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HomeMy WebLinkAbout21-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION , . 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. 1 2 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. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 8 THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 11 County CDBG Funds to provide facility improvements to the Boys and Girls Club. 12 13 14 15 16 17 18 19 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 21 22 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 23 this resolution. 24 25 26 27 28 IIIII IIIII fr ::/.-1 :T/ :i-'O~ 1 2 3 4 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. 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 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 16 17 18 19 KELLEY McCAMMACK Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this 21 2006. 22 23 24 25 Approved as to form: day of Patrick J. Morris, Mayor City of San Bernardino 26 27 28 1 } , 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) III III III III III III III III III III III III Page 3 of 4 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{. I 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