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I
. Re&VELOPMENT AGENCY.~EST FOR Cb_ISSION/COUNCIL AdlON
. From: GLENDA SAUL
Date: OCTOBER 2, 1985
Subject: APPROVAL OF AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO AND BOYS CLUB OF SAN BERNAR-
DINO, INCORPORATED.
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\-,t: Redevelopment Agency
Synopsis of Previous Commission/Council action:
-On May 7, 1984, the Mayor and Common Council approved the Boys Club, Inc., FY 84/85
CDBG Proposal to enclose the swimming pool and surrounding dance/gymnastic area
at a funding level not to exceed $75,000.
-On June 1, 1984, the Mayor and Common Council took an action to decrease the Boys
Club, Inc., funding level from $75,000 to $65,000. The County increased its
funding level from $35,000 to $45,000.
-On July 9, 1984, the Mayor and Common Council considered the Boys Club, Inc., request
to substitute the construction of two (2) racquetball courts for the swimming pool
cover at a level not to exceed $65,000 and referred the matter to the Boys Club
Steering Committee.
(SNYOPSIS CONTINUED ON NEXT PAGE)
Recommended motion:
(MAYOR AND COMMON COUNCIL)
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AMONG THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND BOYS CLUB OF
SAN BERNARDINO, INCORPORATED.
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Signature
Contact person: GLENDA SAUL
Supporting data attached: STAFF REPORT
Phone: 383-5081
Ward: 6
FUNDING REQUIREMENTS:
Amount: $ 105,000
Project:
NW
No adverse Impact on City:
Date:
October 7, 1985
e-.ncil Notes:
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Agenda Item No./ZII
C C J
SYNOPSIS OF PREVIOUS COUNCIL ACTIONS (CONTINUED):
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-On July 16. 1984, the Mayor and Common Council approved the Boys Club Steering
Committee report substituting the construction of the racquetball courts for the
swimming pool cover.
-On December 19, 1984, the Mayor and Common Council selected Michael Murphy to
provide architectural services and authorized the purchasing agent to issue a
purchase order.
-On February 18. 1985, the Mayor and Common Council approved the plans for the
construction of two (2) racquetball courts and authorized the Director of Public
Works to advertise for bids.
-On August 19, 1985. the Mayor and Common Council received a status report from
the Director of Public Works indicating there was a cash shortfall for the
construction of the racquetball courts based upon the bids received. The matter
was referred to the Redevelopment Committee.
-On September 23. 1985. the Mayor and Common Council approved supplement funding
for the Boys Club racquetball courts (2) and directed staff to bring back an
agreement for approval once supplemental funding from the County of San Bernardino
had been obtained in the amount of $20,000.
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CI~ OF SAN BERNARD~O - REQU~T FOR COUNCIL ACTiON
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STAFF REPORT
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In December, 1984, the Mayor and Common Council selected Mike Murphy and
Associates to provide architectural services to the Boys Club for the
construction of two (2) racquetball courts and authorized the Director of
Public Works to advertise for bids. Mr. Murphy submitted a construction cost
estimate of $85,000 for both racquetball courts, although estimates received
from other architects were in the $55,000 - $65,000 per court range. The
construction estimate based upon the bids received is $170,000 (including A &
E), leaving a shortfall of $60,000.
The County of San Bernardino has indicated a willingness to participate in the
supplemental funding of this project at a level not to exceed $20,000 if the
Mayor and Common Council approves additional CDBG funding in the amount of
$40,000.
The Redevelopment Committee considered this item at its September 9 meeting
and recommended to the Mayor and Common Council that the Boys Club, Inc.,
request for supplemental funding in the amount of $40,000 be approved.
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On September 23, 1985, the Mayor and Common Council approved supplemental CDBG
funding in the amount of $40,000 for the Boys Club racquetball courts and
directed staff to bring back an agreement for Council approval once
supplemental County funding had been obtained.
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On September 23, 1985, the County approved supplemental CDBG funding in the
amount of $20,000 for the Boys Club racquetball courts.
Adoption of the Resolution by the Mayor and Common Council would authorize the
Mayor to execute the agreement among the City of San Bernardino, County of San
Bernardino and Boys Club of San Bernardino, Incorporated at a funding level
not to exceed $170,000.
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75-0264
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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNAIlDINO AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH THE CITY OF SAN BERNAIlDINO, THE COUNTY OF SAN BERNARDINO AIlD
3 BOYS CLUB OF SAN BERNAIlDINO, INCORPORATED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNRDINO AS FOLLOWS:
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SECTION 1. Recitals. The City of San Bernardino has appropriated
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7 $65,000 of its FY 1984/1985 Community Development Block Grant funding, and
8 $40,000 from its FY 1985/1986 Community Development Block Grant funding, and
9 the San Bernardino County Board of Supervisors has committed $45,000 of the
10 County's FY 1984/1985 Community Development Block Grant funding, and $20,000
11 of its FY 1985/1986 Community Development Block Grant funding, to provide for
12 the construction of two (2) racquetball courts at Encanto Community Center as
13 a part of the Boys Club Capital Improvement program. The City of San
14 Bernardino has agreed to act as lead agent in this matter, and to review all
_ 15 advances to and documention of funds expended by the Boy's Club of San
16 Bernardino, Incorporated, and to bill the County of San Bernardino for its
17 proportionate share of expenses, as reimbursed.
18
SECTION 2. Implementation. The Mayor of the City of San Bernrdino is
19 hereby authorized and directed to execute on behalf of the City of San
20 Bernardino that certain agreement among the City of San Bernardino, the County
21 of San Bernardino and the Boy's Club of San Bernardino, Incorporated, a copy
22 of which agreement is annexed hereto as Exhibit "l" and incorporated herein by
23 reference as though fully set forth at length. This resolution supercedes all
24 terms and conditions of Resolution Number 84-337.
25 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
26 Mayor and Common Council of the City of San Bernardino at a
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27 meeting thereof, held on the
28 following vote, to wit:
day of
, 1985, by the
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AYES:
COUNCIL MEMBERS
NAYES:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
dasy
, 1985.
Mayor, City of San Bernardino
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Exhibit "1"
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THIS AGREEMENT is entered into effective as of
, 1985,
at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "City", the County of San Bernardino, referred to
as "County" and Boys Club of San Bernardino, Inc., a nonprofit community
service organization, referred to as "Subrecipient".
City, County and Subrecipient agree as follows:
1. Recitals
10
(a) Subrecipient has requested financial assistance from City and
11 County for fiscal years 1984-85 and 1985-86 from funds available through
12 community development block grants from the United States of America to City
13 and County for the purpose of constructing two (2) racquetball courts at
Encanto Community Center.
(b) City has allocated $65,000 of its 1984-85 Community Development
Block Grant funds and $40,000 from its 1985-86 Community Development Block
Grant funds for this purpose; and, County has allocated $45,000 from its
1984-85 Community Development Block Grant funds and $20,000 from its 1985-86
Community Development Block Grant funds for this purpose.
(c) Subrecipient represents that the expenditures authorized by this
agreement are for valid community development purposes, in accordance with
federal law and regulations, and that all funds granted under this agreement
23 will be used for no purpose other than those purposes specifically
24 authorized. The specific purposes and scope of services of this particular
25 grant are set forth in Exhibit "A", attached hereto and incorporated into this
26 Agreement as fully as though set forth herein.
/',...... 27 2. Payments City shall reimburse Subrecipient for allowable costs
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28 incurred under the scope of this agreement and applicable Federal regulations,
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] which have not been paid for or reimbursed in any other manner or by any other
2 Agency. Reimbursement will be made at least on a progressive basis contingent
3 upon the written approval of the Director of Public Works/City Engineer. The
4 total of all such reimbursements are not to exceed $170,000.
5 3. Term This agreement shall commence July 1, 1984, and terminate June
6 30, 1986.
7
4. Use of Funds; Budget; Travel Limitation.
The funds paid to
8 Subrecipient shall be used by it solely for the purposes set forth in
9 Paragraph l(b) of this agreement, and in accordance with the program budget
]0 submitted by Subrecipient to the Redevelopment Agency of the City of San
]] Bernardino, a copy of which is attached to this agreement as Exhibit "Boo.
]2 This budget shall list all sources of funding for the program covered by this
]3 Agreement, whether from state, federal, local or private sources, and shall
]4 identify which sources are paying for which specific portions of the program,
]5 by line-item, to the extent practicable. No travel expenses for out-of-state
]6 travel shall be included in this program unless specifically listed in the
] 7 budget as submitted and approved, and all travel expenses to be funded from
]8 funds provided hereunder shall be specifically identified as travel expense,
]9 which shall be negotiated between Agency and Subrecipient in the budget. Any
20 travel expenses incurred by Subrecipient above the budgeted amount or for
2] out-of-state travel shall not be eligible for reimbursement unless the prior
22 written approval of the Executive Director of the Redevelopment Agency of the
23 City of San Bernardino, or his or her designee, has been obtained. Funds
24 shall be used for purposes authorized by the Community Development Block Grant
25 Program only, and no portion of the funds granted hereby shall be used for any
26 purpose not specifically authorized by this agreement. A variation in the
27 itemization of costs, as set forth in the proposed budget submitted to City,
28 not to exceed 10% as to any particular line item, shall be allowed, provided
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1 the prior written approval of the Executive Director of the Redevelopment
2 Agency of the City of San Bernardino is obtained, it being understood that the
3 total amount of the grant shall not be varied thereby. At the end of the
4 term, all unexpended funds shall be returned to City by Subrecipient. The
5 parties intend that grant funds be utilized within the time period covered by
6 this agreement, and any funds not used shall revert to the City. No reserve
7 for the future shall be established with the funds except as may be authorized
8 to meet commitments made for services provided during the period of this
9 agreement, but not yet paid for at the conclusion of this agreement.
10 5. Accountin!1;. Prior to the final payment under this agreement, and at
11 such other times as may be requested by the Executive Director of the
12 Redevelopment Agency of City, Subrecipient shall submit to the Executive
13 Director an accounting of the proposed and actual expenditures of all revenues
14 accruing to the organization for the fiscal year ending June 30, 1986.
15 Financial records shall be maintained by Subrecipient in accordance with
16 generally accepted accounting principles, in a manner which permits City to
17 trace the expenditures of funds to source documentation.
All books and
18 records of Subrecipient are to be kept open for inspection at any time during
19 the business day by the City, its officers or agents, and by any
20 representative of the United States of America authorized to audit Community
21 Development Block Grant Programs. Standards for financial management systems
22 and financial reporting requirements established by Attachment "F" and
23 Attachment "G" of Office of Management and Budget Circular A-l1D shall be
24 fully complied with by Subrecipient. Subrecipient acknowledges that the funds
25 provided are federal funds. Subrecipient's financial management system shall
26 provide for accurate, current and complete disclosure of the financial results
27 of each program sponsored by this agreement. It is the responsibility of
28 Subrecipient to adequately safeguard all assets of the program, and
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I Subrecipient shall assure that they are used solely for authorized purposes.
2
6. Services Available to Residents; Monitoring and Reporting Program
3 Performance.
The services of Subrecipient shall be made available to
4 residents and inhabitants of the City and County of San Bernardino unless
5 otherwise noted in Exhibit "A". No person shall be denied service because of
6
color,
national origin,
creed,
marital status,
or physical
race,
sex,
7 handicap. Subrecipient shall comply with Mfirmative Action guidelines in its
8 employment practices.
Subrecipient shall also monitor the program's
9 activities and submit written reports quarterly, or more often if requested,
to the Executive Director of the Redevelopment Agency, in accordance with
Attachment "H", Office of Management and Budget Circular A-I10. Failure to
provide such quarterly performance reports may prevent the processing by City
of Subrecipient'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-I02, "Procurement Standards". In
addition to the specific requirements 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 fmds made available to Subrecipient under this
22 agreement. Subrecipient's officers, employees or agents shall neither solicit
23 nor accept gratuities, favors, or anything of monetary value from contractors
24 or potential contractors. To the extent permissible by state law, rules, and
25 regulations, the standards adopted by Subrecipient shall provide for
26
penalties,
sanctions or other disciplinary actions
to be applied
for
27 violations of such standards by either the Subrecipient's officers, employees
28
or agents, or by contractors or their agents.
Subrecipient shall provide a
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1 copy of the code or standards adopted to City forthwith. All procurement
2 transactions without regard to dollar value shall be conducted in a manner so
3 as to provide maximum open and free competition. The Subrec1pient shall be
4 alert to organizational conflicts of interest or non-competitive practices
5 among contractors which may restrict or eliminate competition or otherwise
6 restrain trade.
Subrecipient agrees to adhere to the procurement rules
7 specified in OMB Circular A-I02 Attachment "0" in its expenditure of all funds
8 received under this agreement.
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8. Anti-Kick Back Provisions; Equal Employment Opportunity.
All
10 contracts for construction or repair using funds provided under this agreement
11 shall include a provision for compliance with the Copeland "Anti-Kick Back"
12 Act (18.U.S.C. 874) as supplemented in Department of Labor Regulations (29
13 CFR, Part 3). This act provides that each contractor or subgrantee shall be
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14 prohibited from inducing, by any means, any person employed in the
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15 construction, completion or repair of public work, to give up any part of the
16 compensation to which he is otherwise entitled. Subrecipient shall report all
17 suspected or reported violations to City. All contracts in excess of $10,000
18 entered into by Subrecipient using funds provided under this agreement shall
19 contain a provision requiring compliance with Equal Employment Opportunity
20 provisions established by Executive Order 11246 as amended.
21 9. Prevailing Wage Requirement. Any construction contracts awarded by
22 Subrecipient using funds provided under this agreement in excess of $2,000
23 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
24 276a to 276a-7) and as supplemented by Department of Labor Regulations (29
25 CFR). Under this act, contractors shall be required to pay wages to laborers
26 and mechanics at a rate not less than the minimum wages specified in a wage
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27 determination made by the Secretary of Labor. In addition, contractors sba1l
28 be required to pay wages not less often than once a week. Subrecipient shall
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1 place a copy of the current prevailing wage determination issued by the
2 Department of Labor in each solicitation and the award of a contract shall be
3 conditioned upon the acceptance of the wage determination. Subrecipient shall
4 report all suspected or reported violations to City.
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lO. Approval of City of any Charges; Use of Program Income.
City
6 reserves the right to require Subrecipient to obtain the prior written
7 approval of City of any charges or fees to be charged by Subrecipient for
8 services provided under this agreement, and of any rules and regulations
9 governing the provision of services hereunder.
Program income represents
10 gross income earned by the Subrecipient from the federally supported
11 activities.
Such earnings exclude interest earned on advances and may
12 include, but will not be limited to, income from service fees, sale of
13 commodities, usage and rental fees. These funds shall be used first for
14 eligible program activities, before requests for reimbursement, or shall be
15 remitted to the City. Subrecipient 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. Temporary Withholding. The Executive Director of the Redevelopment
Agency of City is authorized to temporarily withhold the payment of funds to
Subrecipient when the Executive Director determines that any violation of this
agreement has occurred.
Funds shall be withheld until the violation is
corrected to the satisfaction of the Executive Director or of the Mayor and
Common Council. Subrecipient 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 45 days after the funds have
first been withheld, provided Subrecipient requests such hearing within 15
days after such first withholding.
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12. Records Retention.
Financial
records,
supporting
documents,
statistical records, and all other records pertaining to the use of the funds
3 provided under this agreement shall be retained by Subrec1pient for a period
4 of three years, at a minimum, and in the event of litigation, claim or audit,
5 the records shall be retained until all litigation, claims, and audit findings
6 involving the records, have been fully resolved. Records for non-expendable
7 property acquired with federal funds provided under this agreement shall be
8 retained for three years after the final disposition of such property.
9 13. Property Management Standards. Non-expendab1e personal property, for
10 the purposes of this agreement, is defined as tangible personal property,
11 purchased in whole or in part with federal funds, which has useful life of
12 more than one (1) year and an acquisition cost of three hundred dollars
13 ($300.00) or more per unit.
Real property means land, including land
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14 improvements, structures and appurtenances thereto, excluding movable
15 machinery and equipment. Non-expendable personal property and real property
16 purchased with or improved by funds provided under this agreement shall be
17 subject to the property management standards specified in Attachment "N" of
18 Office of Management and Budget Circular A-l02, "Property Management
19 Standards".
20
14. Termination for Cause.
City and County reserve the right to
21 terminate this agreement and any and all grants and future payments under this
22 agreement in whole or in part at any time before the date of completion of
23 this agreement whenever City and County determine that the Subrecipient has
24 failed to comply with the conditions of this agreement. In the event City and
25 County seek to terminate this agreement for cause, City shall promptly notify
26 the Subrecipient in writing of the proposed termination and the reasons
....... 27 therefor, together with the proposed effective date. Subrecipient shall be
28 given an opportunity to appear before the Mayor and Common Council at the time
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] at which the Mayor and Common Council are to consider such recommended
2 termination. and shall be given a reasonable opportunity to show cause why, if
3
exists,
the
should
be
terminated
for
agreement
not
any
cause.
Upon
4 determination by the Mayor and Common Council that the contract should be
5 terminated for cause, notice thereof, including reasons for the determination,
6 shall promptly be given to Subrecipient, together with information as to the
7 effective date of the termination. The determination of the Mayor and Common
8 Council as to cause shall be final.
9
15. Termination for Convenience.
City, County or Subrecipient may
]0 terminate this agreement in whole or in part provided all parties agree that
]] the continuation of the project would not produce beneficial results
12 commensurate with further expenditure of funds. In such event, the parties
13 shall agree upon the termination conditions, including the effective date and.
14 in the case of partial terminations, the portion to be terminated.
The
15 Subrecipient shall not incur new obligations for the terminated portion after
16 the effective date and shall cancel as many outstanding obligations as
17 possible. City shall allow Subrecipient full credit for the City and County's
18 share of the non-cancellable obligations properly incurred by the Subrecipient
19 prior to termination.
20 16. Hold Harmless. Subrecipient agrees to indemnify and save harmless
21 the City and County and their employees and agents from all liabilities and
22 charges, expenses (including counsel fees), suits or losses, however
23 occurring, or damages. arising or growing out of the use or receipt of funds
24 paid under this agreement and all operations under this agreement. Payments
25 under this agreement are made with the understanding that the City and County
26 are not involved in the performance of services or other activities of
27 Subrecipient.
Subrecipient and its employees and agents are independent
28 contractors and not employees or agents of City or County.
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17. Amendment. This agreement DIaY be amended or modified only by written
2 agreement signed by all parties, and failure on the part of either party to
3 enforce any provision of tbis agreement shall not be construed as a waiver of
4 the right to compel enforcement of any provision or provisions.
5 18. Assignment. This agreement shall not be assigned by Subrecipient
6 without the prior written consent of City and County.
7 19. Notices. All notices herein required shall be in writing and
8 delivered in person or sent by certified mall, postage prepaid, addressed as
9 follows:
10 As to City:
As to Subrecipient:
11 Executive Director,
Redevelopment Agency of the
12 City of San Bernardino
City Hall
13 300 North "D" Street
San Bernardino, CA 92418
Executive Director
Boys Club of San Bernardino, Inc.
1180 West 9th Street
San Bernardino, California 92411
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15 20. Evidence of Authority. Subrecipient shall provide to City evidence
16 in the form of a certified copy of minutes of the governing body of
17 Subrecipient, or other adequate proof, that tbis agreement has been approved
18 in all its detail by the governing body of Subrecipient, that the person (s)
19 executing it are authorized to act on behalf of Subrecipient, and that this
20 agreement is a binding obligation on Subrecipient.
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2 the day and year first hereinabove written.
1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
3 CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
BY
Chairman, Board of Supervisors
Dated:
ATTEST:
BY
Clerk, Board of Supervisors
APPROVED AS TO LEGAL FORM:
BY
County Counsel
BOYS CLUB OF SAN BERNARDINO, INC.
BY
Chairman
BY
Secretary
DATED:
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SCOPE OF SERVICES
The Mayor and Common Council of the City of San Bernardino directed that a
construction design team be designated consisting of staff from the Boys Club
and the following City of San Bernardino Departments: Public Works, Parks,
Recreation and Community Services; Building and Safety; Fire; and the
Redevelopment Agency. The construction design team will have overall
responsibility for adminstering the racquetball courts phase of the Boys Club
capital improvement program.
The Director of Public Works/City Engineer will administer the architect
selection bid process. Upon receipt of a reasonable number of bids, the
Director of Public Works/City Engineer, Boys Club representatives and staff
from Parks, Recreation and Community Services, and the Redevelopment Agency
will interview the architects submitting bids and select the architect most
qualified.
When the architectural renderings are complete and have been accepted by the
Director of Public Works/City Engineer, the Director will oversee the
construction contractor bid process. The parties described above in the
architect selection process will also be involved in the selection of the
- construction contractor.
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The City, as lead agent, shall award the construction contract after is has
been reviewed and approved by a designated representsative of Subrecipient,
and all progress payments upon the contract shall be subject to review by the
Subrecipients.
Exhibit "A"
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Organization
City
County
City
County
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BUDGET
Fiscal Year
1984/l985
1984/1985
1985/1986
1985/1986
Exhibit "B"
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Amount
$ 65,000
45,000
40,000
20,000
$170,000