HomeMy WebLinkAbout21-Facilities Management
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Date: April 20, 2006
Subject:
Resolution authorizing the Mayor to amend
Contract 04-257 with the County of San Bernardino and
the Boys & Girls Club of San Bernardino to provide
facility improvements at the Boys & Girls Club
using County CDBG funds.
From: James Sharer, Director
Dept: Facilities Management
ORIGINAL
MlCC Meetin~ Date:
May 15,2006
Synopsis of Previous Council Action:
3-15-04 2004-81 Resolution to Execute Contract 04-157 with the County of San Bernardino and the
Boys & Girls Club of San Bernardino to provide restroom improvements
Recommended Motion:
1. Adopt resolution, and
2. Authorize the Director of Finance to amend the FY 2005/06 Adopted Budget and increase account
# 001-321-5706 by $69,300 and the offsetting revenue account by $69,300 to reflect the
County CDBG reimbursement to be received.
Contact person: James Sharer
James W. Sharer
Director of Facilities Mana ement
Phone: 384-5244
Supporting data attached: Staff Report, Resolution,
Contract Amendment
Ward(s):
6
FUNDING REQUIREMENTS:
Amount: $69,292
Source: :
001-321-5706
Alterations and Renovations
Barbara Pachon
Director of Finance
Council Notes:
Reso. .;2.~- NiJ
Woo ~
5 ) 16/1)(,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the Mayor to amend Contract 04-157 with the County of San
Bernardino and the Boys & Girls Club of San Bernardino to provide facility
improvements at the Boys & Girls Club using County CDBG funds.
BACKGROUND
The Boys & Girls Club of San Bernardino is located in the City building at 1180 West
Ninth Street. This non-profit agency has occupied this site since 1970 and provides youth
services to City and County residents located on the west-side of the City. The Club
applied for and received a Community Development Block Grant (CDBG) from the
County to provide facility improvements. The scope of the work includes the
rehabilitation of the racquetball courts, two HV AC units, pool improvements and
security improvements.
The attached First Amendment to Contract 04-257 from the County is a three-party
contract that identifies the role of each party and their responsibilities. The City is the
property o\';ner, and is asked to provide contract management for this project. Staff has
reviewed the project and the contract and recommends approval.
FINANCIAL IMPACT
The County of San Bernardino Economic and Community Development Department has
approved this project for FY 2005-2006 using CDBG Funds in the amount of $69,292.
No City funds will be used for this project.
RECOMMENDA nON
I. Adopt resolution, and
2. Authorize the Director of Finance to amend the FY 2005/06 Adopted
Budget and increase account # 001-321-5706 by $69,300 and the
offsetting revenue account by $69,300 to reflect the County CDBG
reimbursement to be received.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
3 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST
AMENDMENT TO CONTRACT 04-257 WITH THE COUNTY OF SAN
4 BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO
5 TO PROVIDE FACILITY IMPROVEMENTS AT THE BOYS & GIRLS
CLUB USING COUNTY CDBG FUNDS.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
8 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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County CDBG Funds to provide facility improvements to the Boys and Girls Club.
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SECTION 1. The City of San Bernardino, the County of San Bernardino,
and the Boys & Girls Club of San Bernardino are amending contract 04-257 using
The Mayor is hereby authorized and directed to execute said amendments on behalf
of the City; a copy of the First Amendment to Contract 04-257 is attached hereto as
Exhibit A and incorporated herein.
SECTION 2. Any amendment or modification thereto shall not take effect or
become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements,
20 amendments, modifications or waivers are intended or authorized and shall not be
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implied from any act or course of conduct of any party. This resolution is rescinded
if the parties to the contract fail to execute it within sixty (60) days of the passage of
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this resolution.
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IIIII
IIIII
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST
AMENDMENT TO CONTRACT 04-257 WITH THE COUNTY OF SAN
BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO
TO PROVIDE FACILITY IMPROVEMENTS AT THE BOYS & GIRLS
CLUB USING COUNTY CDBG FUNDS.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
6 the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the day of
7 2006, by the following vote, to wit:
8
9 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
10 ESTRADA
11 BAXTER
12 MCGINNIS
13 DERRY
14
15 JOHNSON
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KELLEY
McCAMMACK
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
21 2006.
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25 Approved as to form:
day of
Patrick J. Morris, Mayor
City of San Bernardino
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, V th'-'~
es F. Penman, City Attorney
EXHIBIT A
COUNTY OF SAN BERNARDINO
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
FIRST AMENDMENT TO THE MAINTENANCE AND OPERATION CONTRACT
WITH CITY OF SAN BERNARDINO AND
BOYS AND GIRLS CLUB OF SAN BERNARDINO
This First Amendment to Contract 04-257 is made and entered into, by and among San Bernardino County,
hereinafter referred to as "COUNTY", the City of San Bemardino hereinafter referred to as "CITY", and Boys and
Girls Club of San Bernardino hereinafter refelTed to as "CLUB".
WHEREAS, COUNTY Department of Economic and Community Development (ECD), is hereinafter
referred to as COUNTY Department of Community Development and Housing (CDH); and,
WHEREAS, CDH is authorized to act on behalf of COUNTY in administering COUNTY CDBG program;
and,
WHEREAS, COUNTY, CITY and CLUB have previously entered into Contract No. 04-257, on April 6,
2004, hereinafter refelTed to as "CONTRACT", in the amount of sixty thousand dollars ($60,000) of Community
Development Block Grant (CDBG) funding for the purpose of rehabilitation of restrooms at the Boys and Girls
Club of San Bernardino, 1180 W. 9th Street, San Bernardino; and,
WHEREAS, an additional ten thousand dollars ($10,000) was added to project from Fifth District Land
Banking account to complete the restroom project; and,
WHEREAS, rehabilitation of rest rooms has been completed, May of2005; and,
WHEREAS, COUNTY, CITY and CLUB desire to amend CONTRACT to provide for additional funding
and facility improvements at the Boys and Girls Club of San Bernardino; and,
WHEREAS, COUNTY, as part of the August 17, 2004 substantial amendments to the 2004-2005 Action
Plan allocated funding in the amount of thirty-six thousand two hundred dollars ($36,200) for the rehabilitation of
two racquetball courts and HV AG units at Boys and Girls Club of San Bemardino; and,
WHEREAS, COUNTY as part of the 2005-2006 Action Plan allocated additional funding in the amount of
eight thousand eight hundred dollars ($8,800) for rehabilitation of two racquetball cOUlis and HV AC units at Boys
and Girls Club of San Bernardino; and,
WHEREAS, funding from the existing Fifth District CDBG Land Banking account in the amount of
twenty-four thousand two hundred ninety-two dollars ($24,292), has been administratively added for pool and
security improvements at the Boys and Girls Club of San Bernardino, which brings the total CDBG funds available
for improvements to $139,292 ($60,000 original contract, $69,292 this amendment); and,
WHEREAS, except where noted, all other provisions and terms of Agreement No. 04-257 will remain the
same.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to
be derived therefrom, the parties agree as follows:
1. Replace CONTRACT Section 2, with new "Scope ofproject"
SCOPE OF PROJECT
Under this contract, CITY has managed the construction of improvements, hereinafter referred to as
"IMPROVEMENTS", which included demolition, removal and replacement of all restroom fixtures,
Page 1 of 4
EXHIBIT A
partitions and flooring in both the male and female restrooms of FACILITY. Construction of this portion of
the project scope has been completed by CITY.
Under this First Amendment to CONTRACT, CITY shall manage and direct the construction of
"IMPROVEMENTS" to include the rehabilitation of walls and floors of two racquetball courts, replacement
of malfunctioning HV AC units, rehabilitation of swimmmg pool and installation of a closed circuit video
camera security system.
Additional improvements may be included only after written Contract amendment among CITY, CLUB and
COUNTY. The actual scope of IMPROVEMENTS may not include all items identified herein, but shall be
limited to the amount of CDBG funding identified in Section 4, FUNDING.
CITY and CLUB shall maintain and operate F ACIIJTY for the operation of educational and recreational
programs and services to low- and moderate-income youth fi'om the City of San Bernardino and surrounding
communities of the Fifth Supervisorial District for the period identified in Section 7, MAINTENANCE AND
OPERATION. Each qualifying participant of said programs under the terms of this CONTRACT shall be
identified as a unit of service.
Unless as specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and
conditions of this CONTRACT and the administration thereof.
2. Replace CONTRACT Section 3, with new "Time of Performance"
TIME OF PERFORMANCE
The Contract telm is for fifteen (IS) years as specified in Section 7, MAINTENANCE AND OPERATION.
In addition to the fifteen (IS) year term, CLUB is required to uphold the terms of the Contract for an
additional five (5) years after expiration of this Contract as specified in Section 24, REVERSION OF
ASSETS.
3. Replace CONTRACT Section 4, with new "Funding"
FUNDING
Under CONTRACT, COUNTY initially provided CDBG funds in the amount of sixty thousand dollars
($60,000) for the rehabilitation of restrooms as described in Section 2, SCOPE OF PROJECT. Under this
First Amendment to CONTRACT, the ten thousand dollars ($10,000) added by COUNTY to complete the
restroom rehabilitation project is included in CONTRACT. The restroom rehabilitation has been completed.
Also, COUNTY shall provide additional CDBG funds in the amount of sixty-nine thousand two hundred
ninety-two dollars ($69,292) for facility improvements. Any costs to construct IMPROVEMENTS to
FACILITY in excess of the amount available in this section shall be the sole responsibility of CLUB. This
condition however, does not preclude COUNTY and CITY from providing additional funding at their sole
discretion.
4. Add to CONTRACT, new Section 6B, "Withholding of Funds"
WITHHOLDING OF FUNDS
CDH shall retain the right to withhold funds from CITY & CLUB upon given written notice to CITY &
CLUB indicating that CDH has determined that CITY & CLUB has not met its obligations as stated in this
Contract in a satisfactory or timely manner consistent with federal regulations or policy. COH shall notify
CITY & CLUB in writing of this determination, specifying the objection(s) to the CITY & CLUB'S
perfom1ance. CITY & CLUB shall then have a maximum of twenty (20) days in which to remedy said
deficiencies. COH Director or his designee may grant an additional ten (10) days to CITY & CLUB. Should
approval of CDH not be obtained within said period, COH, upon written notice to CITY & CLUB, shall have
Page 2 of 4
EXHIBIT A
full authority to temlinate the implementation authority of CITY for said IMPROVEMENTS. Upon such
notice, CITY & CLUB agrees to cease all activity provided hereunder, as specified in said notice.
5. Replace CONTRACT Section 7, with new "Maintenance and Operation"
CLUB shall have sole responsibility for the maintenance and operation of FACILITY at the sole expense of
CLUB for a period of not less than fifteen (15) years beginning upon the date of completion of
IMPROVEMENTS. FACILITY shall be maintained and operated at all times for the purpose of providing
educational and recreational programs and services to low- and moderate-income persons as identified in
Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety
standards. CLUB shall be responsible for completing and submitting to COUNTY the Public Facility
Certification foml. This form will be provided by CDH.
6. Replace CONTRACT Section 20, with new "Violation of Contract"
VIOLATION OF CONTRACT
In the event that CITY or CLUB violates any of the terms and conditions of this CONTRACT, COUNTY
shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of
written notice, CITY or CLUB has not corrected the violation or shown acceptable cause, COUNTY has the
right to terminate this CONTRACT. It is agreed that in the event of a termination due to a violation of this
CONTRACT by CITY or CLUB, CITY and CLUB shall pay to COUNTY within ten (10) days of receipt of
Notice of Termination, the sum of one hundred thirty-nine thousand two hundred ninety-two dollars
($139,292). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair
compensation for the foreseeable losses that might result from such a breach or default. Penalties and
damages covered under separate Contracts with COUNTY for programs and services shall be in addition to
that contained herein. Such termination shall not excuse CITY and CLUB from reimbursement provisions in
Section 19, HYPOTHECATION OF REAL PROPERTY.
(continued on next page)
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EXHIBIT A
IN WITNESS WHEREOF, the parties have caused this CONTRACT to be executed as of the day and year first
written above.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
PATRICK J. MORRIS, Mayor
c
By:
BILL POSTMUS, Chairman
Board of Supervisors
Date:
Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELNERED TO
THE CHAIRMAN OF THE BOARD
BOYS AND GIRLS CLUB OF SAN BERNARDINO
DENA SMITH
Clerk of the Board of Supervisors
of the County of San Bernardino
Date:
3-(5 -Cb
By:
Date:
APPROVED AS TO LEGAL FORM
APPROVED AS TO LEGAL FORM
RONALD D. REITZ
County Counsel
h;
II} ;,IJ{.
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By:
MICHELLE D. BLAKEMORE
Deputy County Counsel for CDH
Date:
Date:
Comdev/Temp/Cathy/05 Agree/05 Amendment Boys and Girls Club sa
05/18/05/CM/cb
Page 4 of 4
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~SIr5/()0 Item #
. I
Vote: Ayes /-::'-. 7 Nays
./
Change to motion to amend original documents 0
c:2/
Resolution # d. 0::)(17 - / cjt.J
Abstain
&
Absent
Companion Resolutions
NulllVoid After: (DD days /
Resolution # On Attachments: 0
7//11/0& J~
, ,
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: DS - I (0 ~ 00
Date of Mayor's Signature: DS- /1'i5/0t..o
Date of ClerklCDC Signature: OS'! / q /0 h
Reso. Log Updated: ~
Seal Impressed: 0
Reso. # on Staff Report 0
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Os -;;) 3 - 06
Date Returned:
Not Returned: 0
20d Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (55:57): Yes No By_
Updated Traffic Folders (3985,8234,655,92-389): Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 23, 2006
TO:
James Sharer, Director
Facilities Management)JVVV
Sandra Medina, Assistant to the City Clerk
FROM:
RE:
Transmitting Documents for Signature - Resolution No. 2006-144
At the Mayor and Common Council meeting of May 15, 2006, the City of San Bernardino
adopted Resolution No. 2006-144 - Resolution authorizing the Mayor to execute the First
Amendment to Contract 04-257 with the County of San Bernardino and the Boys & Girls Club of
San Bernardino to provide facility improvements at the Boys & Girls Club using County CDBG
Funds.
Attached are one (1) original contract and three (3) duplicate original contracts. The contracts
have been executed by the Mayor, City Attorney, and City Clerk. Please obtain signatures where
indicated, and return one fully executed original contract to the City Clerk's office, attention
Dodie Otterbein. Please keep an executed contract for your files and distribute the remaining
executed contracts to the parties involved.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days, or by Friday, July 14, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ex!. 3215. Thank
you.
I hereby acknowledge receipt of the above mentioned documents.
Signed:'. ~9~
~ ~ - Please sign and return
Date: q ~~ 'tJh