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Home My WebLink About2006-144 1 2 RESOLUTION NO. 2006-144 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN 3 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST 4 AMENDMENT TO CONTRACT 04-257 WITH THE COUNTY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO 5 TO PROVIDE FACILITY IMPROVEMENTS AT THE BOYS & GIRLS CLUB USING COUNTY CDBG FUNDS. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The City of San Bernardino, the County of San Bernardino, 10 11 County CDBG Funds to provide facility improvements to the Boys and Girls Club. 12 and the Boys & Girls Club of San Bernardino are amending contract 04-257 using 13 The Mayor is hereby authorized and directed to execute said amendments on behalf 14 of the City; a copy of the First Amendment to Contract 04-257 is attached hereto as 15 Exhibit A and incorporated herein. 16 17 18 become operative until fully signed and executed by the parties and no party shall be SECTION 2. Any amendment or modification thereto shall not take effect or 19 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 21 implied from any act or course of conduct of any party. This resolution is rescinded 22 if the parties to the contract fail to execute it within sixty (60) days of the passage of 23 this resolution. 24 25 IIIII 26 IIIII 27 28 2006-144 1 2 3 4 5 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 i oint regular meeting thereof, held on the 15th day of May 7 2006, by the following vote, to wit: 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. 8 9 10 11 12 13 14 15 16 17 18 19 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x - BAXTER x MCGINNIS ~ DERRY x KELLEY x JOHNSON x McCAMMACK ~ Q~ ,0~ Rlkhel G. Clark, City Clerk 20 ~ The foregoing resolution is hereby approved this Ill"'" day of May 21 2006. 22 23 24 25 Approved as to form: 26 27 28 .&~ REPORTlRECOMntiENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION ')=(','\1(::1 r'-r" ~I~' . IILULI'i L..u.-'v: I ; LLt!',: FROM: June 13, 2006 ZQGS III" '):1 ': 'I I" 0' ~ V''-'' (. J r" j. ,0 DOUGLAS PAYNE, INTERIM DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING AMENDMENT NO. 1 TO CONTRACT NO. 04-257 WITH THE CITY OF SAN BERNARDINO AND THE BOYS AND GIRLS CLUB OF SAN BERNARDINO FOR FACILITY IMPROVEMENTS - FIFTH DISTRICT SUBJECT: RECOMMENDATION: Approve Amendment No.1 to Contract No. 04-257 with the City of San Bernardino and Boys and Girls Club of San Bernardino (BGCSB), increasing the Contract amount by $79,292 from $60,000 to $139,292 to provide additional funding for facility improvements and for continued maintenance and operation of the Boys and Girls Club facility of San Bernardino, BACKGROUND INFORMATION: On April 6, 2004 (Item 8), the County of San Bernardino Board of Supervisors approved Agreement No, 04-257, which provided $60,000 of Community Development Block Grant (CDBG) funds for restroom improvements at the Boys and Girls Club facility of San Bernardino located at 1180 W, 9th St., San Bernardino, An additional $10,000 was added administratively on November 8, 2004 to the project from Fifth District Land Acquisition funds to complete the restroom improvement project. The rehabilitation of the restrooms was completed May 31, 2005 by the City of San Bernardino, The Boys and Girls Club of San Bernardino provides both educational and recreational activities for youth in the City of San Bernardino and the unincorporated areas of the Fifth Supervisorial District. On August 17, 2004 (Item 67), the Board of Supervisors allocated $36,200 from the 2004-2005 Action Plan for the rehabilitation of two (2) racquetball courts and heating and air conditioning units (HVAC) at the Boys and Girls Club of San Bernardino facility, The Board of Supervisors added $8,800 of CDBG funds to the project from the 2005-2006 Action Plan on April 12, 2005 (Item 52), Finally, the Fifth District on November 17, 2005 authorized the addition of $24,292 of CDBG funds from the Fifth District Land Acquisition account for pool and security improvements at the facility. The addition of the $24,292 CDBG funds was processed administratively by the Department of Community Development and Housing (CDH) under the provision of the CDBG Citizen Participation Plan adopted by the Board of Supervisors on March 1,2005 (Item 90), This Amendment increases the Contract by $79,292 of CDBG funding, The additional CDBG funding consists of the $10,000 added to complete the restroom improvements, $36,200 from the August 17, 2004 (Item 67) approved Amendments to the 2004-2005 Action Plan, $8,800 from the April 12, 2005 (Item 52) approved 2005-2006 Action Plan and $24,292 from the Fifth District CDBG Land Acquisition funds. cc: CDH-Payne wi agree Contractor clo Dept wi agree IDS wi agree Auditor-Mejico wi agree Risk Management County Counsel-Blakemore CDH-Larsen CAO-Erickson CDH-Moore File wi agree ~ Rev 07/97 jrh Record of Action of the Board of Supervisors ALENDAR) RVISORS RNARDINO E AYE 4 MOVE 5 ITEM 050 -' . AMENDMENT NO.1 TO CONTRACT NO. 04-257 WITH THE CITY OF SAN BERNARDINO AND THE BOYS AND GIRLS CLUB OF SAN BERNARDINO FOR FACILITY IMPROVEMENTS - FIFTH DISTRICT June 13, 2006 Page 2 of 2 The total CDBG funding under this contract Amendment will be $139,292. This Amendment expands the scope of work to include repair of interior walls and flooring damaged by water leaks, replacement of malfunctioning roof mounted HVAC systems, rehabilitation of the swimming pool, and installation of a closed circuit video camera security system. The pool rehabilitation was completed by the City of San Bernardino on August 5, 2005. Under this Contract, the City of San Bernardino will continue to provide construction management services for the project. The County will reimburse the City of San Bernardino for CDBG-eligible construction costs approved under this contract. The contract specifies the terms and assurances necessary for compliance with County requirements and CDBG program regulations. Except where noted, all other provisions and terms of Contract No. 04-257 will remain the same. REVIEW BY OTHERS: This Amendment was reviewed by the Department of Community Development and Housing (David M. Larsen, Contract Compliance Designee, 388-0959) on June 2, 2006; the County Administrative Office (Matthew Erickson, 387-3937) on June 2, 2006; and County Counsel (Michelle D. Blakemore, Deputy County Counsel, 387-5455) on June 5,2006. FINANCIAL IMPACT: CDBG funds in the amount of $79,292 have been allocated for this project and were budgeted in the Departments FY 2005-2006 Budget (SBA-ECD). The Contract is fully funded by CDBG federal funds. BGCSB will be responsible for on going maintenance and operation costs of the facility for a period of fifteen (15) years. This action has no effect on the County General Fund. SUPERVISORIAL DISTRICT(S): 5th. PRESENTER: Douglas Payne, Interim Director, 388-0990. ~ copy New Vendor Code Depl. Contract Number f- SC A X Change CITYOFS772G ECD 04-257-A1 - Cancel County Department Depl. Orgn. Contractor's License No. Community Development and Housing ECD PROJ. County Department Contract Representative Telephone Total Contract Amount DOUGLAS PAYNE/Christopher Moore (909) 388-0990 $139,292 Contract Type I 0 Revenue ~ Encumbered o Unencumbered D Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount $60,000 $79,292 Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount SBA ECD PROJ. 200 2005 ' 2702/' 2476 $139,292 , , Project Name Estimated Payment Total by Fiscal Year 2 Fifth District Youth Center I Fifth District: Restroom Rehabilitation - FY Amount Rehabilitation and Air Conditioning Boys & Girls Club of San Bernardino 2003-04 $60,000 2005-06 $79,292 Boys & Girls Club of San Bernardino CDH #350-29102/2476 CDH #350-30102/2702 Contract Type 2(9) Contract Type 2(9) FOR COUNTY USE ONL Y . County of San Bernardino FAS CONTRACT TRANSMITTAL CONTRACTOR City of San BernardinD FederallD No. or Social Security No. 95-6000772 Contractor's Representative James Sharer, Director, Facilities Management, City of San Bernardino Address 300 North "D" Street, San Bernardino, CA 92418 Phone (909) 384-5244 Nature of Contract: (Briefly describe the general terms of the contract) This Amendment to Contract No. 04-257 between the County, the City of San Bernardiro, and the Boys and Girls Club of San Bernardino (BGCSB), provides an additional seventy-nine thousand two hundred ninety-two dollars ($79,292) in Communit;r: Development Block Grant (CDBG) funds for facility improvements at the Boys and. Girls Club facility located at 1180 West 9 Street, San Bernardino. These improvements include completion of restroqm and removal, replacement and repair of interior wall panels and wood floors damaged by water leaks in the roof of two (2) racquetball courts in the facility. Also included is replacement of roof mounted heating and air conditioning (HVAC) units of facility, rehabilitation of swimming pool, and installation of closed circuit video camera security system. Maintenance and Operation of the facility will be provided by the BGCSB at their sole expense for not less than fifteen (15) years following completion of the project, Except where noted, all other provisions and terms of agreement No. 04-257 will remain the same. The attached Contract consists of 4 pages. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) pre:ren3edto BO,S fOG. j9rature I" C l / v<-- .... t/,__ I' f1--f"" \t (4_ Department Head -' Date (p. '2. -D lJ> Date 6- j;; ~ 06 Date f ~-S - ( (; Auditor/Controller-Recorder Use On/v o Contract Database 0 FAS Input Date I Keyed By 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 Bernardino hereinafter referred to as "CITY", and Boys and Girls Club of San Bernardino hereinafter referred 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 referred 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 on November 8, 2004 from Fifth District Land Acquisition account to complete the restroom project; and, WHEREAS, rehabilitation ofrestrooms has been completed, May of 2005; 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 AC units at Boys and Girls Club of San Bernardino; 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 courts and HV AC units at Boys and Girls Club of San Bernardino; and, WHEREAS, funding from the existing Fifth District CDBG Land Acquisition 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 ($70,000: $60,000 original contract plus $10,000 added) and $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 F ACILlTY. 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 rehabihtation of walls and floors of two racquetball courts, replacement of malfunctioning HV AC units, rehabilitation of swimming 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 ACILlTY for the operation of educational and recreational programs and services to low- and moderate-income youth from 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 ofPerfon11ance" TIME OF PERFORMANCE The Contract ternl is for fifteen (15) years as specified in Section 7, MAINTENANCE AND OPERATION, In addition to the fifteen (15) year ten11, 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 111 this Contract in a satisfactory or timely manner consistent with federal regulations or policy, CDH shall notify CITY & CLUB in writing of this deten11ination, specifying the objection(s) to the CITY & CLUB'S perf0l111anCe, CITY & CLUB shall then have a maximum of twenty (20) days in which to remedy smd deficiencies, CDH Dll-ector or his deSignee may grant an additional ten (10) days to CITY & CLUB, Should approval of CDH not be obtained within smd period, CDH, upon written notice to CITY & CLUB, shall have Page 2 of4 EXHIBIT A full authority to tem1inate 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 form. 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 conection. If, within thirty (30) days from receipt of wTitten notice, CITY or CLUB has not conected the violation or shown acceptable cause, COUNTY has the right to tem1inate this CONTRACT. It is agreed that in the event of a te1111ination 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 Te1111ination, 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 tennination shall not excuse CITY and CLUB from reimbursement provisions in Section 19, HYPOTHECATION OF REAL PROPERTY. (continued on next page) III III III III III III III III III III III III Page 30[4 '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 B'BrrL~~ - Board of Supervisors Date: JIIN 1 3 2000 SIGNED AND CERTIFIED THAT A COpy OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Date: APPROVED AS TO LEGAL FORM DENNIS WAGNER Interim County Counsel Date: b.3'.'" Comdev/Temp/CathylO5 Agree/05 Amendment Boys and Girls Club SB 05/18/05/CM/cb ~ CITY OF SAN BERNARDINO BY:~~ PAT CK . MORRIS~ Date: m ao /P;: :)DO 0 BOYS AND GIRLS CLUB OF SAN BERNARDINO Date: ,~-/3-(!Jb APPROVED AS TO LEGAL FORM .?/~ Date: ~ I~, 'Ire" k Page 4 of4