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Back to legislation introduced in Council period 18

Boys and Girls Club of Greater Washington Property Acquisition Emergency Act of 2009 
Bill 18-338

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Chairman Vincent C. Gray

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To authorize the Mayor, on an emergency basis, to enter into an agreement with the Boys and Girls Club of Greater Washington to acquire certain properties owned and operated by the Boys and Girls Club, to ensure the continuation of its programs and operations until completion of the sale, to authorize an incentive payment for its headquarters relocation to the District; and to amend section 320 of the District of Columbia Procurement Practices Act of 1985 to exempt the proposed agreement to operate the Boys and Girls Clubs for the remainder of the calendar year from competitive bidding requirements to ensure the continuation of programs and operations at those properties.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Boys and Girls Club of Greater Washington Property Acquisition Emergency Act of 2009".

Sec. 2. (a) The Mayor of the District of Columbia is authorized to enter into an agreement with the Boys and Girls Club of Greater Washington ("BGCGW"), for the acquisition of the following real property as follows:

(1) Jelleff property;

(2) Clubhouse # 10; and

(3) Eastern Branch.

(b)(1) The agreement referred to in this section shall provide that the BGCGW and District's obligations thereunder are contingent upon the following:

(A) A payment to BGCGW of $7.5 million at settlement; 

(B) $3.125 million to BGCGW by October 1, 2011; 

(C) $3.125 million to BGCGW by October 1, 2012; 

(D) $3.125 million to BGCGW by October 1, 2013; and 

(E) $3.125 million to BGCGW by October 1, 2014;

(2) All income from leases and other revenue attributable to the properties after the date of closing will accrue to the District; and

(3) The properties will be accepted in "as is" condition at closing.

(c) The agreement referred to in this section shall contain such other terms and conditions as the Mayor determines to be in the best interest of the District of Columbia.

Sec. 3. Continuation of Boys and Girls Club Program operations; incentive payment for headquarters relocation to the District.

(a) To ensure the continuation of programs and operations at the Jelleff property, the Mayor is authorized to contract with BGCGW for the operation of a summer camp during the summer of 2009, and for continued after-school programming through the closing on the sale, but no later than December 31, 2009, for which BGCGW will be paid $60,000 by the District before July 1, 2009, and $20,000 for the remainder of the year.

(b) To ensure the continuation of programs and operations at Clubhouse #10, the Mayor is authorized to contract with BGCGW to open and operate Clubhouse #10 from 4 p.m., to 10 p.m., through the summer of 2009 to provide teen recreation opportunities, and a summer day camp for children from 6 - 12 years of age for which BGCGW will receive $33,000 before July 1, Thereafter, the Mayor shall negotiate with BGCGW to continue providing its customary and usual program operations through closing, but no later than December 31, 2009.

(c) To ensure the continuation of programs and operations at the Hopkins facility, the Mayor is authorized to contract with BGCGW to provide transportation for up to 26 youths currently served at Hopkins to BGCGW summer camp at Clubhouse #14, including Hopkins' current Branch Director accompanying the children. BGCGW shall use its best efforts to identify adequate space at Hopkins to provide programming in its 5 core programming areas to serve at least 45 youths on a daily basis. For fiscal year 2010. the District shall pay up to 50% of the budget for programming at Hopkins if the Housing Authority identifies adequate space in reasonably close proximity to the existing facility, in an amount not to exceed $121,000 for the operations during fiscal year 2010.

(d) Within 60 days after execution of this agreement, the Mayor shall enter into discussions with BGCGW as to the terms and conditions for BGCGW to continue to provide programs and services at Jelleff, Clubhouse #10, and Eastern Branch prior to completion of the sale; and shall competitively bid for the operation of programs as soon as practicable thereafter. The Mayor shall encourage the Boys and Girls Club of Greater Washington to explore options to re-establish programs at the Eastern Branch prior to the transfer of ownership to the District of Columbia, contingent upon obtaining a valid certificate of occupancy for the Eastern Branch building to ensure the safety of the youth and residents participating.

(e) In addition to the operating funds described in subsections (a) - (c) of this section, the District shall:

(A) Contract with BGCGW for the services identified in the fiscal year 2010 Budget, approved on May 12, 2009 totaling $450,000; and

(B) Pay from funds identified in the fiscal year 2010 Budget, $200,000 to BGCGW to assist BGCGW in making payments required under its lease at THEARC, 1901 Mississippi Avenue, S.E., Washington, D.C.

(C) Subject to the availability of funds, reimburse BGCGW up to $150,000 for the expenses associated with office renovations and other costs related to BGCGW's planned relocation of its headquarters operations and 25 employees from the current location in Silver Spring, Maryland to the Richard England Clubhouse #14 at 4103 Benning 8   Road, N.E., in the District.

Sec. 4. Section 320 of the District of Columbia Procurement Practices Act of 1985, effective April 9, 1997 (D.C. Law 11-259; D.C. Code § 1-1183.20), is amended by adding a new subsection (o) to read as follows:

"(o) Nothing in this act shall affect the authority of the Mayor pursuant to the Boys and Girls Club of Greater Washington Property Acquisition Emergency Act of 2009 to enter into an agreement with the Boys and Girls Club of Greater Washington to provide the services described in section 3 of the Boys and Girls Club of Greater Washington Property Acquisition Emergency Act of 2009.".

Sec. 5. The Council adopts the fiscal impact statement of the Council Budget Director as the fiscal impact statement required by section 602(c)(3) of the Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-206.02(c)(3)).

Sec. 6. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Code § 1-204.12(a)).

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