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HomeMy WebLinkAboutCDC/2008-07 . , 1 RESOLUTION NO. cDc/2008-7 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE MAINTENANCE AND OPERATION CONTRACT BY AND AMONG THE AGENCY, THE COUNTY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE OF SAN BERNARDINO (580 WEST 6th STREET, SAN BERNARDINO - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 8 WHEREAS, the Community Development Commission of the City of San Bernardino (the 9 "Commission") is the governing board of the Redevelopment Agency of the City of San 10 Bernardino (the "Agency"); and 11 WHEREAS, the subject property is located at 580 West 6th Street, San Bernardino, 12 California, within the Central City North Redevelopment Project Area (the "Property"); and 13 WHEREAS, on Novernber 21,2005, the Commission adopted Resolution No. CDC/2005-40 14 approving a Maintenance and Operation Contract (the "Contract") by and among the Agency, the 15 County of San Bernardino with the Assistance League of San Bernardino (the "Grantee") in the 16 amount of $225,000 in order to perform much needed repairs to the building and library; and 17 WHEREAS, certain unforeseen additional expenses have increased the final amount by an 18 additional $53,000; and 19 WHEREAS, it is appropriate for the Commission to approve Amendment No, 1 to the 20 Contract solely as between the Agency and the Grantee ("Amendment No.1"), 21 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 22 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 23 Section 1. The Commission hereby approves the attached Amendment No. 1 in the form 24 presented at the meeting at which this Resolution is adopted. The Executive Director of the Agency is 25 hereby authorized and directed to execute Amendment No. 1 on behalf of the Agency, together with 26 such technical and non-material conforming changes as may be recommended by Agency Counsel. 27 28 I I I Section 2. The Resolution shall become effective immediately upon its adoption, 1 P:\Agendas\Resolutions\Resolutions\2008\02-J9-08 Assistance League Amendment No_ I CDC Reso.doc 1 2 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO, 1 TO THE MAINTENANCE AND OPERATION CONTRACT BY AND AMONG THE AGENCY, THE COUNTY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE OF SAN BERNARDINO (580 WEST 6th STREET, SAN BERNARDINO - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a joint regular meeting 9 thereof, held on the 19th day of February , 2008, by the following vote to wit: 10 Commission Members: Aves Navs Abstain Absent 11 ESTRADA ----X- BAXTER X 12 BRINKER X 13 - DERRY X 14 KELLEY ---1L 15 X JOHNSON 16 X MC CAMMACK 17 ~ 18 19 Secretary 20 The foregoing Resolution is hereby approved this c:2/sr day of Februarv 21 22 23 24 ,2008, . Approved as to Form: 25 ~: By: ~~ 28 2 P:\Agendas\Rcsolulions\RC501ulions\2008\02-19-08 Assistance League Amendment No I CDC Resodoc CDC/2008-7 AMENDMENT NO, 1 TO THE MAINTENANCE AND OPERATION CONTRACT (Assistance League of San Bernardino) THIS AMENDMENT NO. 1 TO THE MAINTENANCE AND OPERATION CONTRACT (this "Amendment No. I") is dated as of February 19,2008, by and between the Assistance League of San Bernardino, a California non-profit corporation (the "Grantee"), and the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), and the County of San Bernardino Department of Community Development (the "County") shall not be a party to this Amendment No. I nor bound by any provision hereof, and this Amendment No. 1 is entered into in light of the facts set forth in the following Recital paragraphs: - RECITALS - A, The Grantee, the Agency and the County have previously entered into an agreement entitled, "Maintenance and Operation Contract," dated November 21, 2005 (the "Contract"); and B, Since the effective date of the Contract, the Grantee has, in collaboration with Agency Staff, cOlmnenced the improvements ("Project"), as this term is defmed in the Contract, and referred to as the Base Bid to correct the structural deficiencies of the building (including the foundation) and rectify all health and safety and Americans with Disabilities Act ("ADA") requirements and Alternate No. 1 which includes wrapping the affected portion of the building with new plywood, re-stucco and repainting in the amount of Four Hundred Eight Thousand Seventy-One Dollars ($408,071), After this is complete, Alternate Nos. 2 and 3 need to be undertaken to replace the damaged windows caused by the subsidence of the building and insulation of the building for energy conservation which together with the engineering and architectural fees of Forty-One Thousand Dollars ($41,000) already disbursed will bring the total to Four Hundred Ninety-Five Thousand Two Hundred Seventy-One Dollars ($495,271), excluding contingency. However, unforeseen cost overruns are anticipated as work progresses due in part to the fact that the estimates used to prepare the original Contract were completed prior to the architectural and structural engineering reports being undertaken. Such items were funded as part of the original Contract and no funds are remaining to pay Alternate Nos 2 and 3 or any unforeseen contingencies that may occur; and C. The Contract Section 4 anticipated that additional funding may be provided either by the Agency or the County. Said provision reads in part as follows: "This condition, however, does not preclude the County and the Agency from respectively providing additional funding at the sole and absolute discretion of either County or Agency, as applicable"; and D. The Grantee and the Agency believe it is appropriate to consider and approve this Amendment No. 1 in order that the Grantee may complete the Project as specified in the Project description as approved in the original Corttract. 1 P:\Agendas\Agenda Attachmcnts\Agrmts-Amend 2008\02-19-08 Assistance League Amendment No. I.doc . , CDc/2008-7 NOW, THEREFORE, THE GRANTEE AND THE AGENCY DOES HEREBY AGREE AS FOLLOWS: Section 1. The Grantee and the Agency hereby acknowledge and agree that notwithstanding any term of the Contract to the contrary, the Agency shall increase its contribution by Fifty-Three Thousand Dollars ($53,000) for a total of Two Hundred Seventy- Eight Thousand Dollars ($278,000) plus the Two Hundred Twenty-Five Thousand Dollars ($225,000) as previously approved by the County pursuant to the Contract. Grantee agrees to utilize such additional Agency funds for the purposes of undertaking Alternate Nos. 2 and 3 as bid by the contractor presently under the Contract with the Grantee, and if funds remain available from said Fifty-Three Thousand Dollars ($53,000) amount of the Agency contribution after the completion of Alternate Nos. 2 and 3, then such excess may be used as a contingency amount to be applied for payment of the total project expenditures related to unforeseen items arising during the course of construction, Section 2, Except as modified or amended by this Amendment No, 1, all of the provisions of the Contract shall remain in full force and effect following the Effective Date of this Amendment No, 1, IN WITNESS WHEREOF, the Assistance League of San Bernardino and the Redevelopment Agency of the City of San Bernardino executed this Amendment No, 1 as of the dates written next to the signatures of their duly authorized representatives, below, AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and olitic Date: 2/ I L-/ oy By: :2 Emil A. Marzullo, Interim ecutive Director Approved as to Form and Legal Content: By: V~~ Agency C sel GRANTEE Date: ) - -3 I-or . 2 P:\Agendas\AJcnda AnachmcnlS\Agrnts-Amend 2008\02-19-08 Assistance League Amendment No_ I_doc