10 EDA Budget-b ter SeMms Agteemem P t0.11.dm EXHIBIT "C" OTHER AGENCY ASSUMED CITY COST ITEMS Economic Development Agency City of San Bernardino List of Agency Funded City Obligations As of June 1, 2010 FY 09-10 FY 10-11 City Obligations/Expenditure - Budgeted Amount Amount A. Revenues not received by Agency- Budget reductions 1 South Valle COP Bond City reimbursement 176,000 176,000 2 City sales tax reimbursements(La Curacao est) 140,000 140,000 3 City payment HUB project costs$6.9 million notes est 200,000 600,000 4 Rent and utilities to EDA for 201 N and 1350 S E buildings 162,400 216,000 B. Expenditures of Agency Budget additions/on-going 1 Commission/Chairperson's office 196,000 211,250 2 Council offices 50,000 145,000 3 City Attorney Investigators/legal services 150,000 200,000 4 City Finance admin water credit program 8,000 8,000 5 City Mobile Home Inspection 32,800 32,800 6 City Telecom 350,000 0 7 City Parks and Rec landscaping maintenance 250,000 300,000 8 City Planners- hired by Agency/not reimbursement 250,000 0 9 City portion Welcome Center 25,000 25,000 0 PIO Services 0 13,000 11 City HR services to Agency 125,000 125,000 12 Carousel Mail security 337,500 440,000 13 Carousel Mall maintenance/utilities (Direct payment) 350,000 375,000 14 Carousel Mall janitorial 70,000 20,000 15 Police costs related to Carousel Mall 267,100 300,900 16 SB Convention and Visitor's Bureau 460,000 200,000 17 GIS Intern 45,000 0 18 Operation Phoenix utility costs 12,000 12,000 19 Enterprise Zone expenditures 90,000 41,900 20 IEEP/Film Commission 50,000 50,000 21 Code Displacement City Attorney Office 300,000 200,000 22 COP payment Central Police Dept Building 490,000 490,000 23 Library debt bond payment 690,000 690,000 24 Bond debt service Police Facility ($9 million matures 2026) 765,000 765,000 25 Bond debt service Stadium ($13 million matures 2026) 1,190,000 1,190,000 26 Bond debt service Soccer Park($2.9 million matures 2026) 255,000 255,000 27 State Lobbyist 20,000 20,000 28 Federal Lobbyist 50,000 22,500 Total including other on-going Agency expenditures 7,556,800 7,264,350 I RESOLUTION NO. COPT 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE EXECUTION AND 3 DELIVERY OF AN AGENCY-CITY 2010 LOAN AGREEMENT AND 2010-2011 4 NOTE OF THE CITY OF SAN BERNARDINO ("CITY") PAYABLE TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 5 ("AGENCY")IN THE PRINCIPAL AMOUNT EQUAL TO$1,332,925 FOR THE REPAYMENT OF THE $1,310,000 PRINCIPAL AMOUNT OF THE 2009-2010 6 NOTE FROM THE CITY TO THE AGENCY 7 8 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 9 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 10 California; and 11 WHEREAS, the Community Development Commission of the City of San Bernardino (the 12 "Commission') acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 13 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, 14 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 15 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act'); 16 and 17 WHEREAS, the City and the Agency previously entered into that certain loan agreement 18 designated as the"Interim Loan Agreement"dated as of August 17,2009(the"Agency-City 2009 Loan 19 Agreement')and that certain Revenue Anticipation Note,dated as of August 17,2009(the"2009-2010 20 Note") in the original principal amount equal to $1,310,000 which pursuant to the terms of the 21 applicable loan agreement was required to be repaid by the City to the Agency,together with interest at 22 the rate of interest per annum as set forth in the Agency-City 2009 Loan Agreement, on or before June 23 30, 2010. Due to the severe financial crisis that the City continues to experience and the financial 24 inability of the City to timely repay the principal of and interest on the Agency-City 2009 Loan 25 Agreement, the City now desires to extend the final date for the remittance of all payments of the 26 principal of and interest on the Agency-City 2009 Loan Agreement to June 30, 2011. The current 27 outstanding balance of the Agency-City 2009 Loan Agreement, together with accrued and unpaid �•/ 28 interest thereon, is equal to $1,332,925 (the"201110-2011 Outstanding Balance"); and P V gendasV esolutionsU csalutions@ 010\06-3010 ENA Budget Ad000n-City Note CDC Rao Kdac 19- 30^ tv 1 2 WHEREAS, it is appropriate at this time for the Commission to approve and authorize the 3 execution and delivery of an Interim Loan Agreement(the"Agency-City 2010 Loan Agreement')and a 4 Revenue Anticipation Note of the City(the"2010-2011 Note")payable to the Agency in the principal 5 amount equal to $1,332,925 for the repayment of the 2009-2010 Note. 6 NOW,THEREFORE,THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 7 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS: 8 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 9 reference. 10 Section 2. The Commission hereby approves the Agency-City 2010 Loan Agreement in the 11 form as attached to this Resolution as Exhibit"A"and hereby approves the 2010-2011 Note in the form 12 as attached to this Resolution as Exhibit `B" with such changes thereto as may be approved by the 13 Interim Executive Director of the Agency when such terms and conditions have been ascertained. 14 Section 3. This Resolution shall take effect from and after its date of adoption by this 15 Commission. 16 17 18 19 20 21 22 23 24 25 26 Q27 28 2 P Wgendwamlutionsaesolutions\010\06-30-10 EDA Budget Adoption-City Note CDC Reno K.due 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF - THE CITY OF SAN BERNARDINO APPROVING THE EXECUTION AND �.. 2 DELIVERY OF AN AGENCY-CITY 2010 LOAN AGREEMENT AND 2010-2011 NOTE OF THE CITY OF SAN BERNARDINO ("CITY") PAYABLE TO THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY")IN THE PRINCIPAL AMOUNT EQUAL TO$1,332,925 FOR THE 4 REPAYMENT OF THE $1,310,000 PRINCIPAL AMOUNT OF THE 2009-2010 5 NOTE FROM THE CITY TO THE AGENCY 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 meeting 8 thereof, held on the day of 2010,by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ 11 DESJARDINS — 12 BRINKER — 13 SHORETT — 14 KELLEY _ 15 JOHNSON — MC CAMMACK 16 17 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 12010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 Approved as to Form: 25 26 By: 27 Agency Co el 28 3 P:NgendaiAC lutionsVie imions�010\0 3 I0mABu4ee Adoption-City Nme CM Reno K.dac EXHIBIT "A" 1 2 Agency-City 2010 Loan Agreement 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:kA ss\P s lutiom� cwlutionsV010� 30-10 EDA Budges Adoption-CCityDC Note C R� pK dm LOAN AGREEMENT THIS AGREEMENT (this "Agreement') is entered into as of this 30a' day of June, 2010, by and between the City of San Bernardino, a charter city, organized under the Constitution and laws of the State of California (the "Borrower" or the "City"), and the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Lender" or the "Agency"). In this Agreement, any reference to a "Party" shall mean either the Borrower or the Lender and any reference to the "Parties" shall collectively mean both the Borrower and the Lender. RECITALS WHEREAS, the Borrower desires to borrow funds from the Lender in accordance with and pursuant to this Agreement and the Revenue Anticipation Note (as defined below); and WHEREAS, the Borrower is of the reasonable understanding that adequate financial resources will be made available to repay the financial obligations incurred by the Borrower pursuant to this Agreement within the current fiscal year of the Borrower, and the Borrower does not intend to seek to have the financial obligations of this Agreement and the Revenue Anticipation Note forgiven or otherwise compromised to the financial detriment of the Lender; and WHEREAS,the Parties intend that this Agreement and the Revenue Anticipation Note be deemed for all purposes to be a legally enforceable contractual obligation between the Parties in full compliance with the City Charter and all other applicable provisions of California law with respect to the City and the limitations on the incurring of long-term debt obligations and in full compliance with all requirements of the Community Redevelopment Law ("CRL") with respect to the Agency for the use and investment of tax increment revenues of the Agency pending the final disposition or ultimate use of such assets of the Agency in furtherance of its redevelopment purposes and in compliance with the CRL; and WHEREAS, the Agency loaned an amount equal to $1,310,000 which together with accrued and unpaid interest is equal to $1,332,925 pursuant to that certain promissory note (the "2009-10 Note") and loan agreement duly approved and executed by the Parties for the 2009-10 fiscal year of the Parties(the"2009-10 Loan"); and WHEREAS, the Lender desires to make one (1) principal advance to the Borrower in accordance with and pursuant to this Agreement and the Revenue Anticipation Note for the sole purpose of repaying in full the principal and accrued and unpaid interest, with respect to the 2009-10 Note. NOW, THEREFORE, in consideration of the above recitals of this Agreement, and for such other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the Parties hereto agree as follows: I P UgeWmA ede Anadvoe \Agenb nnacNm \AVmunmene 2010D 3"O FDA BWgm•L Apeemem.d 1. The Loan. The Lender shall loan to the Borrower a principal amount not to exceed One Million Three Hundred Thirty-Two Thousand Nine Hundred Twenty-Five Dollars ($1,332,925), (the "Loan"), as evidenced by the 2010-11 Revenue Anticipation Note, dated concurrently herewith, as executed by the Borrower in favor of the Lender (the "Revenue Anticipation Note" or the "Note"). The Lender shall make one (1) advance of principal to or for the account of the Borrower in the principal amount not to exceed One Million Three Hundred Thirty-Two Thousand Nine Hundred Twenty-Five Dollars ($1,332,925), in the aggregate, subject to the terms, covenants and conditions of the Revenue Anticipation Note and this Agreement. The Loan is not a revolving loan, and any amount of the Loan repaid by the Borrower to the Lender may not be re-borrowed by the Borrower. Upon three (3) business days' prior written notice from the Borrower to the Lender, the Lender shall disburse to the Borrower the requested advance under the Revenue Anticipation Note. The Revenue Anticipation Note is attached hereto and incorporated herein by this reference as Exhibit "A." The purpose of such advance shall be deemed to have been made for purposes of repaying in whole the principal amount and accrued and unpaid interest on the 2009-10 Loan and for no other purposes. 2. Interest. Interest shall accrue and compound daily at the per annum interest rate of 1.75% (the "Interest Rate") on the unpaid principal balance of the Loan advance made by the Lender to the Borrower commencing on the date of disbursement of the Loan advance by the Lender to the Borrower until paid in full by the Borrower to the Lender, in accordance with and subject to the terms, covenants and conditions of the Revenue Anticipation Note and this Agreement. Interest shall be calculated on the actual number of days in a year equal to either 365 or 366 days and such calculation of interest shall be compounded on a daily basis while any amount of the Indebtedness remains unpaid and outstanding. In the Event of a Default (as defined in Section 7 of this Agreement), interest shall accrue at the Default Interest Rate (as defined in Section 4 of this Agreement) on the Indebtedness (as defined in Section 4 of this Agreement) from the Maturity Date (as defined in Section 4 of this Agreement) until paid in full by the Borrower to the Lender. 3. Prepayment. The unpaid principal amount and any interest owing under the Revenue Anticipation Note may be prepaid by the Borrower to the Lender, at any time, in whole or in part, without premium or penalty, prior to the Maturity Date together with accrued and unpaid interest to the date of any such prepayment. 4. Repayment of the Loan Principal and Interest. No periodic payments of either (i) principal and interest, or (ii) interest-only, are due and payable by the Borrower to the Lender during the term of the Revenue Anticipation Note. On June 30, 2011 (the "Maturity Date"), the Borrower shall pay to the Lender the unpaid principal amount advanced by the Lender to the Borrower under the Revenue Anticipation Note, and all accrued and unpaid interest at the Interest Rate accruing from the date of the Revenue 2 P.NgeMaslAgenda Anadmenu�Agenda Attach..Uu gmns-Amend 2010\0 lJ I0 MA Budg".Loan AW4 ment dm Anticipation Note on the unpaid principal amount advanced by the Lender to the Borrower under the Revenue Anticipation Note, and any other amounts due under the Revenue Anticipation Note and this Agreement, including, without limitation, attorneys' fees and court costs (collectively, the "Indebtedness"). If the Borrower fails to pay the Indebtedness to the Lender on the Maturity Date, the Borrower shall pay to the Lender, on written demand from the Lender, a late charge in the amount of three percent (3%) of the unpaid principal amount of the Loan. Further, without notice or demand from the Lender to the Borrower, interest shall accrue on the Indebtedness at the rate of the Interest Rate plus two (2) percentage points (i.e., two hundred (200) basis points) (the "Default Interest Rate") from the Maturity Date until the Indebtedness is paid by the Borrower to the Lender in full, should the Borrower fail or refuse to pay to the Lender the Indebtedness due on the Maturity Date. The Lender shall charge the Borrower no origination points or loan fees in connection with the making of the Loan by the Lender to the Borrower. 5. No Security: Borrower Payment Covenant. The Loan is not secured by the pledge of, the assignment of, or the granting of any security interest in, the assets, funds, revenues or properties of the Borrower but this Loan shall be a general obligation of the City in accordance with Government Code Section 53857. Further, the obligations of the Borrower under the Revenue Anticipation Note and under this Agreement are not guaranteed by any entity or individual. The Borrower hereby agrees and covenants to appropriate funds to permit the Borrower to pay to the Lender the Indebtedness on or before the Maturity Date. 6. Representations. Warranties and Covenants of Borrower. The Borrower represents, warrants and covenants to the Lender, as follows: (a) The Borrower is a charter city, has been duly organized under the laws and Constitution of the State of California and has the power and authority to enter into this Agreement and to incur the obligations under the Revenue Anticipation Note. (b) The execution of this Agreement and of the Revenue Anticipation Note has been duly authorized by the Mayor and Common Council of the City of San Bernardino as the legislative body of the Borrower and such execution does not require the approval or consent of any other governmental entity. (c) No governmental or regulatory approvals that have not been previously obtained by the Borrower are required for the due approval, execution and delivery by the Borrower of this Agreement and of the Revenue Anticipation Note. (d) This Agreement and the Revenue Anticipation Note have been, and will be, duly executed and delivered by the Borrower and this Agreement and the Revenue Anticipation Note do, and will, constitute valid and binding obligations of the Borrower, payable from the revenues, funds and assets, generally, of the Borrower as set forth herein and in the Revenue Anticipation Note. 3 P Ugendas\Agenda AnachmeneUgenda AnnchmentsUgrm�sAmend 5010\0630.10 EDA Budge-L..Ageement d« (e) The Borrower shall deliver to the Lender, within thirty (30) calendar days after receipt by the Borrower of written request from the Lender, audit statements and budgets, financial statements and/or such any other information, studies and reports (singularly and collectively, the "Reports") requested by the Lender, as prepared by the Borrower at its sole cost and expense, which Reports shall be reasonably acceptable to the Lender. (f) The representations, warranties and covenants of the Borrower contained in this Agreement and in the Recitals hereof shall be true and correct in all material respects on and as of the date that the Lender disburses the Loan advance under the Revenue Anticipation Note and under this Agreement (the "Funding Date"), with the same force and effect as though such representations, warranties and covenants had been made on such Funding Date. (g) On such Funding Date, the Borrower shall not be in default under the Revenue Anticipation Note or under this Agreement. The Borrower shall not, to the best of the Borrower's knowledge, contravene any provision of federal, state, municipal or local law, statute, rule or regulation, as amended from time to time, and the Borrower shall not conflict or be inconsistent with or result in any breach of any terms, covenants or provisions of, or constitute a default under, or result in the creation or imposition of a lien pursuant to the terms of any loan agreement, credit agreement or any other agreement, contract or instrument to which the Borrower is a party or by which the Borrower is bound or to which the Borrower may be subject. 7. Events of Default. (a) By Lender. The following shall constitute an event of default by the Lender: (i) the failure by the Lender to fund the Loan in accordance with the Revenue Anticipation Note and this Agreement within thirty (30) calendar days after the written request by the Borrower to the Lender, provided the Borrower is not in default under the Revenue Anticipation Note or this Agreement. (b) By Borrower. The failure by the Borrower to pay to the Lender the Indebtedness on or before the Maturity Date shall constitute an event of default by the Borrower. 8. Remedies. Upon a default by the Lender, the Borrower may seek appropriate legal, injunctive or equitable relief to enforce the obligations of the Lender under this Agreement. Upon a default by the Borrower, the Lender may institute any proceeding at law or in equity to enforce the obligations of the Borrower under the Revenue Anticipation Note and/or under this Agreement. In any action brought under this Agreement, the prevailing Party shall be entitled to reimbursement from the other Party of its costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) in bringing such action. Reasonable attorneys' fees shall include, without limitation the costs, salary and expenses of the City Attorney for the City, and members of his office in enforcing this Agreement and/or the Revenue Anticipation Note. 4 P Wgndu'Agenda A.hmma\ &.de Amchmrnm\A,.tb-Amend 2010\0630-10 EDA 9ud,n-Lo.Agrte do 9. Assignment. The Lender shall be entitled to, and may assign this Agreement and the Revenue Anticipation Note and the Lender's right to receive the Indebtedness under the Revenue Anticipation Note and under this Agreement to any other entity or individual, without obtaining the prior consent from the Borrower. The Borrower shall not delegate its obligations under this Agreement and/or under the Revenue Anticipation Note, without the prior written consent of the Lender, which written consent may be given or withheld in the sole and absolute discretion of the Lender. 10. Term. This Agreement shall terminate upon the payment in full by the Borrower to the Lender of the Indebtedness. 11. Notices. Notices shall be presented in person or by certified or registered United States mail, return receipt requested, postage prepaid, or by overnight delivery made by a nationally recognized delivery service to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This Section shall not prevent giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either Parry may change its address for receipt of written notice by so notifying the other Party in writing. To Lender: Redevelopment Agency of the City of San Bernardino 201 North"E" Street, Suite 301 San Bernardino, California 92401 Attention: Emil A. Marzullo, Interim Executive Director Phone: (909)663-1044 Fax: (909) 888-9413 To Borrower: City of San Bernardino 300 North"D" Street, Sixth Floor San Bernardino, California 92418 Attention: Charles McNeely, City Manager Phone: (909) 384-5122 Fax: (909) 5138 12. Governing Law: Jurisdiction. This Agreement shall be governed by the laws of the State of California, and in the event either Party seeks judicial relief or seeks to enforce or to interpret any provision of this Agreement and/or the Revenue Anticipation Note, such actions shall be filed in the Superior 5 P:Wger wu gei a A=chmen&Agenda As hm tsV nms-Amend 201M\ 3& 1DEDA Budgtt-Loan AW"mentdw Court of San Bernardino County, State of California, Main Branch, in the City of San Bernardino, California. 13. Entire Agreement. This Agreement and the Revenue Anticipation Note constitute the entire agreement between the Parties and may not be amended without the prior written consent of the Parties hereto. This Agreement and the Revenue Anticipation Note supersede all prior negotiations, discussions and previous agreements between the Parties concerning the subject matter herein and therein. The Parties intend this Agreement and the Revenue Anticipation Note to be the final expression of their agreement with respect to the terms herein and a complete and exclusive statement of such terms. No modification, amendment or waiver of any term herein shall be binding unless executed in writing by the Parties hereto. 14. Amendment. This Agreement and the Revenue Anticipation Note may be amended and the times for performance hereunder and pursuant to the Revenue Anticipation Note may be extended as deemed necessary by written instruments duly approved and executed by the Parties hereto and thereto and approved by the respective governing bodies of the Parties. Any such amendments or modifications shall be valid, binding and legally enforceable only if in written form and executed by the Parties hereto after the same have been duly approved and authorized for execution. 15. Severability. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the extent permitted by law. 16. No Waiver by the Lender. No waiver of any breach, default or failure of condition under the terms of the Revenue Anticipation Note or under this Agreement shall be thereby implied from any failure of the Lender to take, or any delay by the Lender in taking action with respect to such breach, default or failure or from any previous waiver of any similar or related breach, default or failure; and a waiver of any term of the Revenue Anticipation Note or this Agreement must be made in writing and shall be limited to the express written terms of such waiver. Borrower waives presentment, protest and demand, notice of protest, demand and dishonor,and any and all other notices or matters of a like nature. 17. Successors and Assigns. The promises and agreements herein contained shall bind and inure to the benefit of, as applicable, the respective administrators, successors and assigns of the Parties. 6 P WgeOdes p.&An hm..U�,,.des Ar.hmeml Ag m-Amend 2010b-30-10 EDA Budges-L .A,rc.m w d« IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. LENDER Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: Agency Couns BORROWER City of San Bernardino, a charter city By. City Manager (SEAL) ATTEST: By: City Clerk Approved As To Form: By: City Attorney 7 P:UgeMesUgcMa ApachmcnssUgeMs AmxhmmnsUgrms-Ammd]01006]0.10EDA Budgm-LOav Ag mensda 1 EXHIBIT"B" 2 2010-2011 Note 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 P'.WgenduRtrsolutiom%RUO tionxt101MM-30-10 IDA Budgn Adoption-City Node CDC Reno K don ® REVENUE ANTICIPATION NOTE $1,332,925 June 30, 2010 FOR VALUE RECEIVED, the undersigned, the City of San Bernardino, a charter city organized under the laws of the State of California(the"Borrower"or the"City"),hereby promises to pay to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic(the"Lender"or the"Agency'),or to order,at the following address,201 North"E" Street, Suite 301,San Bernardino,California 92401,or at such other place as the Lender may from time to time designate by written notice to the Borrower,in lawful money of the United States,the principal sum of One Million Three Hundred Thirty Two Thousand Nine Hundred Twenty Five Dollars ($1,332,925), with interest in accordance with this Revenue Anticipation Note on the unpaid principal balance from the date of this Revenue Anticipation Note,and all other amounts due under this Revenue Anticipation Note,until paid in full by the Borrower to the Lender. The obligation of the Borrower with respect to this Note is also governed by the loan agreement, as executed by and between the Borrower and the Lender concurrently herewith (the"Loan Agreement"). 1. Principal Advance. This 2010-11 Revenue Anticipation Note(this"Note"or this"Revenue Anticipation Note") evidences the obligation of the Borrower to the Lender for the repayment of the loan(the"Loan")made by the Borrower to the Lender under this Revenue Anticipation Note and under the Loan Agreement. The Lender may make one(1) advance of principal to the Borrower in the principal amount not to exceed One Million Three Hundred Thirty Two Thousand Nine Hundred Twenty Five Dollars ($1,332,925), in the aggregate,subject to the terms,covenants and conditions of this Revenue Anticipation Note and the Loan Agreement. The Loan is not a revolving loan, and any amount of the Loan repaid by the Borrower to the Lender may not be re-borrowed by the Borrower. Upon three (3) business days' prior written notice from the Borrower to the Lender, the Lender shall disburse to the Borrower the requested advance under this Revenue Anticipation Note. 2. Interest. Interest shall accrue and compound daily at the per annum interest rate of 1.75% (the "Interest Rate") on the unpaid principal balance of the Loan advance made by the Lender to the Borrower commencing on the date of disbursement of the Loan advance by the Lender to the Borrower until paid in full by the Borrower to the Lender, in accordance with and subject to the terms, covenants and conditions of this Revenue Anticipation Note and the Loan Agreement. Interest shall be calculated on the actual number of days in a year equal to either 365 or 366 days and such calculation of interest shall be compounded on a daily basis while any amount of the Indebtedness remains unpaid and outstandingln the Event of a Default(as defined in Section 5)under this Revenue Anticipation Note, interest shall accrue at the Default Interest Rate (as defined in Section 4) on the Indebtedness (as defined in Section 4)from the Maturity Date until paid in full by the Borrower to the Lender. 3. Prepayment. The unpaid principal amount and any interest owing under this Revenue Anticipation Note may be prepaid by the Borrower to the Lender,at any time,in whole or in part, without premium or penalty,prior to the Maturity Date. P?gendw�AgeMa AtmchmenuVXenda Much ats�Agrmts-Amend 201MW 30.10 EDA Budge-Revenue Mucy.m Nmedoc ® 4. Repayment of Loan Principal and Interest. No periodic payments of either(i)principal and interest,or(ii)interest-only,are due and payable by the Borrower to the Lender during the term of this Revenue Anticipation Note. On June 30, 2011 (the "Maturity Date"), the Borrower shall pay to the Lender the unpaid principal amount advanced by the Lender to the Borrower under this Revenue Anticipation Note and all accrued and unpaid interest at the Interest Rate (as defined in Section 2) , and any other amounts due under this Revenue Anticipation Note and the Loan Agreement,including,without limitation attorneys'fees and court costs(collectively,the"Indebtedness"). If the Borrower fails to pay the Indebtedness to the Lender on the Maturity Date,the Borrower shall pay to the Lender,on written demand from the Lender,a late charge in the amount of three percent (3%)of the unpaid principal amount of the Loan. Further, without notice or demand from the Lender to the Borrower, interest shall accrue on the Indebtedness at the rate of the Interest Rate plus two (2) percentage points(i.e.,two hundred(200)basis points)(the"Default Interest Rate")from the Maturity Date until the Indebtedness is paid by the Borrower to the Lender in full,should the Borrower fail or refuse to pay to the Lender the Indebtedness due on the Maturity Date. 5. Acceleration of Payment. The Indebtedness of this Loan shall become immediately due and payable by the Borrower to the Lender,at the option of the holder and without demand or notice from the Lender to the Borrower,should the Borrower fail to pay any amount due and payable under this Revenue Anticipation Note or under the Loan Agreement(and"Event of Default"). Upon the occurrence of an Event of Default,the Lender shall be permitted to exercise and enforce all rights and remedies available to the Lender, under this Revenue Anticipation Note, under this Loan Agreement, at law or in equity. ® 6. Application of Payments. All payments received on account of this Revenue Anticipation Note shall first be applied to all attorneys' fees,court costs and all other costs due under this Revenue Anticipation Note and under the Loan Agreement, then to all accrued and unpaid interest due under this Revenue Anticipation Note, and then to the reduction of the unpaid principal amount. 7. Attorneys' Fees. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees,which may be incurred by the Lender in the enforcement of this Revenue Anticipation Note. For purposes of this Revenue Anticipation Note,attorneys'fees shall include,without limitation,the costs, salary and expenses of the City Attorney for the City, and members of his office in enforcing this Revenue Anticipation Note. 8. Notices. Except as may be otherwise specified herein, any approval, notice, direction, consent,request or other action by the Lender shall be in writing and must be communicated to the Borrower at 300 North "D" Street, City Hall, Sixth Floor, San Bernardino, State of California, to the attention of the City Manager, or at such other place or places as the Borrower shall designate to the Lender in writing, from time to time, for the receipt of communications from the Lender. Notice shall be given as provided in Section I 1 of the Loan Agreement. 9. Governine Law. This Revenue Anticipation Note shall be construed in accordance with and be governed by the laws of the State of California with venue as provided in the Loan Agreement. 2 Wgendas\Agenda Amac a,\Agenda Anach .,'Agmu- .d 3010\063610 EDA Budge.Rw.A 61.wn Nom dw ® 10. Severability. If any provision of this Revenue Anticipation Note shall be declared invalid, illegal or unenforceable,the validity,legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and such remaining provisions shall be valid and enforceable to the extend permitted by law 11. No Waiver by the Lender. No waiver of any breach, default or failure of condition under the terms of this Revenue Anticipation Note or under the Loan Agreement shall be thereby be implied from any failure of the Lender to take,or any delay by the Lender in taking action with respect to such breach,default or failure or from any previous waiver of any similar or related breach,default or failure;and a waiver of any term of this Revenue Anticipation Note or the Loan Agreement must be made in writing and shall be limited to the express written terms of such waiver. Borrower waives presentment,protest and demand,notice of protest, demand and dishonor; and any and all other notices or matters of a like nature. 12. Usury/Maximum Interest Rate. All agreements between the Borrower and the Lender are expressly limited,so that in no event or contingency,whether because of the advancement of the proceeds of this Revenue Anticipation Note, acceleration of maturity of the unpaid principal balance,or otherwise,shall the amount paid or agreed to be paid to the Lender for the use, forbearance, or retention of the money to be advanced under this Revenue Anticipation Note exceed the highest lawful rate permissible under applicable usury or other laws governing interests rates for public agencies. 13. Successors and Assigns. The promises and agreements herein contained shall bind and Q inure to the benefit of,as applicable,the respective administrators,successors and assigns of the parties. Executed as of the date set forth above at San Bernardino, California. City of San Bernardino By: City Manager Approved as to Form: City Attorney P.1Agendss4lgenda AttuhmemsUgenda Ana<hmnrtxWgtmts-AmeM 2010106-30-10 EDA Budge-Revenue Anticipation Nate d I RESOLUTION NO. C 0 n 2 [P 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING 4 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES, EXCEPT FOR THOSE PORTIONS OF CERTAIN 5 BUDGET LINES WHICH ARE RELATED TO THE UPTOWN AND 6 CENTRAL CITY PROJECTS REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH j 7 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010- 8 2011 BUDGET 9 WHEREAS, the Community Development Commission of the City of San Bernardino 10 ("Commission"), having budget hearings on June 17 2010 June 23 2010 and June 30 2010 �" ) g g g , 11 desires to continue the fiscal year 2010-2011 expenditures, except for those portions of certain 12 Budget Lines which are related to the Economic Development Agency Uptown and Central City 13 projects Redevelopment Project Areas, at the budgeted level for the 2009-2010 fiscal year, with 14 allowance for those budgeted items having prior Commission approval, pending final approval of 15 the fiscal year 2010-2011 budget. 16 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 17 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 18 FOLLOWS: 19 Section 1. The Commission hereby authorizes the Agency to continue fiscal year 2010- 20 2011 expenditures, except for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801 4900, 21 4940, 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 6020, 6021, 22 23 6103, 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003, 7102, 7302, 7403, 8002, 8003 24 which are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2009- 25 2010 fiscal year, with allowance for those budgeted items having prior Commission approval, 26 pending final approval of the 2010-2011 budget. 27 Section 2. The Commission hereby authorizes the Agency to continue fiscal year 2010- �' 28 2011 expenditures, except for those portions of Budget Lines 4012, 4019, 4200, 4500, 4801, 4810, 1 P:Ugend+stile,oAlumUtesolwbs13010W6-30-IO EDA Budget Adogion Uptown F 10-I1-Aitemmiw CDC Re D.doc 1 4900, 4940, 5010-5024, 6104, 6301-6306, 6401, 6402, 6500, 6600, 7102, 7302, 7403, 8003 which 2 are related to the Central City Projects Redevelopment Area, at the budgeted level for the 2009-2010 3 fiscal year, with allowance for those budgeted items having prior Commission approval, pending 4 final approval of the 2010-2011 budget. 5 6 Section 3. This Resolution shall take effect upon the date of its adoption. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 Ill 25 26 27 28 2 PMgeMasVteroWtb"s Cmlutnns1 OIM-30-10 EDA Budget Adogiun Uptown FY 10-I I-Alle u ivc CDC 2cm D.&c 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE 2 ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES, 3 EXCEPT FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO THE UPTOWN AND CENTRAL CITY PROJECTS 4 REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH ALLOWANCE FOR THOSE 5 BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010-2011 BUDGET 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of 2010,by the following vote to wit: i0 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — DESJARDINS 12 — BRINKER _ 13 — SHORETT _ 14 �-; KELLEY — �' 15 JOHNSON — 16 MC CAMMACK 17 — 18 19 Secretary 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 By: 27 AgencY­Cda6el 28 3 P:UgeMasVttsolutionsVtewluiou13010`A6-)0.10 EDA Budget Adoption Uptown FY 10.11-ALLvretive CDC Rm D.doo 1 RESOLUTION NO. © PD 2 L 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING 4 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES FOR THOSE PORTIONS OF CERTAIN BUDGET 5 LINES, WHICH ARE RELATED TO THE CENTRAL CITY PROJECTS 6 AND UPTOWN REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH 7 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010- 8 2011 BUDGET 9 WHEREAS, the Community Development Commission ("Commission"), having budget 10 hearings on June 17, 2010, June 23, 2010 and June 30, 2010, desires to continue the fiscal year 11 2010-2011 expenditures for those portions of certain Budget Lines, which are related to the 12 Economic Development Agency Central City Projects Redevelopment Project Area and the Uptown 13 Redevelopment Project Area, at the budgeted level for the 2009-2010 fiscal year, with allowance for 14 those budgeted items havin g p rior Commission approval, final approval of the fiscal year 15 2010-2011 budget. 16 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 17 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 18 FOLLOWS: 19 Section 1. The Commission hereby authorizes the Agency to continue fiscal year 2010- 20 2011 expenditures for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801 4900, 4940, 21 22 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 6020, 6021, 6103, 23 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003, 7102, 7302, 7403, 8002, 8003which 24 are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2009-2010 25 fiscal year, with allowance for those budgeted items having prior Commission approval, pending 26 final approval of the 2010-2011 budget. 27 Section 2. The Commission hereby authorizes the Agency to continue fiscal year 2010- 28 2011 expenditures for those portions of Budget Lines 4012, 4019, 4200, 4500, 4801, 4810, 4900, 1 4 25 R:UgeMasV Iutioms mlutiomUOI \ 30-10 EDA Budget Adoption Centnl City&Uptown F 10-11-Altenutive CDC Rao E.doo 1 11. % mom 1 4940, 5010-5024, 6104, 6301-6306, 6401, 6402, 6500, 6600, 7102, 7302, 7403, 8003 which are 2 related to the Central City Projects Redevelopment Project Area, at the budgeted level for the 2009- 3 2010 fiscal year, with allowance for those budgeted items having prior Commission approval, 4 pending final approval of the 2010-2011 budget. 5 Section 3. This Resolution shall take effect upon the date of its adoption. 6 7 9 10 11 12 13 14 ' 15 16 17 0/ 18 19 20 21 22 23 24 25 26 27 28 2 P.UgeM Vtc lutionsUcwlutions401 30-10 EDA Eudg,,Adoptnn CcntW City @Uptw FY I0.0-AJe iv CDC Rew E.&c 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING 2 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE 3 EXPENDITURES FOR THOSE PORTIONS OF CERTAIN BUDGET LINES, WHICH ARE RELATED TO THE CENTRAL CITY PROJECTS 4 AND UPTOWN REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH 5 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010- 6 2011 BUDGET 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS 13 BRINKER — 14 SHORETT _ _15 KELLEY — 16 JOHNSON 17 MC CAMMACK 18 19 Secretary 20 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 Patrick J. Moms,Chairperson Community Development Commission 24 of the City of San Bernardino 25 Approved as to Form: 26 27 By: Agency qunsel W 28 3 P:N,c asVle tl,t tts� .iutions130t O1 -30.10EDAH.d,o Adnpdun Cs City&Uptownp 10.11-Alternative CDCRew E.doc 1 RESOLUTION NO. C O P 7 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING 4 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES, EXCEPT FOR THOSE PORTIONS OF CERTAIN 5 BUDGET LINES WHICH ARE RELATED TO THE UPTOWN AND 6 CENTRAL CITY PROJECTS REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH 7 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010- 8 2011 BUDGET 9 WHEREAS, the Community Development Commission of the City of San Bernardino 10 ("Commission"), having budget hearings on June 17, 2010, June 23, 2010 and June 30, 2010, 11 desires to continue the fiscal year 2010-2011 expenditures, except for those portions of certain 12 Budget Lines which are related to the Economic Development Agency Uptown and Central City 13 Projects Redevelopment Project Areas, at the budgeted level for the 2009-2010 fiscal year, with 14 allowance for those budgeted items having prior Commission approval, pending final approval of 15 the fiscal year 2010-2011 budget. 16 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 17 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 18 FOLLOWS: 19 Section 1. The Commission hereby authorizes the Agency to continue fiscal year 2010- 20 2011 expenditures, except for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801 4900, 21 22 4940, 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 6020, 6021, 23 6103, 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003, 7102, 7302, 7403, 8002, 8003 24 which are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2009- 25 2010 fiscal year, with allowance for those budgeted items having prior Commission approval, 26 pending final approval of the 2010-2011 budget. 27 Section 2. The Commission hereby authorizes the Agency to continue fiscal year 2010- 28 2011 expenditures, except for those portions of Budget Lines 4012, 4019, 4200, 4500, 4801, 4810, P:UgcmasU temlutims\Rmtutiom12010t0630.10BDA Budget Adoption Uptown FY 10-II-AIIenudim CDC Rc D.doc p:r 1 4900, 4940, 5010-5024, 6104, 6301-6306, 6401, 6402, 6500, 6600, 7102, 7302, 7403, 8003 which 2 are related to the Central City Projects Redevelopment Area, at the budgeted level for the 2009-2010 3 fiscal year, with allowance for those budgeted items having prior Commission approval, pending 4 final approval of the 2010-2011 budget. 5 6 Section 3. This Resolution shall take effect upon the date of its adoption. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:l gendasUtesalutionslResolmlons 13010106-30-10 EDA Bu dget Adoption Uptown FY 10-11-Altematiw CDC Reso D.don 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE 2 ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES, 3 EXCEPT FOR THOSE PORTIONS OF CERTAIN BUDGET LINES WHICH ARE RELATED TO THE UPTOWN AND CENTRAL CITY PROJECTS 4 REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH ALLOWANCE FOR THOSE 5 BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010-2011 BUDGET 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of 2010, by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS — 13 BRINKER 14 — SHORETT _ — KELLEY _ 15 JOHNSON — 16 MC CAMMACK 17 — 18 19 Secretary 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 By: 27 Agency Co nsel 28 3 P;V genhs\RmluiionsTesolutions\2010\06-30-10 EDA Budga Adoption Uptown FY 10-11-A1lemutive CDC Rem D doe 1 RESOLUTION NO. Copy 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING 4 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE EXPENDITURES FOR THOSE PORTIONS OF CERTAIN BUDGET 5 LINES, WHICH ARE RELATED TO THE CENTRAL CITY PROJECTS 6 AND UPTOWN REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH 7 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010- 8 2011 BUDGET 9 WHEREAS, the Community Development Commission ("Commission"), having budget 10 hearings on June 17, 2010, June 23, 2010 and June 30, 2010, desires to continue the fiscal year 11 2010-2011 expenditures for those portions of certain Budget Lines, which are related to the 12 Economic Development Agency Central City Projects Redevelopment Project Area and the Uptown 13 Redevelopment Project Area, at the budgeted level for the 2009-2010 fiscal year, with allowance for 14 those budgeted items having prior Commission approval, pending final approval of the fiscal year 15 2010-2011 budget. 16 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 17 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 18 FOLLOWS: 19 Section 1. The Commission hereby authorizes the Agency to continue fiscal year 2010- 20 2011 expenditures for those portions of Budget Lines 4011, 4012, 4200, 4500, 4801 4900, 4940, 21 22 5010-5024, 6002 through 6004, 6007 through 6012, 6014, 6016 through 6018, 6020, 6021, 6103, 23 6104, 6301-6306, 6401, 6402, 6500, 6600, 6703, 7001-7003, 7102, 7302, 7403, 8002, 8003which 24 are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2009-2010 25 fiscal year, with allowance for those budgeted items having prior Commission approval, pending 26 final approval of the 2010-2011 budget. 27 Section 2. The Commission hereby authorizes the Agency to continue fiscal year 2010- 28 2011 expenditures for those portions of Budget Lines 4012, 4019, 4200, 4500, 4801, 4810, 4900, 1 P:UgcndesVteaoWtbnsVtesoWtwna\1010\06J0-I0 EDA Budgtt Adoptgn Centel Cily&Uptown FY 10.11-Altmutive CDC Reno E.doc 1 4940, 5010-5024, 6104, 6301-6306, 6401, 6402, 6500, 6600, 7102, 7302, 7403, 8003 which are 2 related to the Central City Projects Redevelopment Project Area, at the budgeted level for the 2009- 3 2010 fiscal year, with allowance for those budgeted items having prior Commission approval, 4 pending final approval of the 2010-2011 budget. 5 6 Section 3. This Resolution shall take effect upon the date of its adoption. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P WpndasU esolutions\Rcwlutions\2010106-30.10 EDA Budgct Adoplwn Cemml City&Uptown FY 10.11-Ake Live CDC Reno E.doc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING 2 THE ECONOMIC DEVELOPMENT AGENCY TO CONTINUE 3 EXPENDITURES FOR THOSE PORTIONS OF CERTAIN BUDGET LINES, WHICH ARE RELATED TO THE CENTRAL CITY PROJECTS 4 AND UPTOWN REDEVELOPMENT PROJECT AREAS, AT THE BUDGETED LEVEL FOR THE 2009-2010 FISCAL YEAR, WITH 5 ALLOWANCE FOR THOSE BUDGETED ITEMS HAVING PRIOR COMMISSION APPROVAL, PENDING FINAL APPROVAL OF THE 2010- 6 2011 BUDGET 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on the day of 2010, by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON — 17 MC CAMMACK 18 19 Secretary 20 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 Patrick J. Moms, Chairperson Community Development Commission 24 of the City of San Bernardino 25 Approved as to Form: 26 27 By: Agency Whsel 28 3 P:UgendoslR btionsUesalutions101010630-10 EDA Budget Adoption CcNnl City 4:Uptown FY 10-11-Alternative CDC Rcm E.doc