112-00306-002 Agenda Item No. 4 ( g )
March 13, 2006 Meeting of March 21, 2006
MEMORANDUM
TO: Agency Commissioners
FROM: Marcia Rosen, Executive Director
SUBJECT: Authorizing a three-year lease with Mercy Housing California, a California limited partnership, for office space located at 1035 Folsom Street for the South of Market Project Area Committee and authorizing related costs, in a total amount not to exceed $162,331, subject to appropriation; South of Market Redevelopment Project Area
EXECUTIVE SUMMARY
The Agency has been leasing 1,175 square feet of space at 1035 Folsom Street from Mercy Housing California (“Mercy”) for the South of Market Project Area Committee (“PAC”) office. The lease has been operating on a month-to-month basis since September 2005 while staff prepared and negotiated a new lease with Mercy. Staff has negotiated a three-year lease for $1,762.50 per month rent for the first year, plus a $150.00 per month heating, ventilation, and air conditioning service fee (“HVAC Fee”). The Agency will pay for electricity directly.
Staff seeks authorization to enter into a three-year lease with Mercy Housing
BACKGROUND
Since August 10, 1998, South of Market PAC office has been located at 1035 Folsom Street near the corner of Sixth and Folsom Streets on the ground floor of Mercy’s Columbia Park Apartments, a five-story affordable housing development completed with assistance from the Agency in 1995. This location is well known throughout the community as the PAC office. PAC members have expressed to Agency staff that they would like to continue PAC operations at its current location. On behalf of the PAC, Agency staff has negotiated a new lease for a period of three years with an option to extend the lease for another three-year term.
DISCUSSION
Proposed Lease
The proposed lease with Mercy covers 1,175 leasable square feet on the ground floor of Columbia Park Apartments and provides the tenant with access to two accessible bathrooms and use of the community room with advance reservation. It is a three-year modified net lease, by which the Agency is obligated to pay the base rent of $1,762.50 a month, plus the HVAC Fee. Because the space is not separately metered for gas, the $150 per month HVAC Fee covers heating costs and maintenance of the HVAC system. The lease includes an annual 3% increase, which shall apply to the HVAC Fee as well. The Agency is responsible for direct payment of electricity, currently estimated at $175.00 per month. Given inflation and rising energy costs, a 10% contingency is added to these utility costs for the purpose of projecting the funds that will be required
Total projected lease expenses for the first year will not exceed $25,050. Total projected lease expenses for years two and three will not exceed $25,739 and $26,453, respectively. If the Agency elects to exercise its option to renew the lease for an additional three years, the costs for years four, five and six will not exceed $27,183, $27,936 and $28,710, respectively. The Agency is also responsible for janitorial, telephone and insurance costs incurred in connection with the use of the space, which is paid for through the existing contract with the San Francisco Community Clinic Consortium. Funds for the first year of the lease are available in the current year South of Market Project Area budget. Section 3.3 of the lease stipulates that funding for future years’ rent is subject to appropriation of sufficient funds for that purpose by the Agency Commission and the Board of Supervisors through the annual budget process.
Originated by Cathy Pickering, Assistant Project Manager
Marcia Rosen
Executive Director
RESOLUTION NO. 41-2006
AUTHORIZING A THREE-YEAR LEASE WITH MERCY HOUSING CALIFORNIA, A CALIFORNIA LIMITED PARTNERSHIP, FOR OFFICE SPACE LOCATED AT 1035 FOLSOM STREET FOR THE SOUTH OF MARKET PROJECT AREA COMMITTEE AND AUTHORIZING RELATED COSTS, IN A TOTAL AMOUNT NOT TO EXCEED $162,331, SUBJECT TO APPROPRIATION; SOUTH OF MARKET REDEVELOPMENT PROJECT AREA
BASIS FOR RESOLUTION
The Redevelopment Agency of the City and County of San Francisco (“Agency”) entered into a lease with Mercy Housing California
The location at 1035 Folsom Street is well-known to the community as the South of Market PAC office.
South of Market PAC members have requested that it continue its operation at the current location.
The proposed lease is for three years with a three-year option with rent and projected related costs for the first year of $25,050. There are 3% increases in rent and related fees in succeeding years and a contingency amount for other costs. The total projected rental expenditure will not exceed $162,331. Payment of all amounts after the first year is subject to appropriation by the Agency Commission and the Board of Supervisors through the Agency’s annual budget process.
RESOLUTION
ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to execute a three-year lease with a three-year option with Mercy Housing California for the South of Market Project Area Committee office located at 1035 Folsom Street and expenditure of related costs in an amount not to exceed $162,331, substantially in the form lodged with the Agency General Counsel.
APPROVED AS TO FORM:
_________________________
James B. Morales
Agency General Counsel
114-01006-002 Agenda Item No. 4 ( h )
February 27, 2006 Meeting of March 21, 2006
MEMORANDUM
TO: Agency Commission
FROM: Marcia Rosen
Executive Director
SUBJECT: Authorizing a Personal Services Contract with CleanScapes, Inc., a Washington corporation, to provide streetscape maintenance and related services on Fillmore Street for a term of one year in an amount not to exceed $164,815, with two, one-year extension, options subject to appropriations; Western Addition Redevelopment Project Area A-2.
EXECUTIVE SUMMARY
Agency staff issued a Request for Proposals (“RFP”) on November 16, 2005, for a property management or landscape maintenance firm to provide streetscape maintenance and related services on a portion of the sidewalk right-of-way along
Staff recommends approval of a Personal Services Contract with CleanScapes, Inc. to provide streetscape maintenance and related services on
DISCUSSION
Background
On July 25, 2000 and September 18, 2001, the Agency Commission approved construction contracts totaling $4,123,966.00 to Bauman Landscape Inc. (“Bauman”) to construct certain streetscape improvements along
RFP Process
Pursuant to Agency’s procurement process, staff issued the RFP on November 7, 2005, with a proposal due date of December 16, 2005. Staff notified approximately 20 property/landscape management firms of the opportunity, and the RFP was advertised on the City’s Bid and Contracting website, and in the San Francisco Chronicle, San Francisco Examiner, World Journal and Asian Times. On November 15, 2005, a pre-bid conference/tour was held at
The RFP sought proposals for a wide range of services, including:
- Maintenance of O’Farrell Street Plaza, comprised of approximately 9,500 square feet of land area;
- Landscape maintenance of existing and newly planted trees in the Area;
- Maintenance of benches, light poles, plaques, and trash receptacles.
The objective was to select a property/landscape management firm whose principals and key personnel are highly skilled in streetscape and landscape maintenance, including experience in working with community non-profit groups that provide on-the-job training to the Western Addition Project Area A-2 residents.
Four firms submitted timely proposals, the names and proposed contract amounts of which are listed below.
Bid Proposals:
|
|
Base Fees for 12 months |
Force Account |
Total Amount |
|
|
WonderFalls |
$ 133,450.00 |
$ 5,000.00 |
$ 138,450.00 |
|
|
Empire Landscaping |
$ 155,640.00 |
$ 5,000.00 |
$ 160,640.00 |
|
|
CleanScapes, Inc. |
$ 159,815.00 |
$ 5,000.00 |
$ 164,815.00 |
|
|
Twin III Bldg Maintenance Co. |
$ 176,532.00 |
$ 5,000.00 |
$ 181,532.00 |
|
The four proposals which staff evaluated range in base fees from $133,450.00 to $176,532.00 for a one-year term. Each proposal contains a separate monthly fee for the scheduled maintenance plus a $5,000 force account to be used for repairs, replacement of diseased or damaged trees, and other landscape materials. The respective monthly fees not including the force account are as follows:
WonderFalls $11,120.87
Empire Landscaping $12,970.00
CleanScapes, Inc. . $13,317.98
Twin III Bldg Maintenance Co. $14,711.00
Evaluation Process
A review panel conducted interviews with each respondent on February 22, 2006. The review panel consisted of Isabella Wong, Development Specialist; Juanita Johnston, Contract Compliance Specialist; Audrey Kay, Property Management Specialist; Estelle Crawford, Western Addition Citizen Advisory Committee member; and Floyd Trammell, Director of the West Bay Conference Center.
In evaluating each proposal, the review panel applied the following criteria provided in the RFP:
- Strength of the firm’s qualifications to undertake the scope of work;
- Willingness to work with a Western Addition non-profit organization to provide on-the-job training to Project Area residents for a portion of the work;
- Reputation/track record with clients for responsiveness, high quality of work and reliability;
- Firm’s staff composition, size, fee structure and qualifications;
- Equal opportunity practices;
- Integrated pest control management experience;
- Direct prior experience with the Agency; and
- Horticulture knowledge.
Summary Evaluation of Each Proposal
CleanScapes, Inc.
CleanScapes, Inc. is a
CleansScapes’ proposal was unique from the other three proposals in that it calls for cleaning services seven days per week, split into two service shifts of seven hours of cleaning and general maintenance in the morning (6:30 a.m. to 2:00 p.m. with ½ hour lunch break) and two hours of sweeping in the late afternoon (5:00 p.m. to 7:00 p.m.). The purpose of the late afternoon sweep is to ensure that the Area is litter and graffiti free as Area residents return to the neighborhood from work, as well as to ensure a clean presentation for evening diners, shoppers and visitors to the Jazz District.
CleanScapes will work in tandem with EHHCC to employ and train individuals in all aspects of the streetscape maintenance program. These workers will have an opportunity to transfer or be promoted to other jobs and other projects that CleanScapes manages.
CleanScapes submitted the second highest bid of the four proposals; however, the review panel believes it will provide the best service for the Area and the split shift, seven day schedule will allow the company to employ more Western Addition residents.
WonderFalls
WonderFalls is a landscape gardening firm located in
Empire Landscaping
Empire Landscaping is a landscaping firm located in
Twin III Building Maintenance Company
Twin III Building Maintenance Company is a
CONCLUSION
The four firms submitting proposals to provide streetscape maintenance and related services offered a broad range of expertise and fee structures. Among the key factors in the review panel’s recommendations are: Twin III Building Maintenance Company has more experience in janitorial services than landscape maintenance services. Empire Landscaping did not exhibit a willingness to work with Western Addition non-profit organizations or hire area residents. Although Wonderfalls appears knowledgeable, competent and worthy of consideration and submitted the lowest bid, the review panel was concerned that the proposed service levels were inadequate to provide the amount of attention and care desired for the Area.
CleanScapes representatives responded extremely well to all of the questions that were raised by the review panel demonstrating that they are knowledgeable in horticulture and high traffic urban environment areas. In addition CleanScapes included in its proposal: 1) a detailed plan for the care and maintenance of each species of tree in the contract, 2) planter boxes in O’Farrell Street Plaza area, and 3) a proposal to repair and maintain the street lights. The review panel believes that CleanScapes submitted the strongest proposal with respect to each criterion set forth in the RFP, including demonstrated knowledge, skills and experience in performing the streetscape maintenance and related services for the Area.
The Agency has invested approximately $5 million on the streetscape project along
Staff recommends CleanScapes, Inc. to provide streetscape maintenance and related services along
Contract Compliance
The Agency's Contract Compliance Office has certified that Cleanscapes, Inc. is a certified SBE under the Agency's Small Business Enterprise Program and complies with the Agency's Minimum Compensation, Health Care Accountability, and Nondiscrimination in Contracts Policies.
Community Input
Due to the meeting schedule of the WACAC over the past few weeks, the final version of the proposed Personal Services contract was not presented to the members in a meeting, but rather provided by mail. However, the WACAC has been continuously informed and kept up to date with the development of this RFP and proposed Personal Services Contract through Agency staff and the WACAC member who participated on the Panel. Through this process, and in consultation with Barbara Meskunas, Vice Chair of the WACAC and Rev. Arnold Townsend, the committee members are supportive of moving forward on the selection of Cleanscapes as the contractor to continue the maintenance of the Fillmore Jazz Preservation District.
Originated by Audrey Kay, Property Management Specialist
Marcia Rosen
Executive Director
Attachments:
Memorandum of Understanding between Cleanscapes and EHHCC
Letter of Support from EHHCC
RESOLUTION NO. 42-2006
AUTHORIZING A PERSONAL SERVICES CONTRACT WITH CLEANSCAPES, INC., A WASHINGTON CORPORATION, TO PROVIDE STREETSCAPE MAINTENANCE AND RELATED SERVICES ON FILLMORE STREET FOR A TERM OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $164,815, WITH TWO, ONE-YEAR EXTENSION, OPTIONS SUBJECT TO APPROPRIATIONS; WESTERN ADDITION REDEVELOPMENT PROJECT AREA A-2
BASIS FOR RESOLUTION
- On September 20, 2005, the Agency authorized an extension to the MJM and EHHCC Contract to allow time for staff to advertise and issue a new Request for Proposals (“RFP”) and to evaluate responses to the RFP.
- The RFP was then reissued on January 9, 2006.
- The selection panel conducted interviews, site inspections and reference checks and determined that CleanScapes, Inc. is the most qualified to perform the desired scope of services.
- The Agency wishes to enter into a Personal Services Contract with CleanScapes, Inc. for streetscape maintenance services in the Project Area for an initial twelve- month period at a cost not to exceed $164,815.00, and two, one-year option periods to be exercised at the sole discretion of the Executive Director.
- Exercise of the option periods is subject to the need for services and the availability of funds in the Project Area budget.
RESOLUTION
ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to enter into a Personal Services Contract with CleanScapes, Inc., a Washington corporation, to provide streetscape maintenance services in the Western Addition Approved Redevelopment Project Area A-2 for an initial term of one year with two, one-year options at the discretion of the Executive Director in a total amount not to exceed $164,815 for the first year of the contract. The second and third years of the Contract are subject to the need for services and availability of funds.
APPROVED AS TO FORM:
_________________________
James B. Morales
Agency General Counsel
108-03506-002 Agenda Item No. 4 (i )
March 15, 2006 Meeting of March 21, 2006
MEMORANDUM
TO: Agency Commissioners
FROM: Marcia Rosen, Executive Director
SUBJECT: Authorizing a Grant Agreement with the San Francisco Juneteenth Committee (“SF Juneteenth”), an unincorporated association, to produce and manage promotional events and activities in the Fillmore Jazz Preservation District for a one-year term in an amount not to exceed $261,250 and authorizing the Executive Director to enter into a Personal Services Contract with Allen Community Development Corporation, or other qualified fiscal agent as selected by SF Juneteenth and who meets the Agency’s insurance, indemnification and other requirements, to serve as its fiscal agent in an amount not to exceed $13,750, for a total aggregate amount not to exceed $275,000; Western Addition Redevelopment Project Area A-2
Executive Summary
On October 7, 2005, the Agency issued a Request for Proposals (“RFP”) to provide all services necessary to design, promote, and produce events and activities requested by the community for the Fillmore Jazz Preservation District (“Jazz District”) in the Western Addition Redevelopment Project Area A-2 (“Project Area”) for 2006 to 2007. Three timely proposals were submitted to the Agency by the deadline of November 28, 2005. These proposals were reviewed and deemed incomplete. To expedite the selection of a contractor, the Agency requested that the three candidates resubmit complete responses by December 2, 2005. From this subsequent request, the Agency received one timely and complete proposal, submitted by SF Juneteenth.
A selection panel (the “Panel”) was convened to interview SF Juneteenth on December 9, 2005. Upon conclusion of the interview, the Panel deliberated and requested additional information and a follow-up meeting with SF Juneteenth. The Agency and SF Juneteenth continued discussions over the month of January to refine the scope of services and budget. During this time, SF Juneteenth identified Allen Community Development Corporation as a potential partner to serve as its fiscal agent. The Panel held one final deliberation on February 9, 2006, at which time the majority of members decided to recommend that the Agency enter into a Grant Agreement with SF Juneteenth and a Personal Services Contract with Allen Community Development Corporation, or other qualified fiscal agent.
Staff recommends execution of the Grant Agreement with SF Juneteenth, in an amount not to exceed $261,500, and authorizing the Executive Director to enter into a Personal Services Contract with Allen Community Development Corporation, or other qualified fiscal agent as selected by SF Juneteenth and who meets the Agency’s insurance, indemnification and other requirements, to serve as the fiscal agent to SF Juneteenth.
BACKGROUND
The Fillmore Jazz Preservation District was established in 1995 to focus Agency resources in the Western Addition on economic development and the revitalization of this commercial, dining and retail district which reflects the vibrant historical and cultural heritage of the area. Over the past few years, specific public events and activities have encouraged community participation and attracted a broad spectrum of visitors to the Jazz District.
In February 2003, the Commission authorized the creation of the Fillmore Jazz Preservation District Promotions Office (“Promotions Office”) to facilitate the Agency’s economic revitalization efforts in the Jazz District. The objective of the Promotions Office was to market the Jazz District as an entertainment destination and organize events and activities designed to draw people to the Jazz District from around
In March 2005, the Commission authorized the Promotions Office’s third-year operating budget which provided funding for a schedule of events and activities through February 2006. However, the Promotions Office was closed on July 31, 2005, after the Agency’s Promotions Office consultant resigned from the project. With the closure of the Promotions Office, funds that were earmarked for events and activities and residual funds in the contractor’s account remained available for community-based events in the Jazz District. After consultation with the community and the Western Addition A-2 Citizens Advisory Committee (“WACAC”), it was decided that these remaining funds should be used to fulfill the original intent of the Commission, which was to provide events and activities in the Jazz District.
DISCUSSION
Request for Proposals
After extensive consultations with the community and the WACAC, the Agency issued a RFP on October 7, 2005 to solicit a contractor or a team of contractors to design, promote, and produce events and activities for the Jazz District in the Project Area for a one-year period from March 2006 to February 2007. Proposals were due on November 28, 2005.
The Agency received three timely yet incomplete proposals on or before the deadline. In an effort to expedite the selection of a contractor, the Agency requested that the three candidates resubmit complete responses by December 2, 2005. As a result of this request, one candidate opted not to resubmit and two candidates resubmitted their proposals. The Agency reviewed the resubmitted proposals and found one proposal to be complete and responsive. This proposal, entitled “FillmoreLive,” was submitted by SF Juneteenth. A selection panel (the “Panel”) was convened to interview SF Juneteenth on December 9, 2005. The Panel was comprised of the following WACAC members and Agency staff:
Mr. Steve Boyack, WACAC Member
Ms. Sheryl Davis, WACAC Member
Reverend Arnold Townsend, WACAC Member
Ms. Gaynell Armstrong, SFRA Project Manager
Ms. Alicia Bert, SFRA Assistant Development Specialist
Ms. Denise Blades, SFRA Development Specialist
Ms. Ida Lee, SFRA Contract Compliance Officer
Upon conclusion of the interview, the Panel decided that more information was necessary to make a decision and generated questions for SF Juneteenth to address. The Panel requested a second interview with SF Juneteenth to discuss additional issues, which was held on December 28, 2005. As a result of this follow-up meeting, the Panel requested specific budget information from SF Juneteenth to review and discuss before making a final decision. The additional budget information was received on January 4, 2006. The Panel and SF Juneteenth engaged in further discussions over the month of January. The Panel held one final deliberation on February 9, 2006, at which time the majority of members decided to forward a recommendation to the WACAC and the Commission to enter into the Grant Agreement with SF Juneteenth.
SF Juneteenth Committee
SF Juneteenth is an association of local community-based organizations, residents and business people who are deeply rooted in the Western Addition community and have produced the annual Juneteenth Festival for a number of years. In response to the RFP, SF Juneteenth assembled a team of subcontractors to produce a slate of events and activities over the upcoming year. Under the proposed Grant Agreement, SF Juneteenth will be the prime contractor responsible for the overall management and implementation of the Jazz District events. Additionally, SF Juneteenth has identified Allen Community Development Corporation as a potential partner to serve as its fiscal agent.
Proposed Grant Agreement and Personal Services Contract
Under the proposed Grant Agreement, SF Juneteenth will manage and oversee the production of the following events and activities in the Western Addition:
- Jazz District Merchant Marketing Activities ($41,596): Marketing activities and campaigns will be developed to promote businesses and merchants located in the Jazz District and to promote the Jazz District itself as a retail and entertainment destination for tourists and convention attendees. Marketing plans will be designed and coordinated with local Jazz District merchants and the community.
- Juneteenth Celebration Event ($45,505.50): SF Juneteenth has initiated a comprehensive, multi-week schedule of events and activities to celebrate African American freedom as commemorated by the holiday of Juneteenth. This celebration will culminate in a final weekend of events that will include a parade and a Fillmore Street Celebration to be held on June 17 and 18, 2006.
- Fillmore Fridays Outdoor Concert Series ($48,617): Reflective of the importance of music to the Jazz District, seven Friday night concerts will be held during the months of August and September. These outdoor concerts will feature bands and performances from a wide variety of musical genres.
- Jazz District Film Festival ($12,550): This event will feature screenings of films that emphasize black history and culture. It will be an opportunity to showcase filmmakers who are breaking new ground in the visual arts.
- Fillmore KPOO Big Band Dance Festival and BBQ Cook-Off ($50,799): Modeled after the Agency-sponsored Big Band Duel & BBQ Cook-Off held in October 2004, the event will return in October 2006. This day-long event will include live music, dance contests, and a BBQ Cook-Off competition to be judged by local celebrities.
- Black History Month 2007 Event ($7,995): To acknowledge and celebrate the accomplishments of African Americans, a month of activities are scheduled for February 2007. These activities will include walking tours of the Jazz District, musical and dance performances, speakers’ series and art exhibits.
In addition to the amounts indicated above, management costs of the overall events will be funded at $67,937.50 and fiscal agent fees will be funded at $13,750. The fiscal agent fee is distributed across the management and events budgets in proportion to the total grant amount allocated to each budget. These events and activities will take place in the Project Area over a one-year period. All events will be open to the public. These event and activities are to be produced for an amount not to exceed $275,000.
SF Juneteenth has identified Allen Community Development Corporation as a potential partner to serve as its fiscal agent. However, negotiations are still underway regarding the final selection of a fiscal agent which meets the requirements of both SF Juneteenth and the Agency. Under this arrangement, the Executive Director will be authorized to into a Personal Services Contract with Allen Community Development Corporation, or other fiscal agent, for the purpose of managing fund receipts and distribution, and providing financial reports to the Agency. No funds will be released until a final contract is executed with a fiscal agent.
Under the proposed Grant Agreement and Personal Services Contract, both SF Juneteenth and Allen Community Development Corporation have agreed to comply with the Agency’s policies regarding the Small Business Enterprise (“SBE’) program, minimum compensation and health care accountability, all of which are designed to stimulate economic development within the Project Area. Additionally, as these events and activities are located within the Jazz District, SF Juneteenth plans to maximize hiring from the community, which will lead to the creation of local jobs.
Community Input
Due to the meeting schedule of the WACAC over the past few weeks, the final version of the proposed Grant Agreement and Personal Services contract were not presented to the members but rather provided by mail. However, the WACAC has been continuously informed and kept up to date with the development of this agreement with SF Juneteenth through Agency staff and WACAC members who participated on the Panel. Through this process, and in consultation with Barbara Meskunas, Vice Chair of the WACAC, and Rev. Arnold Townsend, the membership has been supportive of moving forward on the selection of a contractor to implement the calendar of events without delay.
Originated by Alicia Bert, Assistant Development Specialist
Marcia Rosen
Executive Director
Cc: The Western Addition A-2 Citizens Advisory Committee
Supervisor Ross Mirkarimi
RESOLUTION NO. 43-2006
Authorizing a Grant Agreement with the San FranciscO Juneteenth Committee (“SF Juneteenth”), an unincorporated association, to produce and manage promotional events and activities in the Fillmore Jazz Preservation District for a one-year term in an amount not to exceed $261,250 and authorizing the Executive Director to enter into a Personal Services Contract with Allen Community Development Corporation, or other qualified fiscal agent as selected by SF Juneteenth and who meets the Agency’s insurance, indemnification and other requirements, to serve as its fiscal agent in an amount not to exceed $13,750, for a total aggregate amount not to exceed $275,000; Western Addition Redevelopment Project Area A-2
BASIS FOR RESOLUTION
- On October 7, 2005, the Redevelopment Agency of the City and
- A selection panel (“Panel”) was convened to review a timely and complete proposal submitted by SF Juneteenth. The Panel was comprised of members from the Western Addition Citizens Advisory Committee (“WACAC”) and Agency staff. After thorough review, the Panel decided to enter into negotiations with SF Juneteenth to refine the scope of services and design a reasonable budget to ensure a successful year of events.
- Events and activities will be held in the Project Area.
- The Allen Community Development Corporation was identified as a potential partner to serve as a fiscal agent to SF Juneteenth. However, due to on-going negotiations, final selection a fiscal agent that meets the requirements of both SF Juneteenth and the Agency has not been determined. The Executive Director will be authorized to enter into a Personal Services Contract directly with Allen Community Development Corporation, or other fiscal agent, for a term of one year in an amount not to exceed $13,750, once a final selection is made.
- SF Juneteenth will receive, through its fiscal agent, an amount not to exceed $261,250 in grant funds to be used as a portion of the funding for the events.
RESOLUTION
ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and
- to enter into a Grant Agreement with the San Francisco Juneteenth Committee, an unincorporated association, to produce and manage events and activities in the Fillmore Jazz Preservation District for a one-year term in an amount not to exceed $261,250.
- to enter into a Personal Services Contract with Allen Community Development Corporation, or other qualified fiscal agent as selected by SF Juneteenth and who meets the Agency’s insurance, indemnification and other requirements, to serve as fiscal agent to the San Francisco Juneteenth Committee in an amount not to exceed $13,750 for a total aggregate amount not to exceed $275,000.
APPROVED AS TO FORM:
_________________________
James B. Morales
Agency General Counsel
108-03206-002 Agenda Item No. 4 ( j & k )
March 15, 2006 Meeting of March 21, 2006
MEMORANDUM
TO: Agency Commissioners
FROM: Marcia Rosen
Executive Director
SUBJECT: Authorizing an Owner Participation Agreement with Bayview Village, LLC, a California limited liability company, for the development of a five-story, mixed-use project including 15 rental units and ground-floor retail space at 950 Newhall Street, located at the corner of Newhall Street and Kirkwood Avenue; Bayview Industrial Triangle Redevelopment Project Area
Conditionally approving a schematic design for the development of a five-story, mixed-use project including 15 rental units and ground-floor retail space at 950 Newhall Street, located at the corner of Newhall Street and Kirkwood Avenue; Bayview Industrial Triangle Redevelopment Project Area
EXECUTIVE SUMMARY
The Owner is seeking approval of a proposed Owner Participation Agreement ("OPA") to develop a new five-story, mixed-use project including 15 rental units and approximately 5,000 square feet of ground-floor retail space, with 16 vehicle and five bicycle parking spaces in the basement, 1,332 square feet of useable open space on a second-floor terrace, and private outdoor terraces for all units (collectively, the “Development”).
The proposed Development complies with the requirements of the Bayview Industrial Triangle Redevelopment Plan (the "Plan"). In compliance with the Agency’s Housing Participation Policy ("AHPP"), two of the 15 residential units will be affordable housing units. The Owner is not seeking any Agency financial assistance. The Owner has agreed to participate in the Agency's small business enterprise and construction workforce programs, to give first consideration for any permanent or temporary workforce hires to Bayview Hunters Point residents, and to utilize community-based organizations for any hiring referrals.
The Owner presented the proposed Development at numerous subcommittees of the Bayview Hunters Point Project Area Advisory Committee (“PAC”) in September and October 2005 and was endorsed by the full PAC on October 24, 2005.
Pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15332, the Development is categorically exempt from CEQA review as an infill development that will not result in significant environmental impacts or expansion of utilities to service the project.
Staff recommends approval of the Owner Participation Agreement and conditional approval of the schematic design for the proposed Development.
DISCUSSION
Project Summary
- The Development – The Site is approximately 7,500 square feet and is currently improved with a two-story, commercial building of approximately 6,500 square feet and 1,000 square feet of paved parking lot. The Owner plans to demolish the existing building and construct a new five-story, mixed-use project which would include 15 units of rental housing, two of which would be affordable rental units. The Development proposes a combination of three one-bedroom, six two-bedroom, and six three-bedroom units on four residential floors. The average unit size is 767 square feet for one-bedroom units, 1,030 square feet for two-bedroom units, and 1,270 square feet for three-bedroom units. The Development will include approximately 5,000 square feet of retail space, 16 vehicle (15 spaces for residential use and 1 space for commercial use) and five bicycle parking spaces in the basement, and 1,332 square feet of useable open space on a second-floor terrace. In addition, all units will have private outdoor terraces.
- Permitted Land Use and Plan Compliance – The Plan provides for residential and retail uses on the Site. The Bayview Industrial Triangle Design for Development (the “Design for Development”) permits a maximum floor area ratio of 4:1, which allows for a building with a density of 30,000 square feet and a maximum height of 65 feet. The proposed Development meets the density and height requirements and includes the required minimum number of off-street parking spaces and bicycle spaces.
- Schematic Design – The Owner’s architect is proposing four floors of residential units above ground-floor commercial and basement parking (see attachment of Architectural Drawings). Varying building materials, textures and complementary colors will be used to establish project presence and visual interest within the urban context of the Bayview Industrial Triangle neighborhood. One notable architectural detail is that all units will have small private terraces as an added amenity for the residents in addition to the landscaped open space on the second floor.
During the past several months, Agency staff has been working closely and collaboratively with the Owner and the Owner’s architect in producing the building design. On October 12, 2005, the architect submitted schematic design drawings for Agency review and approval. Agency staff has completed its review of the submittal and recommends approval of the schematic design subject to successful resolution of the following design concerns:
- Further details on the placement, height and color scheme of proposed signage for the retail and residential space are required.
- Further development of the landscape plan for the common area public terrace on the second floor is required and must be approved by the Agency.
- Building materials and color schemes must be selected and submitted to the Agency for approval.
- Environmental Review– Agency staff has determined that the proposed Development is categorically exempt from CEQA environmental review pursuant to CEQA Guidelines Section 15332, “Infill Development.” The proposed Development is characterized as an in-fill development meeting the following conditions: (1) the proposed Development is consistent with the applicable general plan designation and all applicable general plan policies and zoning designations and regulations; (2) the proposed Development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the Site has no value as habitat for endangered, rare or threatened species; (4) approval of the proposed Development would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Development can be adequately served by all required utilities and public services.
- Community Input – While no formal community advisory body exists for the Bayview Industrial Triangle, the Agency consults with the PAC, as appropriate, on matters related to the Bayview Industrial Triangle Project Area. The Owner presented the proposed Development at several meetings of the PAC in 2005. The proposed Development was reviewed by the PAC Land Use, Housing, Economic Development, Health and Environment, and Executive Committees, all of which recommended support of the Development to the full
Proposed OPA Terms and Conditions
The following briefly outlines key provisions of the proposed OPA:
- Applicability of the Agency's Housing Participation Policy – The Owner is subject to the AHPP, which was last amended on July 23, 2002, by Resolution No. 71-2002. Under the AHPP, the proposed OPA is considered a Level 1 OPA. For Level 1 OPAs, a minimum of 10% of the total number of units must be affordable. In accordance with the AHPP, two of the 15 rental units will be affordable and distributed throughout the Development on the residential floors. The average unit size in the Development is 1,083 square feet, and the average affordable unit size is 1,077 square feet.
Each of the affordable units will be available to households earning up to 60% of area median income (currently $38,310 for one person). The affordable units will be offered through an outreach and lottery system pursuant to procedures established in the OPA, with Agency certificate holders receiving first preference.
- Future Potential Conversion of Rental Units to For-Sale Condominiums – While the Owner plans to open and maintain the Development as a rental project, the Owner may potentially convert the residential units after occupancy from rental to for-sale condominiums in the future, pursuant to a subdivision map to be recorded on the property. The OPA contains an incentive program for tenants occupying affordable units to ensure that no one is displaced and that each tenant has an opportunity to purchase his or her unit at an affordable price. Upon receiving official notice from the Owner, tenant in the affordable units will have one of two options:
- Tenants will have a right of first refusal to purchase the units that they occupy at the time of the notice. Final prices, which are affordable to a household earning 60% of area median income, will be set based on interest rates, homeowner association charges, and changes in area median income at the time of the sale. The Owner will provide each purchasing tenant with downpayment assistance equal to 5% of the purchase price. This downpayment assistance will be a grant, or
- Tenants will move from the units that they then occupy, if they cannot or do not wish to purchase their units, and will receive moving assistance from the Owner in an amount equal to the downpayment assistance that they could have received (5% of the purchase price). Tenants must move by the later of the expiration date of their leases or 150 days after receiving the official notice.
These options and financial incentives will ensure that no tenants in occupied affordable units are displaced, and that each has a strong opportunity to become a homeowner.
Any affordable unit that is then vacant or vacated after the Owner provides its official notice of conversion shall be sold to moderate-income households earning up to 100% of area median income (currently $63,850 for one person). Final prices for these vacant affordable units will be set based on interest rates, homeowner association charges, and changes in area median income at the time of the sale.
Prior to the occupancy of any residential unit, prospective tenants in affordable units will be informed of the future possible conversion from rental to for-sale condominiums so that these tenants are aware of all the options and financial incentives available to them.
- Small Business Enterprise ("SBE") and Construction Workforce Programs – The Owner has agreed to comply with the Agency's Interim Small Business Enterprise Program and will make good-faith efforts to achieve the goals of the Agency's SBE Program, which are 50% SBE participation for professional, personal services, and construction contracts, with first consideration to SBEs located in redevelopment project and survey areas. In addition, the Owner has agreed to comply with the Agency's construction workforce program.
- Schedule of Performance – Although the Owner expects to commence construction in
mid-2006 with completion in mid-2007, the OPA provides for the following key outside
performance dates:
|
Submission – Preliminary Construction Documents |
Within 120 days of Commission approval of the OPA |
|
Submission – Final Construction Documents |
Within 120 days after Agency staff approval of the Preliminary Construction Documents |
|
Commencement of construction
|
Within 30 days after issuance of the Building Permit by the City of |
|
Completion of construction
|
Within 18 months of issuance of the Building Permit by the City |
Originated by Alicia Bert, Assistant Development Specialist, and Gabriela Cardona, Architectural Associate
Marcia Rosen
Executive Director
Attachment:
Architectural Drawings for the Development
RESOLUTION NO. 44-2006
AUTHORIZING AN OWNER PARTICIPATION AGREEMENT WITH BAYVIEW VILLAGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT OF A FIVE-STORY, MIXED-USE PROJECT INCLUDING 15 RENTAL UNITS AND GROUND-FLOOR RETAIL SPACE AT 950 NEWHALL STREET, LOCATED AT THE CORNER OF NEWHALL STREET AND KIRKWOOD AVENUE; BAYVIEW INDUSTRIAL TRIANGLE REDEVELOPMENT PROJECT AREA
BASIS FOR RESOLUTION
- Bayview Village, LLC, a California limited liability company (the "Owner"), owns approximately 7,500 square feet of land, located at 950 Newhall Street (Assessor’s Block 5279, Lot 004) (the "Site") in the Bayview Industrial Triangle Redevelopment Project Area (the "Project Area"). The Site is located at the corner of
- The Owner is seeking approval of a proposed Owner Participation Agreement ("OPA") to demolish the existing building and develop a new five-story, mixed-use project including 15 rental units and approximately 5,000 square feet of ground floor retail space, with 16 vehicle and five bicycle parking spaces in the basement, 1,332 square feet of common resident open space on a second-floor terrace, and private outdoor terraces for all units (collectively, the “Development”).
- The proposed Development complies with the requirements of the Bayview Industrial Triangle Redevelopment Plan (the “Plan”) and pursuant to Resolution No. 45-2006, the Agency Commission is concurrently considering conditional approval of the schematic design.
- Under the AHPP, the Owner is required to provide a minimum of 10% of the total number of units as affordable. In accordance with the AHPP, two of the 15 rental units will be affordable and distributed throughout the Development.
- The Plan provides for owners to participate in the redevelopment of private property in the Project Area, and the Owner wishes to participate and to enter into an OPA to build the Development.
- Although the Owner plans to initially operate the Development as a rental project, the Owner may potentially convert the residential units after occupancy from rental to for-sale condominiums in the future, pursuant to a subdivision map to be recorded on the property. The OPA includes an incentive program for tenants occupying affordable units to ensure that no one is displaced and that each tenant has an opportunity to purchase his or her unit.
- or expansion of utilities to service the project.
- Staff recommends execution of the OPA with the Owner.
RESOLUTION
ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to execute an Owner Participation Agreement and related documents with Bayview Village, LLC, a California limited liability company, for the development of a five-story, mixed-use project including 15 rental units of residential housing and ground-floor retail space, located on the corner of Newhall Street and Kirkwood Avenue (Assessor's Block 5279, Lot 004) in the Bayview Industrial Triangle Redevelopment Project Area, substantially in the form lodged with the Agency General Counsel.
APPROVED AS TO FORM:
_________________________
James B. Morales
Agency General Counsel
RESOLUTION NO. 45-2006
conditionally approving a schematic design for the development of a five-story, mixed-use project including 15 rental units and ground-floor retail space at 950 Newhall Street, located at the corner of Newhall Street and Kirkwood Avenue; Bayview Industrial Triangle Redevelopment Project Area
BASIS FOR RESOLUTION
- The Site is located at the corner of
- The project will include 15 rental units of residential housing and approximately 5,000 square feet of ground floor retail space, with 16 vehicle and five bicycle parking spaces in the basement, 1,332 square feet of useable open space on a second-floor terrace, and private outdoor terraces for all units (collectively, the “Development”).
- The Agency Commission, pursuant to Resolution No. 44-2006, is concurrently considering entering into an Owner Participation Agreement (“OPA”) for the Development.
- The Bayview Industrial Triangle Redevelopment Plan (the “Plan”) provides for residential and retail uses on the Site. The Bayview Industrial Triangle Design for Development (the “Design for Development”) permits a maximum floor area ratio of 4:1, which allows for a building with a density of 30,000 square feet and a maximum height of 65 feet.
- The Owner has selected a local firm, Baum Thornley Architects, to develop the Schematic Design for the Site.
- The Schematic Design for the proposed Development meets the density and height requirements indicated in the Design for Development and includes the required minimum number of off-street parking spaces and bicycle spaces.
- Staff recommends approval of the Schematic Design, subject to satisfactory resolution of the following design concerns which staff believes can be addressed during the next design phase:
- Further study of the design detail of the corner at
- Further details on the placement, height and color scheme of proposed signage for the retail and residential space are required;
- The placement of a transformer vault on
- Further development of the landscape plan for the common area public terrace on the second floor is required and must be approved by the Agency;
- Building materials and color schemes must be selected and submitted to the Agency for approval;
- Resolution of the sidewalk design, along
- Street parking along
- or expansion of utilities to service the project.
RESOLUTION
ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the schematic design for the development of a five-story, mixed-use project including 15 rental units of residential space and ground-floor retail space at 950 Newhall Street (Assessor's Block 5279, Lot 004), located at the corner of Newhall Street and Kirkwood Avenue in the Bayview Industrial Triangle Redevelopment Project Area, proposed by Bayview Village, LLC, a California limited liability company, is approved conditionally in the form submitted, subject to resolution of the conditions of approval set forth above to the satisfaction of the Agency during the next phase of work, and provided that the design refinements do not alter the schematic design for the mixed-use project.
APPROVED AS TO FORM:
_________________________
James B. Morales
Agency General Counsel
450-03205-002 Agenda Item No. 4 ( l )
March 10, 2006 Meeting of March 21, 2006
MEMORANDUM
TO: Agency Commissioners
FROM: Marcia Rosen, Executive Director
SUBJECT: Authorizing a personal services contract with Arc Ecology, a California nonprofit corporation, to provide environmental outreach and information services to the Bayview Hunters Point community for a term of one year, with two 1-year extension options, and approving the first year budget in the amount of $283,500; Hunters Point Shipyard Redevelopment Project Area.
EXECUTIVE SUMMARY
On October 10, 2005, in accordance with Agency policy, staff issued the Request for Proposals (“RFP”) seeking proposals from qualified consultants to provide environmental outreach services to the Bayview Hunters Point (“BVHP”) community and to provide clear and responsive information about the environmental impacts of development at the former Hunters Point Naval Shipyard (the “Shipyard”). The Agency received complete and responsive proposals from five environmental consulting firms and teams by the RFP submission deadline. On November 14, 2005, a seven member selection panel evaluated the five respondents and recommended Arc Ecology, a
On December 20, 2005, the Commission considered but did not authorize a contract with Arc. After consultation with CAC members, staff concluded that the best way to address community concerns in a timely fashion would be to convene a new review panel to re-consider the proposals. On February 17, 2006, staff provided an Informational Memorandum to the Commission advising it of staff’s intention to re-evaluate the responses to the RFP by a new selection panel. Staff contacted each respondent to set up interviews for the re-evaluation process. In response, two respondents, Arc and Katz & Associates, expressed a desire to be re-evaluated by a new selection panel; the remaining three respondents withdrew from consideration.
On March 2, 2006, a five-member selection panel, which included a member of the CAC, re-interviewed and re-evaluated Arc and Katz & Associates. The selection panel concluded that Arc has the most relevant experience, qualifications and skills to perform the scope of work outlined in the RFP, and therefore, recommends Arc Ecology to provide environmental outreach services for the Shipyard.
Staff seeks authorization of a Personal Services Contract with Arc Ecology, a nonprofit corporation, to provide environmental outreach services for the Hunters Point Shipyard for a term of one year, with two 1-year extension options, in an amount not to exceed $283,500 per year, for a total aggregate amount not to exceed $850,500.
BACKGROUND
On October 10, 2005, in accordance with Agency policy, staff issued the RFP seeking proposals from qualified consultants to provide environmental outreach services to the BVHP community and to provide clear and responsive information about the environmental impacts of development at the Shipyard. The Agency received proposals from five respondents by the RFP submission deadline, which were all complete and responsive in accordance with the requirements of the RFP. The five respondents were Arc Ecology, Asian, Inc., Business Development, Inc., Davis & Associates, and Katz & Associates. On November 14, 2005, a selection panel interviewed and evaluated the five respondents and recommended Arc, the highest scoring respondent.
On December 20, 2005, the Commission considered but did not authorize a contract with Arc. Following the Commission hearing of December 20, 2005, and after further consultation with the CAC, Agency staff concluded that it was not in the best interest of the community to undertake a new solicitation process, which would take several months to complete and unnecessarily delay the award of a contract at a critical time in the Shipyard development. Lennar has begun its mass grading work on Parcel A and, in April 2006, the Navy will begin a base-wide environmental excavation and remediation project, among other site specific remediation projects at the Shipyard. Accordingly, engaging an environmental outreach consultant as soon as possible is important to inform the CAC and the broader BVHP community of any potential public health impacts associated with the work of the Navy and Lennar.
DISCUSSION
On February 17, 2006, staff provided an Informational Memorandum to the Commission advising it of staff’s intention to re-evaluate all of the responses to the RFP by a new selection panel that would review the proposals of the five respondents that originally responded to the RFP, apply the RFP’s selection criteria, and make a recommendation.
Staff contacted each of the five respondents to schedule new interviews for the re-evaluation process. One team declined to participate in the process due to the staff time and other expenses associated with the interview process. Another team declined because some of its original team members had been assigned to other projects. A third respondent chose not be re-evaluated due to its claims of conflict of interest (Staff’s analysis explaining why no conflict of interest exists is provided below).
The New Selection Process
Agency staff assembled a new selection panel that consisted of environmental and public health professionals with familiarity with the subject matter, Agency contract compliance staff to ensure the integrity of the selection process, and a CAC representative selected at the CAC’s regular February meeting. The 5-member selection panel consisted of Ron Jones, member of the CAC; Albert Lee and Les Lum, the Department of Public Health; Michael Jacobvitz, MACTEC-Engineering, Environmental and Remedial Construction Services; Thor Kaslofsky, Assistant Project Manager for the Shipyard; and Romulus Asenloo, Contract Compliance specialist.
On March 2, 2006, the selection panel interviewed and evaluated Arc and Katz & Associates. Both respondents were granted 20 minutes to give a presentation describing the qualifications of their team members and approach to performing the scope of work outlined in the RFP. Additionally, both respondents were asked the same five questions about their proposed community engagement strategy, technical document review strategy and process, and relationship with the regulatory agencies. Lastly, the selection panel and the respondents had the opportunity to ask clarifying questions.
Evaluation Process
The selection panel evaluated the two respondents’ written submittals and oral presentations based on a 100-point scale. The respondents received a weighted composite score, in which their written proposal counted for 30% of their overall 100-point score and the oral interview counted for 70%. The respondents’ overall score consisted of the average of the total weighted points awarded by each of the five selection panel members. Arc Ecology scored the higher of the two respondents receiving an average score of 92.94 (See attached scoring sheets). Both Respondents were evaluated based upon their qualifications and experience, as well as a number of relevant factors as described in the RFP, including:
- Qualifications of key personnel to successfully undertake the scope of services outlined in the RFP;
- A minimum of five years of experience providing analyses of environmental characterization, environmental health and hazardous substances remediation matters to target audiences substantially similar to the BVHP area population;
- Knowledge and familiarity with the BVHP community or similar communities;
- Familiarity with the physical and environmental conditions of the Shipyard; and
- Reasonable staffing, operating budget and consulting fee.
At the end of the interview process, the selection panel concluded that, although each team met the minimum qualifications set forth in the RFP, Arc was the most qualified and best prepared consulting team to fulfill the scope of services described in the RFP. Arc’s team demonstrated superior capabilities and expertise because of its years of verifiable, site-specific experience that will enable it to perform the best and immediately provide the services called for under the Contract.
Arc representatives demonstrated a level of expertise, preparedness and responsiveness that the other Respondent did not match, including:
- Arc demonstrated a thorough familiarity with the military Superfund cleanup process, the phases of cleanup documentation production, and the relevance to future facility reuse needs.
- Arc contextualized a Shipyard map identifying specific areas of environmental contamination to the greater Bayview/Hunters Point neighborhood and explained the concept of zones of exposure, with the neighborhoods closest to the Shipyard having the greatest potential impact from activities at the Shipyard. Arc representatives presented a clear articulation of the various stakeholder groups, as well as a developed strategy for ‘impact prioritized’ community outreach.
- Arc provided several examples of past environmental outreach activities that were specific to the Shipyard and the BVHP area.
- Arc has an operating website about the environmental cleanup and other issues related to the Shipyard and provided examples of web-host vendor reports quantifying public use of the Arc site demonstrating substantial and growing interest in its content.
- Arc has leveraged $1.2 million in resources for projects both on and adjacent to the Shipyard that will help with community education about the environmental conditions in the Shipyard.
- Arc has a library of Shipyard-related technical documents that is accessible to BVHP residents as well as the general public. Arc will continue to maintain and add to the library.
- Arc also provided fact sheets, reports, and public educational workshops specific to the Shipyard cleanup that it has previously produced.
- Arc’s principals have worked on the issues outlined in the RFP for more than 20 years and have established relationships and expertise in these services.
- Arc’s proposed first year budget of $283,500 was considerably lower than the other Respondent’s and was the most reasonable in relation to its proposed services.
Although Katz & Associates has the minimum qualifications and technical expertise to perform the scope of services in the future, based on the interviews, the selection panel rated its responses generally lower than Arc’s in the following areas:
- Knowledge of the environmental issues associated with the Shipyard, including the Navy’s clean process and schedule;
- Knowledge of the Agency’s and Lennar’s present and future redevelopment plans for the site;
- A specific and detailed community engagement plan for the BVHP community that would relate directly to the issues on the Shipyard today and in the future;
- A strategy to review the hundreds of contamination-specific technical issues and explain those specific issues to the BVHP community; and
- Knowledge of the current issues with the Shipyard cleanup and the how that relates to the Parcel A redevelopment.
Based on all of the above considerations, the selection panel concluded that, overall, Arc has a superior level of relevant experience, qualifications and skills to perform the scope of work outlined in the RFP. Therefore, the selection panel voted unanimously to recommend Arc to provide environmental outreach services to the Agency.
Arc Ecology
Founded in 1984, Arc Ecology is a nonprofit public interest organization with 22 years of experience with the BVHP community and the Shipyard. Arc Ecology is one of the leading providers of low cost environmental science, toxic cleanup, economic, and urban planning technical support to environmental justice and military base closure communities around the Bay Area. Communities and facilities to which Arc Ecology has provided technical services including:
Arc Ecology is also one of the nation’s leading nonprofit organizations focused on military base cleanup and reuse. Arc Ecology staff have served on the East Bay Conversion & Reinvestment Commission and the California EPA Base Closures Environmental Advisory Group, and have provided secretariat services for the California and National Caucuses of Restoration Advisory Board Community Members. Internationally, Arc Ecology provides technical support to local and nationally elected representatives as well as nongovernmental organizations in the
Arc Ecology currently employs five individuals: two are women; three are persons of color; and one is a BVHP resident. Arc also hires Bayview residents to assist in its program-specific outreach efforts.
Conflict of Interest Analysis
Previously, a member of the public alleged that Arc has a conflict of interest because its executive director, Saul Bloom, is currently a member of the CAC and is also the chair of its environment subcommittee and argued that the Agency should not award the contract to Arc. Although CAC members are “public officials” for purposes of conflict-of-interest laws, and the CAC has played an important role in advising the Agency on this Contract, a conflict of interest does not exist here because Mr. Bloom has not participated in the CAC’s advice to the Agency about the RFP and this Contract.
State law prohibits public officials from being “financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.” Government Code Section 1090. This prohibition generally applies to advisory bodies that do not make final decisions about a contract, but are involved in the discussions, negotiations, reasoning, and specifications for the contract. The law, however, considers a public official who is an employee of a nonprofit organization as having a “remote interest.” Government Code Section 1091. Where a public official has a remote interest in a contract, he or she must disclose this interest to the body on which the public official sits (i.e., the CAC) and not participate in any vote or discussion about the contract.
Nicole Franklin, the Agency’s project manager for the Shipyard, attended the five CAC meetings during the period between July 27, 2005 and March 13, 2006 in which the RFP and Contract were discussed and observed that Mr. Bloom recused himself in each instance by leaving the room when the item was being discussed. Based upon these facts, the Agency’s general counsel has opined that Mr. Bloom’s membership on the CAC has not created a conflict of interest that would preclude Arc from bidding on or being awarded this Contract.
Contract Term and Costs
The term of the proposed contract will be one year, with two 1-year extension options, with the initial contract year beginning on March 22, 2006 and ending on March 21, 2007, for a maximum amount of $283,500 for each contract year, for a total aggregate amount not to exceed $850,500. The contract will be funded as a project cost under the Phase I DDA with Lennar/BVHP.
Originated by Nicole Franklin, Project Manager
Marcia Rosen
Executive Director
Attachment: Scoring Sheets from the Re-evaluation Process
RESOLUTION NO. 46-2006
Authorizing a personal services contract with Arc Ecology, A CALIFORNIA nonprofit corporation, to provide environmental outreach and information services to the Bayview Hunters Point community for a term of one year, with two, 1-year extension options, AND APPROVING the FIRST YEAR BUDGET in THE amount OF $283,500; Hunters Point Shipyard Redevelopment Project Area
BASIS FOR RESOLUTION
- After years of substantial public outreach and community input into the planning process, the Agency Commission and the City’s Board of Supervisors, with the endorsement of the CAC, adopted the Hunters Point Shipyard Redevelopment Plan (“Redevelopment Plan”) in July 1997.
- The Conveyance Agreement also requires both the EPA and California Environmental Protection Agency (“Cal/EPA”) to confirm that each parcel is remediated to a level that is safe for its intended reuse prior to transfer. Following a four-month public review process, the CAC unanimously endorsed the Conveyance Agreement, which the Navy signed on March 31, 2004.
- These agencies include: the City’s Department of Public Health; the Navy’s Restoration Advisory Board; the environmental subcommittee of the CAC; and the following regulatory agencies: EPA, the Department of Toxic Substances Control and the Regional Water Quality Control Board.
- Although there are many agencies involved with the review and approval of the Navy’s clean up efforts at the Shipyard, the Agency is seeking a consultant to provide services that bridge the gap between the many services related to the analysis of and reporting on the environmental cleanup of the Shipyard that are already being provided.
- qualified consultants to provide environmental outreach services to support the Agency’s efforts to provide clear, informative and responsive information about the environmental impacts of development of and remediation plans for the Shipyard, and to solicit responses from residents, businesses and organizations in the area of San Francisco located within the portions of the 94124, 94134 and 94107 zip code areas that are located in Supervisory District 10.
- On November 14, 2005, a seven-member selection panel evaluated the five Respondents. Based upon a 100-point scale, Arc Ecology, a
- A motion to continue the matter failed in a 3-3 vote, as did a motion to approve the contract.
- After reviewing the matter, staff concluded that the original solicitation process was conducted in accordance with Agency policies and practices; however, based on consultation with CAC members, it was clear that some community members still had concerns about the selection process and that the best way to address community concerns would be to convene a new review panel to re-consider the proposals and re-interview the five Respondents.
- Staff contacted each Respondent to set up interviews for the re-evaluation process. In response, two Respondents, Arc and Katz & Associates, expressed a desire to be re-evaluated by a new selection panel; the remaining three Respondents withdrew from consideration.
- The selection panel evaluated the two Respondents’ written submittals and oral presentations based on a 100-point scale. The Respondents received a weighted composite score, in which their written proposals counted for 30% of their overall 100-point score and the oral interview counted for 70%. The Respondents’ overall score consisted of the average of the total weighted points awarded by each of the five selection panel members. Arc scored the higher of the two Respondents, receiving an average score of 92.94.
- The selection panel concluded that Arc has the most relevant experience, qualifications and skills to perform the scope of work outlined in the RFP, and therefore, recommends Arc to provide environmental outreach services for the Shipyard.
- Staff seeks authorization of a personal services contract with Arc to provide environmental outreach and information services to the BVHP community for a term of one year, with two, 1-year extension options at the sole discretion of the Executive Director, with the initial contract term beginning on March 22, 2006 and ending on March 21, 2007, in an amount not to exceed $283,500 per year, for a total aggregate amount not to exceed $850,500, as a project cost.
RESOLUTION
ACCORDINGLY, IT IS RESOLVED by the Redevelopment Agency of the City and County of San Francisco that the Executive Director is authorized to enter into a personal services contract with Arc Ecology, a California nonprofit corporation, to provide environmental outreach and information services to the Bayview Hunters Point community, for a term of one year, with two, 1-year extension options at the sole discretion of the Executive Director, with the initial contract term beginning on March 22, 2006 and ending on March 21, 2007, in an amount not to exceed $283,500 per year, for a total aggregate amount not to exceed $850,500, as a project cost, substantially in the form lodged with the Agency General Counsel.
APPROVED AS TO FORM:
_________________________
James B. Morales
Agency General Counsel