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HomeMy WebLinkAboutS02-Community Development e',"fY OF SAN BERNARDINO - REQUEST FOq COUNCIL ACTION . . F'.'om: Kenneth J. Henderson, Director Subject: MAC Y.9,tJNDATION, INC., CDBG C'l'l - t.n.,.QokEllJtlENT FOR STREETS CAPE RE, \". DE_S.I~N')') ~ ...... .\, ....."'- f-S '. ,," -",.. ).. -, ,," ""'J - ,_. a.. ......4 Oept: Community Development D.~: February 2, 1989 Synopsis of Previous Council action: On January 5, 1987, the City and the More 'Attractive Community Founda- tion, Inc., entered into an agreement for the development of street- scape design guidelines. Recommended motion: Adopt First Amendment to agreement with More Attractive Community Foundation, Inc., (MAC), for streetscape design services extending term of agreement through June 30, 1989. Contact person: Supporting data attached: Ken Henderson Phone: 5065 Staff Report Ward: 1-7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct, DescriPtion) N/A Finance: Council Notes: 75-0262 Agenda Item No S -..) " ...., \wi : CITY OF SAN BERNARDINO , . .'''.... '...I - REQUEST FOR COUNCIL ACTION STAFF REPORT On January 5, 1987, the City entered into a Community Develop- ment Block Grant (CDBG) agreement with the More Attractive Community Foundation (MAC) to finance in part ($15,000) the development of streetscape designs for identi fiable neighborhood communities throughout the City, and to serve as a guide for property owners, tenants, the Planning Commission and City Departments in the preservation, upgrading and future development of the City. The intersections and street areas considered for the streetscape design project are as follows: California and Highland Fifth and Mt. Vernon Highland and Waterman Waterman and 40th sierra Way and 40th Highland and Muscupiabe Baseline and Waterman Del Rosa and Highland Baseline and Medical Center Dr. Mill and Mt. Vernon Subsequent to the execution of the above referenced agreement, the MAC Foundation issued a Request for Proposals (RFP) for urban design services. After review and evaluation of the responses to the RFP, the Foundation selected Envicom as its urban design consultant. Since the selection by the Foundation of Envicom, a number of events beyond the control of the Foundation have occurred which have had the effect of delaying the project. As the Mayor and Common Council are aware, Envicom is the primary consultant working on the city's General Plan Revision Work Program. As such, much of the time originally set aside by Envicom for work on the streetscape design has been allocated to the General Plan, in order to enable the City to meet the stringent deadlines established by the state Office of Planning and Research (OPR). Because of the delays, the MAC Foundation has requested an extension in the term of its current agreement through June 30, 1989. Staff has reviewed the application for an extension submitted by the MAC Founda- tion and strongly supports the request. This project has been coordinated with the City of San Bernardino Main Street Project. The reason this item was placed on the supplemental aoenda is that the MAC Foundation. Inc.. requires a decision bv the Mavor and Common Council bv no later than Februarv 20. 1989. The Foundation needs the term of the aoreement extended in order to authorize appropriate work bv the urban des ion consultant. Althouoh this item was submitted in time for the reoular aoenda. the internal review process was not completed prior to the reoular aoenda ooino to print. 2/2/89 . , - - """ ~",..... "-' I recommend adoption of the First Amendment to the agreement with the MAC Foundation, Inc., for Streets cape Design Services. KJH/lab/3027 February 2, 1989 Development 10 11 12 13 14 15 16 17 18 20 - - -- ."I 1 RESOLUTION 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH 3 THE MORE ATTRACTIVE COMMUNITY FOUNDATION, INC., FOR STREETSCAPE DESIGN SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 6 CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the Ci ty of San Bernardino is 7 hereby authorized and directed to execute, on behalf of the City, 8 First Amendment to Agreement for Community Development Block 9 Grant funding with More Attractive Community (MAC), a copy of which Amendment is attached hereto marked Exhibit "1" and is incorporated herein by reference as though fully set forth at length. The First Amendment extends the term of the Agreement to June 30, 1989. All other terms remain as originally adopted. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a meeting held on the day of 19 ,by the following vote, to wit: AYES: Council Members 19 NAYS: 21 ABSENT: 22 23 City Clerk / / / / / / / / / / / / JFW:ss 1 February 14, 1989 24 25 26 27 28 !L~~ 5~)- c 1 / / / ::) 2 The foregoing resolution is hereby approved this 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 day of 4 5 6 7 Approved as to form 8 and legal content: , 19 Evlyn Wilcox, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney 11 i ,) BY: ~ '0<-- -J, j {~~,''''''-_ U 26 27 28 JFW:ss February 14, 1989 2 . 1 2 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 I""" V --- -- FIRST AMENDMENT TO AGREEMENT WITH THE MORE ATTRACTIVE COMMUNITY FOUNDATION, INC., FOR STREETSCAPE DESIGN SERVICES THIS FIRST AMENDMENT TO AGREEMENT is entered into by and between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the More Attractive Community Foundation, Inc., (MAC) referred to as "Subrecipient" , and amends that agreement between the parties approved by Resolution Number 87-3 of the City of San Bernardino, in the following respects only: 1. The term of the agreement, as pecified in Section 3 t hereof, is extended through June 30, 1989, with the limitation on compensation contained therin in Section 5 to remain intact and unchanged. 2. In all other aspects, the agreement between the parties shall continue in full force and effect. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / JFW:ss February 7, 1989 1 . 1 2 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 FIRST AMEND/1ENT TO AGREEMENT WITH THE MORE ATTRACTIVE COMMUNITY FOUN'''TION, INC., FOR STREETSCN- DESIGN SERVICES 'lioc"" '-' IN WITNESS WHEROF, the parties hereto have executed this First Amendment to agreement on the _______day of , 1989. ATTEST: CITY OF SAN BERNARDINO BY: Evlyn Wilcox, Mayor City of San Bernardino City Clerk SUBRECIPIENT President Secretary Approved as to form and legal content: JAMES F. PENMAN, City Attorney 11- . /). BY. fi -1 7-. ... ,-, . () ,')-.-'.' . ,.."-. JFW:ss February 7, 1989 2 - . .... .. ..- 1.:-. ~ ~ i'J..3 .J.:.k.,. 6~BIIIlIH:l THIS AGREEMENT i8 entered into effective a8 of January 5 , 1987, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as .City., and MORE ATTRACTIVE COIMJNlTY FOUNDATION , a nonprofit community' service organization, referred'to as' .Sub- recipient-. City and Subrecipient agree as followsl 1. Recitals. (al Subrecipient has requested financial assistance from City for fiscal year 1986/1987 from funds available through a community development block grant from the United States of America to City. (b) Subrecipients represents that the expenditures authorized by this agreement are valid community development, purposes, in accordance with federal law and regulations, and that all funds granted under this agreement will be used for no purpose other than those purposes specifically authorized. The specific . purposes and scope of services of this particular grant are set forth in Exhibit "A-, attached hereto and incorporated into this agreement as though fully set forth hetein. 2. Payments. City shall reimburse Subrecipient for allow- able costs incurred under the scope of this agreement and appli- cable Federal regulations, which have not been paid for or reim- bursed in any other manner by any other Agency. Reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed $ 15.000.00 . '3. Term. This agreement shall commence January 5. 1987 . . . " .' . . II" . and terminate June 30, 1987 . 4. Ose of punds, Budaet, Travel Limitation. The funds paid to Subrecipient shall be used by it solely for the purposes set forth in Paragraph lIb) of this agreement, and in accordance with the program bUdget submitted by Subrecipient to the City ~f San Bernardino Community Development Department, a copy of which is attached to this agreement .as Exhibit -B-. This budget shall list all sources of funding for the program covered by this agreement, whether from State, Pederal, local or private sources, and shall identify which sources are paying for which specific portions of the program, by line-item, to the extent practicable. No travel expenses for out-of-state travel shall be included in this program unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel expense, which shall be negotiated between the City of San Bernardino Community Development Department and Subrecipient in the budget. Any travel expenses incurred by Subrecipient above the budgeted amount or for out-of- state travel shall not be eligible for reimbursement unless the prior written approval of the Director of Community Development of the City of San Bernardino, or his or her designee, has been obtained. Funds shall be used for purposes authorized by the community development block grant program only, and no portion of the funds granted hereby shall be used for any purpose not specif- ically authorized by this agreement. Only net payroll shall be periodically reimbursed by City as an allowable cost. Any amounts withheld by Subrecipient from an employee's pay for taxes, social security, or other withholding and not immediately paid over to -2- another entity, ~J .- shall not 8......,1 - be included as wages or e.penses eligible . .. . .. -.. foe reimbursement. as an allowable cost until such time as the withheld taxes, social security, or other withholdings are actually paid over to another entity entitled to such payment. Upon such pa]nDent and the sUbmission of evidence of such payment to the City of San Bernardino Community Development Department, such expenses sball be regarded as allowable cost, and the City shall reimburse' Subrecipient for such obligation. A variation in the itemization .of costs, as set forth in the proposed budget submitted to City, not to exceed ten percent nO') as to any particular line item, shall be allowed, provided the prior written approval of the Director of Community Development of the City of San Bernardino is obtained, it being understood that the total amount of the grant shall not be varied thereby. At the end of the term, all unex- pended funds shall be returned to the City by Subrecipient. The parties intend that grant funds be utilized within the time period covered by this agreement, and any funds not used shall revert to the City. No reserve for the future shall be established with the funds except as may be authorized to meet commitments made for services provided during the period of this agreement, but not yet paid for at the conclusion of this agreement. 5. Accountin9. Prior to the final payment under this agreement, and at such other times as may be requested by the Director of Community Development Department of the City of San Bernardino, Subrecipient shall submit to the Director an accounting of the proposed and actual expenditures of all revenues accruing to the organization for the fiscal year ending July 1. 1987 . Financial records shall be maintained by Subrecipient in accordance with generally accepted accounting principles, in a manner which -3- .. .. .' . . ~ . peraits City to trace the expenditures of funds to source docu- ..ntation. All books and records of Subrecipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representative of the United States of America authorized to audit community development block grant programs. Standards for financial manage.e~t systems and financial reporting requirements established by Attachment -p- and Attachment -G- of Office of Management and Budget Circular No. A-IIO shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federal funds. Sub- recipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by this agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. 6. Services Available to Residents: Monitorino and Reoortin9 prooram Performance. The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernar- dino unless otherwise noted in Exhibit -A-. No person shall be denied service because of race, color, national origin, creed, sex, martial status, or physical handicap. Sub recipient shall comply with Affirmative Action guidelines in its employment practices. Sub recipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Director of Community Development Department of the City of San Bernardino, in accordance with Attachment -5-, Office of Management and Budget Circular No. A-llO. Failure to provide such quarterly -4- .' . . . ~ performance ~" ,y pt-\ ....J processing by City of Sub- report. may prevent the recipient's requests for reimbursement, and may justify temporary withholding as provided for in Paragraph 11 hereof. 7. Procurement Practices. Subrecipient shall comply with procurement procedures and guidelines established by Attachment .0. to Office of Management and Budget Circular No. A-102, .Procurement Standards.. In addition to the specific requiie.ents of Attachment .0. to Circular No. A-I02, Subrecipient shall maintain a code or standards of conduct which shall govern the performance of its officers, employees or agents in contracting with and expending the federal grant funds made available to Sub recipient under this agreement. Subrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissable by State law rules, and regulations, the stan- dards adopted by Subrecipient shall provide for penalties, sanc- tions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among con- tractors which may restrict or eliminate competition.or otherwise restrain trade. Subrecipient agrees to adhere to the procurement rules specified in Office of Management and Budget Circular No. A 102 Attachment '0' in its expenditure of all funds received under this agreement. -5- . ~\ I 8. Anti-Kick Back Provisionsl Eaual EmDlovment OpDOrtunitv. ~ .. . All contracts for construction or repair using funds provided under this agreement shall include a provision for compliance with the Copeland -Anit-Kick Back- Act (18.0.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This act pro- vides that each contractor or subgrantee shall be prohibited fro. inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by Sub recipient using funds provided under this agreement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order .11246 as amended. 9. Prevailina Waae Reauirement. Any construction contracts awarded by Sub recipient using funds provided under this agreement in excess of $2,000.00 shall include a provision for compliance with the Davis-Bacon Act (40.0.S.C. 276a to 276a-7) and as supple- mented by Department of Labor Regulations (29CFR). Under this Act, contractors shall be required to pay wages to laborers and mech- anics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, con- tractors shall be required to pay wages not less often than once a week. Subrecipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to City. -6- .. ~ \...,1 10. ADDroval of Citv of anv Charaes, '-''': - Use of Proar.. Inco... City reserves the right to require Subrecipient to obtain the prior written approval of City of any charges or fees to be charged by Subrecipient for services provided under this agreement, and of any rules and regulations governing the provision of services here- under. Program income represents gross income earned by the Sub- recipient from the federally supported activities. Such earnings exclude interest earned on advances and may include, but will not be limited to, income from service fees, sale of commodities, usage and rental fees. These funds shall be used first for eligible program activities, before requests for reimbursement, or shall be remitted to the City. Sub recipient shall remit all unspent program income to the City within thirty (30) days subsequent to the end of the program year (June 30, 1986). Interest earned on funds advanced under the agreement shall be paid to the City. 11. TemDorarv Withholdina. The Director of the Community Development Department of the City of San Bernardino is authorized to temporarily withhold the payment of funds to Subrecipients when the Director determines that any violation of this agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Director or the Mayor and Common Council. Sub recipient shall have the right to be heard by the Mayor and Common Council if Subrecipient maintains no violation of the agreement has occurred, which hearing shall be held within forty-five (45) days after the funds have first been withheld, provided Subrecipient requests such hearing within fifteen (15) days after such first withholding. 12. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to -7- . a a . a ~ a ." ~.~ >" ~ j the use of the funds provided under this agreement shall be re- tained by Sub recipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this agreement shall be retained for three (3) years after the final disposition of such property. 13. prooertv Manaaement Standards. Non-expendable personal property, for the purposes of this agreement, is defined as tangible personal property, purchased in whole or in part with federal funds, which has useful life of more than one (1) year and an acquisition cost of three hundred dollars ($300.00) or more per unit. Real property means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. Non-expendable personal property and real property purchased with or improved by funds provided under this agreement shall be subject to the property management standards specified in Attachment "N" of Office of Management and Budget Circular No. A- 102. .Property Management Standards.. 14. Termination for Cause. City reserves the right to terminate this agreement and any and all grants and future payments under this agreement in whole or in part at any time before the date of completion of this agreement whenever City determines that the Subrecipient has failed to comply with the conditions of this agreement. In the event City seeks to terminate this agreement for cause, City shall promptly notify the Sub recipient in writing of the proposed termination and the reasons therefore, together with -8- . . . G'.' ~. ....../ ,..I the proposed effective date. Subrecipient sball be given an opportunity to appear before the Mayor and CODon Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable oppor- tunity to show cause why, if any exists, the agreement should not be terminated for cause. Upon determination by this Mayor and Co.mon.Council that the contract should be terainated for cause, notice thereof, including reasons for the determination, shall promptly be given to Subrecipient, together witb information as to the effective date of the termination. The determination of the Mayor and Common Council as to cause shall be final. 15. Termination for Convenience. City or Subrecipient may terminate this agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination condi- tions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. City shall allow Sub recipient full credit for the City's share of the non-cancellable obligations properly incurred by the Sub recipient prior to termination. 16. Hold Harmless. Subrecipient agrees to indemnify and save harmless the City and its employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses, however occurring, or damages, arising or growing out of the use of or receipt of funds paid under this agreement and all operations under this agreement. Payments under this agreement are made with -9- , ~j n..'- ~. '\ -" . " the understanding that the City is not involved in the performance of services or other activities of the Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of City. 17. Amendment. This agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforce- ment of any provision or provisions. 18. Assianment. This agreement shall not be assigned by Subrecipient without the prior written consent of City. 19. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: As to City: As to Subrecipient: Director Community Development Dept. City of San Bernardino City Hall, Fifth Floor 300 North "D" Street San Bernardino, Calif. 92418 Hore Attractive Community Foundation P.O. Box 1169 San Bernardino, CA 92404 20. Evidence of Authoritv. Subrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing body of Subrecipient, or other adequate proof, that this agreement has been approved in all its detail by the governing body of the Subrecipient, that the person(s) executing it are authorized -10- .,to act on behalf (p, ..,..I of Subrecipient, and that €"".-\ ~ this agreement isa .. ... binding obligation on Subrecipient. IN WITNESS WHEREOP, the parties hereto have executed this agreement on the day and year first hereinabove written. ATTEST: ~4/~~ City Clerk BY: M yor, 0 the City Bernardino SAI BERNARDINO SUBRECIPIENT: BY: BY: Approved as to legal form: ;..~{~ ltJBllb file: cdbgagreement December, 1986 -11- II'- The foregoing resolution day of , 1987. JanUArv Appro~ed ~ to formic:? ~ ~An-r..!/ City Attorney . kjhllb file: cdbgresolution .. , approved this P Ii 12/16/86 ,- h. r~,)TY or SAN BERNARDINO ~, '-' . . . 1986-87 COMMUNITY DBVEu)PMENT BU)CJt CJWl'1' PROGRAM PROJECT DESCRIPTION OBJECTIVE: Develop streetscape de.ign. for identifiable neighborhood coaaunities throughout the City to .erve as a guide for property owner., tenants, the Planning Commi..ion and City departments in the pre.ervation, upgrading and future development of the City. OVERVIEW: In teras of population and area, San Bernardino is one of California's largest citie.. Fro. a "metropolitan center" standpoint it ranks even higher on the li.t. While the recognition and affluence which accompany bigness are beneficial, the Obligation to concentrate on environmental considerations and the quality of life of the residents of the City is magnified. Resident. and merchant. of large cities tend to lose their sense of identity and individual worth (and therefore their sens. of responsibility and interest in participating). While not the complete answer, cultivating local neighborhood pride is one method of recapturing some of the "hometown" feeling that was the hallmark of living in a small town. San Bernardino has a number of sub-area community centers of activity. The area at 5th and Mt. Vernon is one such "community center" I another is in the vicinity of Muscupiabe and Highland. Mill and Mt. Vernon, Highland and Mt. Vernon, Del Rosa and Lynwood would be candidates for such attention, together with several more. At the present time, the City strives for standardization with respect to street-name signs, signalization, etc. This is appropriate, not only for the sake of economy, but also for the benefit and convenience of motorists traversing a number of sub-areas. Wholesale standardization is not as important with respect to parkway treatment, street trees, trash receptacles and other street appurtenances which can be tailored to an area in some respects. METHODOLOGY: The Foundation proposes to engage the services of a municipal design specialist to review the recommendations of a citizen's committee relative to eight or ten sub-areas to be identified by a committee to be established for that purpose. The individual employed for the project would design cosmetic street improvement features for each of the areas for review, local input, submission to the Mayor and Common Council and subsequent refinement for use in connection with rehabilitation, reconstruction and new development. The Foundation's efforts would extend beyond the acceptance stage into working with sub-area groups in encouraging property owners and tenants to cooperate in the implementation of the overall sub- area program. Dependent upon design costs, it may be possible to obtain suggestions for treating individual locations (such as the intersection of Fourth and Fifth Street at Nunez Park, Highland and Baseline entrances to the city from the west, etc.). A1TAct\f..f EN"( · ~" .. .' . ',' D . . . . .. . -;",'; (..,\ - PROJBCl PROPOSAL CITY OF SAN BUNARDINO REDEVELOPMENT AGBHCY 1986/87 COMMUNITY DEVELOPMENT BLOCl( GRANT PROGRAM PROJECl BUDGET Project Name: STREETSCAPB DESIGN Applicant: More Attractive Community Foundation Total estimated funds is anticipated to be in excess of $20,000. The MAC Foundation has earmarked $5,000 for the Project and should be able to add additional monies to the total ($5,000...MAC and $15,000...CDBG) in the event it is deemed appropriate to expand the scope of the Project. There will be no expense to the Project for administration of project manaqement. These services and expenses will be borne by MAC Foundation members. The entire $20,000 will be expended for design services and materials provided by qualified landscape/architectural design tirms. The selection ot the successful firm(s) will be on the basis of an RFP, followup inquiries of previous clients and evaluations of work qual! ty If additional information is required, please let us know. an, CO-Chairman COMMUNITY FOUNDATION AT'T' A-C t-+M ~m ",e"