EXHIBIT C
SELECTED FAA RULES AND REGULATIONS
LICENSE PROVISIONS REQUIRED BY THE FEDERAL
AVIATION ADMINISTRATION
1. The Lessee, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree “as a covenant running with the land” that in the event facilities are constructed, maintained, or otherwise operated on the property described in this Lease for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all requirements imposed by the Non-discrimination Acts and Regulations in the Pertinent List of Non-Discrimination Authorities set forth in Provision 19 hereof (as such may be amended), such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied benefits of , or otherwise subjected to discrimination in the use of said facilities.
2. The Lessee, for himself/herself, his/her heirs, personal representative, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree “as a covenant running with the land” that: (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to the Non-Discrimination Acts and Regulations in the Pertinent List of Non-Discrimination Authorities set forth in Provision 19 hereof (as such may be amended).
3. In the event of breach of any of the above nondiscrimination covenants, Authority shall have the right to terminate the Lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are allowed and completed including expiration of appeal rights.
4. Lessee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service: PROVIDED THAT the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.
5. Non-compliance with Provision 4 above shall constitute a material breach hereof and in the event of such non-compliance, Authority shall have the right to terminate the Lease Agreement, and the estate hereby created without liability therefor, or at the election of the Authority or the United States either or both said Governments shall have the right to judicially enforce provisions.
EXH
IBIT C
6. Lessee agrees that it shall insert the above five provisions in any lease/sublease agreement, by which said Lessee grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the premises herein leased.
7. Lessee will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the Lessee transfers its obligation to another, the transferee is obligated in the same manner as the Lessee. This provision obligates the Lessee for the period during which the property is owned, used, or possessed by the Lessee and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
8. Nothing in the above Provisions 6 or 7 shall be construed as granting permission or consent for the Lessee to sublease or transfer the premises leased herein.
9. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered sub-organizations provide assurance to the Authority, that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E, to the same effect.
10. The Authority reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Lessee and without interference or hindrance.
11 The Authority reserves the right, but shall not be obligated to the Lessee to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard.
12. This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the Authority and the United States, relative to the development, operation and maintenance of the airport.
13. There is hereby reserved to the Authority, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein leased. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on this airport.
EXH
IBIT C
14. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of building is planned for the Leased Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Leased Premises.
15. Lessee, by accepting this Lease expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land leased hereunder which would violate the obstruction height limitations as set forth in Federal Air Regulation (FAR), Part 77. In the event the aforesaid covenants are breached, the Authority reserves the right to enter upon the land leased hereunder and to remove the offending obstruction, all of which shall be at the expense of the Lessee.
16. The Lessee, by accepting this Lease, agrees for itself, its successors and assigns that it will not make use of the Leased Premises, in any manner which might interfere with the landing and taking off of aircraft from this airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Authority reserves the right to enter upon the premises hereby leased and causes the abatement of such interference at the expense of the Lessee.
17. It is understood that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958, as amended.
18. This Lease and all the provision hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during time of war or national emergency.
19. The following constitutes the Pertinent List of Non-Discrimination Authorities, which are incorporated herein by this reference as if set forth in full:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq ., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); EXH
IBIT C
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
SCLAA Standard Lease Page 25 IAC Building 744
EX
HIBIT D
US
E AND CONDITION OF LEASED PREMISES
The
use of the Leased Premises shall include shipping, receiving and storing of consumable supplies and materials pertaining to aircraft painting operator, and related business functions. All storage must remain insi de of Building 744. Outside storage is prohibited.
The L
essee’s leasehold of Building 744 began in 2014. The current condition of the Leased Premises shall be established resulting from a walk-through inspection attended by both Lessor and Lessee after the lease commencement date. The findings of this walk-through inspection shall be memorialized at the time of the walk -through via the SCLA Property Lease Checklist.
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: January 18, 2022
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Resolution No. 22-001 Appointing a Voting Delegate and Alternate to the Public Entity Risk Management Authority (PERMA)
Recommendation:
That Your Honorable City Council adopt Resolution No. 22-001 appointing a voting delegate and alternate to the PERMA.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
Starting in the mid-1970s, California public entities were unable to purchase some types of insurance and/or obtain affordable coverage in the commercial market. By the mid- 1980s, commercial liability insurance was virtually unavailable for public entities. As a result, California state legislation was enacted to authorize public entities to self-insure and pool their assets to jointly control their risks and pay their claims. The Public Entity Risk Management Authority (PERMA) was created in 1985 for the purpose of jointly funding programs of insurance. PERMA is a statewide agency consisting of thirty public entity members and is not driven by profit. Its rates are driven by the membership’s experience and exposure.
Discussion:
The City of Victorville has been a member of PERMA since July 1997 and participates in PERMA’s general liability, workers compensation and employment practices liability (EPL) programs. The PERMA Joint Powers Agreement provides that PERMA’s Board shall be comprised of one representative from each public entity member. The PERMA bylaws state that each Member Organization shall appoint a representative to serve as a Director on the Board and each shall also appoint an alternate member who may serve 2 3
5 0
in the Director’s absence. While the PERMA governing documents do not specify Board member qualifications, Directors and alternates are responsible for considering complicated coverage and financial decisions which directly impact the members. Actions taken by the Board are binding on all members, regardless of the level of expertise and/or vote of any individual director. PERMA therefore recommends the following be considered for a position on the Board:
1. CEO performing services exclusively for the member (City Manager, Executive Director), or
2. Employee of the member holding a position of authority equivalent to a Department Director within the member hierarchy, or
3. Employee of the member dedicated (full time) to risk management, or
4. Elected official
Until recently, PERMA had allowed the City Manager to make staff appointments to the PERMA Board. However, PERMA recently requested that appointments be made via resolution of the Governing Board. Therefore, staff recommends your Honorable City Council adopts Resolution No. 22-001, affirming the appointment of the Risk Manager to the PERMA Board on behalf of the City of Victorville, and affirming the appointment of the Human Resources Officer, as the alternate.
Staff remains available for any questions or comments.
Attachments: A. Resolution No. 21-001
ATTACHMENT A
RESOLUTION NO. 22-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
FULFILLING ITS OBLIGATION AS A MEMBER OF THE PUBLIC ENTITY RISK
MANAGEMENT AUTHORITY ( PERMA) TO APPOINT A VOTING DELEGATE AND
ALTERNATE TO THE PERMA BOARD OF DIRECTORS IN ORDER TO ENSURE CONSISTENT ATTENDANCE.
WHEREAS, The City of Victorville ("City") is a member of PERMA, a joint powers authority created pursuant to the provisions of the California Government Code; and WHEREAS, PERMA provides a Lia bility Program, Workers' Compensation Program, Property Program, and other coverage programs for its members; and WHEREAS, The Joint Powers Agreement provides that PERMA’s Board shall be comprised of one representative from each member; and
WHEREAS, The PERMA governing documents require that members not only appoint a representative to the Board but that the representative attend meetings as a condition of membership; and
WHEREAS, The Governing Body of each member may select and change any of its representatives by filing a resolution with PERMA; and WHEREAS, Appointees must be 1) elected officials, OR 2) employees of the member agency; and
WHEREAS, City desires to designate its representative(s) to the PERMA Board of Directors;
WHEREAS, City acknowledges and affirms that its representatives have full authority to bind City;
WHEREAS, City acknowledges and affirms that actions properly approved or taken by the Board shall be binding on City regardless of the vote of its designee or her/his presence when the action was taken;
WHEREAS, City acknowledges and affirms that each appointee is individually expected to meet all legal obligations of Board service, perform all duties set forth in PERMA’s Governing Documents, and serve with keen attention to PERMA’s purpose and high professional standards.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, DETERMINE, AND DECLARE AS FOLLOWS:
SECTION 1. The City of Victorville, Risk Manager is hereby appointed to serve as Voting Director on the PERMA Board of Directors.
SECTION 2. Th e City of Victorville , Human Resources Officer is hereby appointed as alternate, to serve on the PERMA Board in the absence of the primary member noted in Section 1 above.
SECTION 3. That the individuals designated by this City Council as the City's Voting Director or alternate to serve on the PERMA Board of Directors are hereby confirmed and designated as the City's delegates for all purposes of representing the City's interests and exercising the authority of the City with respect to all matters delegated to the Board of Directors and signing all amendments as are contemplated to be approved by Board of Directors.
SECTION 4. That the C ity Council of the City of Victorville assigns the ability to appoint representatives to serve as Voting Director and alternate to the PERMA Board of Directors on behalf of the City Council of the City of Victorville to the City Manager.
RESOLVED, That a copy of this Resolution shall be provided to the General Manager of PERMA before it may be deemed effective.
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: January 18, 2022
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
CalRecycle Waste Tire Amnesty Grant Acceptance
Recommendation:
That the Honorable City Council:
1) Adopt Resolution No. 22-003 to authorize acceptance of the CalRecycle Waste Tire Amnesty Grant and authorize the City Manager or his designee to process all documents required for program administration; and
2) Ratify the associated expenditure plan.
Fiscal Impact:
Acceptance of the Cycle 21-22 Waste Tire Amnesty Grant will increase the City’s FY 21- 22 revenue budget by $10,064 (2704010-43110-21223) and increase expense appropriations by an equal amount in the following account numbers:
2704010-52300-21223 - $8,751 for Contract Services
2704010-52170-21223 - $1,313 for Advertising
There is no requirement for the City to provide matching funds. The City will expend the approved funding amount and then submit for reimbursement. Funds are tracked through City budget Org 2704010 (Waste Tire Amnesty Grant) and Project 21223 (Cycle 21-22).
Background:
California’s legislative code references the Public Resources Code 42889(e) as the official designation for authorization to use funds collected under PRC section 42885. This code authorized a tax in the amount of $1.75 per new tire purchased, with $0.75 being designated for programs to mitigate or remediate air pollution caused by waste tires with the balance going to the CA Tire Recycling Management Fund for programs related to disposal of waste tires. Although the retailer is permitted to keep up to three percent (3%) of these amounts collected, they must remit the remaining amount 2 3
7 4
directly to the State for deposit into the CA Tire Recycling Management Fund, which is maintained by the State Treasury. For Fiscal year 2021-2022, the amount delegated to CalRecycle to administer this program to eligible cities/counties was $1,250,000.
Previously offered together as one grant program, the Waste Tire Cleanup Grant and the Waste Tire Amnesty Grant were separated in 2012. Each grant has a 2-year grant term.
The Waste Tire Cleanup Grant Program is offered in even years and the Waste Tire Amnesty Grant is offered in odd years.
On April 20, 2021, the City Council adopted Resolution No, 21-026 which authorized the submittal of the application for the CalRecycle Waste Tire Amnesty Grant and authorized the City Manager or his designee as the signature authority. This authorization was utilized to submit the grant application on May 6, 2021. CalRecycle notified the City on October 29, 2021, that the grant had been approved. Grant funds for the CalRecycle FY 21-22 funding cycle must be fully expended by October 31, 2023.
Discussion:
In accordance with the City’s grant policy and California State Department of Recycling, Resources, and Recovery (CalRecycle) requirements, staff is seeking Council authorization for acceptance of the grant award and ratification of the associated expenditure plan for the Cycle 21-22 Waste Tire Amnesty Grant in the amount of $10,064.
The City will use its grant funds to continue to provide free tire drop off for City residents at the City of Victorville Recycling Drop-off Center, located at 15164 Anacapa Road. In 2021, the City collected approximately 3,740 tires from the public through this program.
Funds will also be used to continue to advertise and promote proper tire disposal.
The grant expenditure plan is used to supplement other resources available under the Solid Waste and Landfill Mitigation budgets. The grant expenditure plan calls for $8,751 for contract services to pay for tire hauling and disposal and $1,313 for advertising to include bill inserts and online ads.
Staff remains available for any questions the Council may have.
Attachments: A. Resolution No. 22-003
B. CalRecycle - Procedures and Requirements Local Government Waste Tire Amnesty Grant Program
C. Notice of Award
Attachment A
Resolution No. 22-003
RESOLUTION NO. 22-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR
2021-2022; APPROVING ADDITIONAL REVENUE AND
EXPENDITURES
WHEREAS, pursuant to Public Resources Code sections 42889(e), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. City of Victorville is authorized to accept Waste Tire Amnesty 21-22 grant funds from CalRecycle.
Section 2. The City Manager or his/her designee is hereby authorized as Signature Authority to execute all documents necessary to implement the grant.
Section 3. This City of Victorville Fiscal Year 2021-2022 budget shall be amended to reflect additional revenues in the amount of $10,164 (2704010-43110-21223) and additional expenses in the amount of $8,751 (2704010-52300-21223) and $1,313 (2704010-52170-21223).
Section 4. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices, and subsidiary districts of the City.
Section 5. This Resolution shall take effect immediately upon its adoption.
Attachment B
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 1
February 2021
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements Local
Government Waste Tire Amnesty Grant
Program
TA6 Cycle Fiscal Year 2021–22
Copies of these Procedures and Requirements must be shared with both the Finance Department and the staff responsible for implementing the grant activities.
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 2
Table of Contents
Introduction ..................................................................................................................... 3 Milestones ................................................................................................................... 3 Grants Management System (GMS) ............................................................................ 3 Accessing the Grant ................................................................................................. 3 Contact Updates ...................................................................................................... 3 Prior to Commencing Work .......................................................................................... 5 Reliable Contractor Declaration ............................................................................... 5 Waste & Used Tire Hauler and End Use and Disposal Facilities ............................. 5 Waste Tire Hauling Limits ........................................................................................ 6 Maximum Tires Per Individual .................................................................................. 6 Grant Term .................................................................................................................. 7 Eligible Costs ........................................................................................................... 7 Ineligible Costs ......................................................................................................... 8 Modifications ............................................................................................................ 8 Acknowledgements .................................................................................................. 9 Reporting Requirements ........................................................................................ 10 Electronic and Original Signatures ......................................................................... 10 Progress Report ..................................................................................................... 10 Final Report ........................................................................................................... 11 Grant Payment Information .................................................................................... 11 Audit Considerations .............................................................................................. 13 Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 3
Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the Local Government Waste Tire Amnesty Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
Milestones
Notice to Proceed Date: Grant Term Begins on the date that CalRecycle emails the Notice to Proceed.
With each Payment Request: Progress Report Due
October 31, 2023: Final Report and Final Payment Request Due October 31, 2023: Grant Term End
Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).
Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) Payment Request tab: Grantee requests reimbursement.
Reports tab: Grantee uploads required reports.
Documents tab: Grantee uploads all other grant documents that are not supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS. Sites tab: Shows amnesty event sites.
Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 4
granted access by not checking the box. Please note, if a contact is granted access to a grant, they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 5
Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.
If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).
The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above). For further instructions regarding uploading documents, see the “Grants Management System”
(https://www.calrecycle.ca.gov/funding/gms) section of the CalRecycle web site for instructions and links to instructional videos.
Waste & Used Tire Hauler and End Use and Disposal
Facilities
CalRecycle has specific requirements for the tracking of used and waste tires remediated with grant funds. To be reimbursed for the cost of tire collection, Grantees and their contractors must use a waste/used tire hauler that is registered with CalRecycle, unless it is exempt pursuant to Public Resources Code section 42954.
Furthermore, the tires must be transported to a facility that is permitted, excluded, exempted, or otherwise authorized by CalRecycle, by statute, or by regulation, to accept waste and used tires, or to a facility that lawfully accepts waste and used tires for reuse or disposal
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 6
When planning for an amnesty event, the Grantee shall contact the CalRecycle Tire Management Program Hotline at (866) 896-0600 (toll free) to verify that the used tire hauler (tire hauler) and end use facility (facility) it intends to use are in compliance with applicable laws and regulations. The name and address of the tire hauler and the facility are necessary for verification.
A Tire Program Identification (TPID) Number will need to be obtained, by calling the Hotline number listed above for each amnesty event location.
Waste Tire Hauling Limits
The Grantee must comply with the hauling and manifest requirements set forth in Title 14, California Code of Regulations, sections 18461(b)(2) and (3). For purposes of amnesty events, these regulations provide that:
The Grantee may accept up to 9 waste tires at amnesty events from individuals who are not registered waste tire haulers.
The Grantee may accept 10-20 waste tires if the individual has a waiver from the Local Enforcement Agency (LEA).
o If the individual does not have a waiver from the LEA to haul more than 9 tires, the Grantee may accept the tires, but must report this information on the Unregistered Hauler & Comprehensive Trip Log Substitution Form (Unregistered Hauler Trip Log) (CalRecycle 204) and submit the form to CalRecycle within 30 days of acceptance of the tires.
o If the Grantee accepts more than 20 waste tires from an individual, the Grantee must report this information on the Unregistered Hauler Trip Log and submit the form to CalRecycle within 30 days of acceptance of the tires.
o The Unregistered Hauler Trip Logs should be sent to the following:
By mail: CalRecycle, Tire Hauler Compliance Unit, 10th Floor P.O. Box 4025
Sacramento, CA 95812
Email: [email protected]
Fax: 916-319-7605
The Grantee may also accept waste tires from farmers and small businesses that generated the tires in the normal course of operations and are not a tire changing business. Grantee must provide a manifest to this type of customer.
In addition, Senate Bill 230 (Cogdill, Chapter 41, Statutes of 2009) sets forth the following additional requirements:
Any person transporting waste or used tires that were illegally dumped onto their property to an amnesty event must have written authorization from the LEA, which includes, dates and documentation that a police report has been filed for the illegally dumped tires.
Maximum Tires Per Individual
An individual should be limited to a maximum of 40 tires per amnesty event, or 40 tires per month if a permanent location.
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 7
Grant Term
The Grant Term begins on the date of the Notice to Proceed (NTP) email, which is the formal notification from CalRecycle authorizing the grantee to begin the grant project and ends on October 31, 2023. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to the NTP date or after the end date are not eligible for reimbursement.
The Final Report and final Payment Request are due on October 31, 2023. CalRecycle recommends reserving the period from August 1, 2023 to October 31, 2023 exclusively for the preparation of the Final Report and final Payment Request, though they may be completed earlier. Costs incurred to prepare the Final Report and final Payment Request are only eligible for reimbursement during the Grant Term.
Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts when the grantee receives a Notice to Proceed from CalRecycle and ends on October 31, 2023.
See “Grant Term” for additional information. All grant expenditures must be for activities, products, and costs specifically included in the approved Work Plan and approved Budget. To be eligible for reimbursement, costs must be incurred after receiving a Notice to Proceed and before the end of the Grant Term. All services must be provided, and goods received during this period to be eligible costs. Invoices for goods and services must be paid by the grantee prior to the inclusion of those goods or services on a payment request.
Eligible costs are limited to the following:
Cost of loading tires into transporting vehicles/trailers at the waste tire amnesty events.
Cost of transporting waste tires by a waste tire hauler, registered or exempted by CalRecycle, to a permitted, excluded, or exempted waste tire storage facility, or other solid waste facility.
Cost of transporting waste tires for a specific end-use to a CalRecycle approved end-use facility. Waste tires must be transported by a CalRecycle approved waste tire hauler to a CalRecycle approved end-use facility. Cost of disposing of waste tires at a permitted, excluded, or exempted waste tire storage facility or disposal site.
Any salaries and benefits for personnel directly involved in the administration and supervision of amnesty events, including the preparation of payment requests and final reports, incurred prior to the grant term end date. Any salaries and benefits for personnel directly involved in event planning, creation of educational materials and advertisements in support of amnesty events and working at the amnesty events.
Costs associated with outreach, such as the production/media purchases for educational materials such as flyers, brochures and radio and newspaper advertisements in support of the amnesty events, not to exceed 15 percent of the approved Budget.
Supplies necessary for the events such as gloves, traffic cones and clipboards. Tires generated from agricultural operations and small businesses that do not change tires on customer vehicles.
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 8
Costs of loading and transporting tires collected from specific cleanup days such as beach and river cleanups.
Mileage of up to $0.56 per mile (or the rate identified on the CalHR website (https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) at the time the cost was incurred) for travel to amnesty events. Overtime costs for local government staffing during specially scheduled evening or weekend events when pre-approved in writing by the Grant Manager when law or labor contracts require overtime compensation.
Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to waste tire amnesty events and the approved grant project are ineligible for reimbursement. The grantee should contact the Grant Manager if clarification is needed.
Ineligible costs include, but are not limited to:
Costs incurred prior to the date that CalRecycle sends the Notice to Proceed email or after October 31, 2023.
Personnel time for the preparation of a Waste Tire Amnesty Grant Application. Any costs that are not consistent with local, state, and federal laws, guidelines, and regulations.
Personnel costs incurred while an employee assigned to the grant project is not working on the grant (e.g., use of accrued time such as sick leave, vacation, etc.).
Costs covered by, or incurred under, another CalRecycle-funded loan, grant, grant cycle or contract.
Overhead (costs for accounting/budget/finance staff, rental/lease of space, utilities, copying, office supplies, etc.).
Costs for obtaining necessary permits and licenses.
Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations.
Personnel travel or per diem costs, unless preapproved in writing by the Grant Manager.
Cameras, cell phones, electronic personal data devices, pagers, and other similar electronic devices.
Costs connected with contractor claims against the grantee. Cost of collecting waste tires from waste tire generating businesses (those that change tires on customer vehicles) and/or waste tire haulers. Cost of collecting waste tires from businesses that are responsible for contracting with registered waste tire haulers for the removal of their waste tires. o If it is determined that the Grantee has used grant funds for this purpose, costs incurred will be deemed ineligible and disbursed grant funds associated with these costs must be returned to CalRecycle. Any costs that are unrelated to the grant project or unreasonable as determined by the Grant Manager.
Modifications
The grantee must submit any proposed revision(s) to the Work Plan and/or Budget in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval.
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 9
Proposed revisions must be clearly marked on the Work Plan and/or Budget and must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the grant manager will upload the final revised Work Plan and/or Budget to GMS and notify the grantee. The grantee may submit proposed revisions in conjunction with a Progress Report, but they cannot be submitted as part of the Progress Report. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).
To request a budget modification:
Complete the Budget document with proposed changes.
Email the budget document as an attachment to the Grant Manager. Include a specific justification for the modifications in the body of the email. If the change involves adding a new line item to the budget, a narrative justification must also be included.
Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan.
Any publicity or advertisement must clearly state:
Tires will be accepted at no charge
Whether tires on rims are accepted
No tires from waste tire generating businesses will be accepted The number of tires allowed
o Up to 9 tires without an exemption
o Between 10 and 20 tires with an exemption from the Local Enforcement Agency (LEA). If allowed, a contact number for the LEA should be provided. Acknowledgement of CalRecycle’s support along with the CalRecycle logo.
Initials or abbreviations for CalRecycle shall not be used. o The Grant Manager may approve deviation from this requirement on a case- by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan.
Where do I find a CalRecycle logo? Low-resolution images may be viewed at CalRecycle’s Logos website
(https://www.calrecycle.ca.gov/Gallery/). High-resolution logos can no longer be downloaded directly from the website but will be sent by email upon request. Send requests to the Office of Public Affairs, [email protected].
An advertisement for an amnesty event may be combined on the same publication with other advertising and a portion of the cost charged to the amnesty grant accordingly.
Preapproval of public education materials is not required, however if one or more of the required elements above are not included the CalRecycle Grant Manager may only Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 10
approve part, or none of the expenditure. A copy of all public education materials paid for with grant funds must be included when reimbursement is requested.
Reporting Requirements
The Grant Agreement requires a Progress Report and a Final Report; however, the Grant Manager may require additional Progress Reports at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).
To upload a report:
1. Go to the Reports tab.
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. The maximum allowable file size for each document is 35MB.
5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.
The reports must be current, include all required sections and documents, and must be approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.
Note: The E-Signature must be the Adobe Digital ID or through another certified digital signature program and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method will be considered as incomplete and may be sent back to the grantee.
If you have questions, email [email protected].
Progress Report
The grantee must submit a Progress Report with each Payment Request. This report should cover grant activities that occurred from the Notice to Proceed date (or from the date of your previous Payment Request) through the time period covered in your Payment Request.
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 11
Final Report
The Final Report is due October 31, 2023. This report should cover grant activities from the Notice to Proceed through October 31, 2023. The Final Report must be prepared using the Final Payment Request Checklist/Final Report Template.
The grantee must include the following items in the Final Report:
The Grant Number, grantee’s name, and Grant Term.
The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
The Progress Report and Final Report may be downloaded from the CalRecycle Grant Forms website (http://www.calrecycle.ca.gov/Funding/Forms)
Grant Payment Information
Payment to the grantee for eligible grant expenses is made on a reimbursement basis only, and only for those materials and services specified in the approved grant application.
The grantee must submit the required Progress Report/Final Report prior to, or concurrent with, submission of the Grant Payment Request. No reimbursement is made prior to Grant Manager approval of the report.
The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the “Payment Request and Documentation” section for completed project(s) only.
CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
CalRecycle will withhold and retain 10 percent of each approved Grant Payment Request amount until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Progress and Final Reports, have been satisfied.
CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date the Grant Manager approves a Grant Payment Request. The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.
Payment Request and Documentation
Failure to submit the final Payment Request with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 12
The grantee must submit payment requests in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.
3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded. a. Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.
Supporting Documentation
Grant Payment Request form (CalRecycle 87)
o A scanned copy with the signature of the signatory or his/her designee, as authorized by grantee’s Resolution or Letter of Commitment, must be uploaded to GMS.
Note: A designee may sign on behalf of the grantee if a) authorized by the Resolution or Letter of Commitment, and b) a Letter of Designation has been provided to the Grant Manager.
Cost and Payment Documentation
o Acceptable cost and payment documentation must include at least one of each of the following.
Invoices, receipts, or purchase orders must include the vendor’s name and telephone number, address, description of goods or services purchased, amount due, and date. The claimed expenses should be highlighted on each invoice.
o Proof of payment may include:
copy of cancelled check(s) that shows an endorsement from the banking institution
invoice(s) showing a zero balance, or stamped “paid” with a check number, date paid, and initials
accounting system report from local government if it contains the vendor name, date of invoice, invoice number, check number or internal ID, and date amount was paid
bank statement(s) along with a copy of the endorsed check or invoice showing the check number
copy of an electronic funds transfer confirmation
Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 13
copy of a credit card statement(s)
o The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs.
Expenditure Itemization Summary (CalRecycle 755)
Use this form to document grant expenses, arranged in the same budget categories as the approved Budget. Include only those expenditures authorized in the grant budget. Provide sufficient detail to allow the Grant Manager to match supporting documentation to each expenditure. Include subtotals.
The following documents are also part of the payment request, but may not be needed every time:
Personnel Expenditure Summary (CalRecycle 165)
Use this form for all grantee claimed personnel expenses. A grantee may use their own personnel expenditure summary form if it includes all the same components. Personnel hours and costs on the Personnel Expenditure Summary must be summarized and totaled by task and staff. It is not necessary to submit timesheets, however, they must be readily available should the Grant Manager, or an auditor, request them. Time must be computed on actual time spent on grant related activities and must be the actual amount paid to the employee. If the Summary shows time spent on additional projects, highlight the entries applicable to the grant. It is not necessary to submit a Personnel Expenditure Summary for contractors.
Waste Tire Manifests
Grantee must provide documentation showing the transportation of all waste tires to an eligible facility. This can be in the form of waste tire manifest copies, or a spreadsheet approved by the Grant Manager. Provide justification if tires were hauled, but manifests are not included.
Public Education/Advertising Artwork
Include a copy of all artwork paid for with grant funding during the reporting period, if applicable.
Payment Requests will be reviewed for accuracy and cost eligibility. The Grant Manager may request additional documentations and will adjust, as necessary.
Payments will be approved when the Grant Manager determines that the request is accurate, complete, eligible, and accompanied by all required documentations. All costs and activities claimed for reimbursement must be approved in the Budget. If the Grant Manager determines that an activity or cost is ineligible, inappropriate, excessive, unreasonable, or not related to the Grant, reimbursement will be adjusted accordingly.
All forms listed above are available from the CalRecycle Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms).
Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or Procedures and Requirements
Local Government Waste Tire Amnesty Grant Program (FY 2021–22) 14
resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.
Examples of audit documentation include, but are not limited to, competitive bids, grant amendments if any relating to the Budget or Work Plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.
Attachment C
Dana Armstrong
From:
Sent:
To:
Subject:
Attachments:
Importance:
Follow Up Flag:
Flag Status:
Aggergaard, Cathy@Cal Recycle < [email protected]> Friday, October 29, 2021 4:09 PM
Dana Armstrong; Jenele Davidson
Local Government Waste Tire Amnesty Program - FY 2021-22 - City of Victorville - Award Notification
Exhibit C - City of Victorville.pdf; e-Signature Instructions for Awardees.pdf High
Follow up
Flagged
[EXTERNAL EMAIL]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Congratulations! The Department of Resources Recycling and Recovery (CalRecycle) approved funding your project on July 2, 2021. The Grant Agreement package consists of the following. • Grant Agreement Cover Sheet, CalRecycle 110 (sent in a separate email) • Exhibit A - Terms and Conditions
• Exhibit 8 - Procedures and Requirements
• Exhibit C - Application (attached)
The password to access the Grant Agreement Cover Sheet is: TA6-21 Please review the Grant Agreement package. CalRecycle is using an alternative method of signature and will require an e-signature on the Grant Agreement Cover Sheet. You will receive a subsequent email with the Grant Agreement Cover Sheet. Instructions on how to access and digitally sign the Grant Agreement Cover Sheet are attached to this email. Please complete the grantee portion of the Grant Agreement Cover Sheet. CalRecycle will receive a notification when the e-signature is completed. Cal Recycle must receive this notification by December 28, 2021.
Your specific award amount is located on the Grant Agreement Cover Sheet. Please review the Payment Address listed on the Grant Agreement - this is where all payments will be sent. If changes to the Payment Address are required, please contact me directly as soon as possible.
The grant award is subject to three conditions as stated in the Request for Approval of Awards for the Local Government Waste Tire Amnesty Grant Program. If CalRecycle has not received notification the Grant Agreement Cover Sheet is electronically signed, or the recommended grantee does not pay or bring current all outstanding debts or scheduled payments owed by it to CalRecycle within 60 calendar days of the date of this letter, December 28, 2021, then the proposed grantee will not have fulfilled the required conditions, and the award will be void.
The third condition as stated in the Request for Approval is dependent on funding availability. If monies are not available, the award will be void.
1 Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: January 18, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Approval for Purchase of GE LED Traffic Signal Light Bulbs Recommendation:
That the Honorable City Council approve the purchase of GE LED traffic signal light bulbs from Jam Services, Inc., in the amount of $98,353.50.
Fiscal Impact:
This purchase will result in a fiscal impact of $98,353.50. An additional appropriation is not required. There are sufficient funds in the budget to cover the planned expense. The budget account numbers, and fund sources are shown below.
Budget Account Number:
2004501-55315-62060 - Street Light Fund - $75,000
2504503-55315-62060 - Measure I Fund - $25,000
Background:
The City of Victorville currently operates and maintains 95 intersections controlled by traffic signals. All the City’s traffic signals have standard LED light bulbs using the same product. The City’s traffic signal special provisions and specifications (C-15, C-16) require GE LED light bulbs. The life expectancy of an LED traffic signal light bulb is usually in the range of 7 to 10 years. The last time there was a major replacement of LED light bulbs for the City’s traffic signals was in 2013. It is time to plan for another major replacement and therefore purchasing more LED light bulbs will be necessary.
Discussion:
The purchase of the GE LED traffic signal light bulbs requires a sole source justification, which is found in Victorville Municipal Code §2.28.100(b)(2), “Purchases of general services or supplies and equipment with an estimated cost in excess of fifty thousand dollars”. Subsection (b) (2) allows for an exception to the requirement to obtain a minimum 2 3
6 3
of three quotations and states that: “Where it is determined by the City Council that such procurement constitutes a sole source purchase. The basis upon which this determination is made shall be prepared by the City Manager in writing and presented to the City Council for approval using the City’s Sole Source purchase as the standardization request. The Sole Source / Brand Request form is attached. The basis for this sole source purchase is the Standardization request.
The justification for the standardization request is as follows:
Standardization allows for more efficient operations and maintenance of the equipment.
Standardization allows for efficiently replacing existing equipment. Standardization allows for a consistent appearance and operations of the signal LED’s.
Staff has reviewed the quote from Jam Services for a total of 3,400 LED red and green traffic signal light bulbs. Staff has confirmed that the dollar amount is reasonable, and the LED’s meet the City’s requirements.
Staff recommends that the Honorable City Council approve the purchase of GE LED traffic signal light bulbs from Jam Services, Inc., in the amount of $98,353.50.
Staff remains available for any questions that City Council may have.
Attachments: A. Jam Services Quotation
B. Sole Source Letter
C. Specifications for City of Victorville Traffic Signal (C-15, C-16) and GE LED lights
ATTACHMENT A
ATTACHMENT B
John Mendiola 1-6-2022
ATTACHMENT C
(CALTRANS)
LED Signal Modules
8 and 12 inch
Incandescent look (120V)
GE
Lighting
Robust Features
• Optimal thermal management for longer life.
• Provides performance under extreme field
temperature conditions.
Innovative Design
• Low profile module permits efficient installation into existing traffic housings.
• Power consumption levels allow compatibility
with most controllers.
• Mask compatible to fit your unique signaling needs.*
Outstanding Performance
• High-brightness central light source and custom optical lensing distribute light uniformly and efficiently.
• Rigorously tested for long life design
and low maintenance costs.
• Excellent color uniformity.
Meets Rigorous Certification
& Testing Standards
• CEC Listed
• Listed on CALTRANS QPL.
* Sold separately. Refer to masks datasheet TRAF208.
The Greatest Signals Stand the Test of Time.
TM
(CALTRANS) LED Signal Modules
• 8 and 12 inch
Mechanical Outline Dimensions in inches [mm]
Front View Side View
275
10.8 305.8
12.04 64
2.5 264
10.4 77
3 Back View
8 inch 12 inch
61 2.4
51 2.01
174
6.9 208
8.2 186
7.3 Front View Back ViewSide View
GE Lighting • 1-888-MY-GE-LED • www.gelighting.com
1 - 8 8 8 - 6 9 - 4 3 - 5 3 3 for North America · or · + 1 . 2 1 6 . 2 6 6 . 2 4 1 9 GE Lighting Solutions, LLC is a subsidiary of the General Electric Company. “The Greatest Signals Stand the Test of Time” are trademarks of GE Lighting, LLC. The GE brand and logo are trademarks of the General Electric Company. © 2014 GE Lighting, LLC. Information provided is subject to change without notice. All values are design or typical values when measured under laboratory conditions.
TRAF285-R071414
Operating Specifications
Parameter Rating
Operating Temperature Range -40 to +74°C (-40 to +165°F) Operating Voltage Range 80 to 135 V (60Hz AC)
Power Factor (PF) > 90%
Total Harmonic Distortion (THD) < 20%
Minimum Voltage Turn-Off (VTO) 35 V
Turn-On / Turn-Off Time < 90 ms
Lens & Shell Material UV Stabilized Polycarbonate
40 in, 20 AWG, Color CodedWiring with Strain Relief
Design Compliance
Test type Compliance
Moisture Resistance Blown Wind Rain MIL-STD-810F
method 506.4
Mechanical Vibration MIL-STD-883 Method 2007
Electronic Noise FCC Title 47 Sub. B Sec 151
Sec. 2.1.6 NEMA TS2-2003, 300V, 2500W
Transient Voltage Protection Sec. 2 .1.6 NEMA TS2-2003, 600V, 10µF Sec. 2.1.8 NEMA TS2-2003, 1kV, 2Ω
Wiring NFPA 70, National Electric Code
Sec. 8.2 IEC 61000-4-5 & Sec. 6.1.2 ANSI/IEEE
Transient C62.41.2 - 2002, 3KV, 2 Ω
Suppression Sec. 8.0 IEC 61000-4-12 & Sec. 6.1.1 ANSI/IEEE C62.41.2 - 2002, 6KV, 30 Ω
Distributed by:
Standard product equipped with universal connectors (insulated spade-quick disconnect).
All colors available in tinted or clear lens.
1 Class A
2 Measured at vertical angle of 2.5° and at horizontal angle of ±2.5° Product Information
Wavelength Maintained
Model Number Front Shell Size AC Voltage Power (W) (nm) Intensity (Cd) (in) Nominal Nominal nominal Minimum2
•DR4-RTFB-VLA-032 Tinted 8 120V - 60Hz 6.7 625 157 DR4-RCFB-VLA-032 Clear • DR4-YZFB-VLA-032 Tinted 8 120V - 60Hz 10.8 588 314
•DR4-YTFB-VLA-032 Tinted 8 120V - 60Hz 7.9 589 314 DR4-YCFB-VLA-032 Clear •DR4-GTFB-VLA-032 Tinted 8 120V - 60Hz 7.3 501 314 DR4-GCFB-VLA-032 Clear • DR6-RTFB-VLA-032 Tinted 12 120V – 60Hz 6.7 625 399 DR6-RCFB-VLA-032 Clear • DR6-YZFB-VLA-032 Tinted 12 120V - 60Hz 10.9 588 798
•DR6-YTFB-VLA-032 Tinted 12 120V – 60Hz 9.9 589 798 DR6-YCFB-VLA-032 Clear •DR6-GTFB-VLA-032 Tinted 12 120V – 60Hz 11 501 798 DR6-GCFB-VLA-032 Clear GTX
™
City VLA Model
LED Arrow Signals
12 inch
Incandescent look (120V)
Excellent Appearance & Visibility
• Efficient optical design allows omnidirectional arrow placement with maximum light output
• Excellent color uniformity creates an incandescent look for easy readability • New or retrofit use
Outstanding Reliability & Robust Operation
• High efficiency and high-brightness LED light source
• Failed state impedance protection detects the loss of LED load • Optimized thermal management for longer life
• Provides performance under extreme field temperature conditions Meets Rigorous Certification & Testing Standards
• Intertek ETL Verified compliant
• DOE compliant
• CSA approved model available
• Using MIL-STD-810F and MIL-STD-883 for environmental robustness, passed reliability and qualification testing, including high temperature, high humidity cycling • Compliant with ITE VTCSH LED Vehicle Arrow Traffic Signal S upplement dated July 1, 2007
The Greatest Signals Stand the Test of Time.™
www.currentbyge.com
All trademarks are the property of their respective owners. Information provided is subject to change without notice. All values are design or typical values when measured under laboratory conditions. Current, powered by GE is a business of the General Electric Company. © 2016 GE.
TRAF327 (Rev 11/04/16)
Call us today! 1-888-MY-GE-LED
Visit www.currentbyge.com/tetra
GTX
TM
City LED Arrow Signal Modules
• 12 inch module
Mechanical Outline
Dimensions in inches. (mm) indicates metric equivalent
12 (305) (77)
3 (141)
5.6 (264)
10.4 * Operating Temperature Range per ITE 2005 section 3.3.2 Operating Specifications
Parameter Rating
Operating Temperature Range* -40 to +74°C (-40 to +165°F) Operating Voltage Range 80 to 135 V (60Hz AC)
Power Factor (PF) > 90 %
Total Harmonic Distortion (THD) < 20 %
Voltage Turn-Off (VTO) 35 V
Turn-On / Turn-Off Time < 75msec
Lens & Shell Material UV Stabilized Polycarbonate
Wiring 40in, 20 AWG, Color Coded
with Strain Relief
Design Compliance
Test type Compliance
ITE VTCSH-LED Vehicle Arrow Luminous Intensity Traffic Signal Supplement, July 2007 ITE VTCSH-LED Vehicle Arrow Chromaticity Traffic Signal Supplement, July 2007 NEMA STD 250 Type 4 – 1991
Moisture Resistance Blown Wind Rain MIL-STD-810F
method 506.4
Mechanical Vibration MIL-STD-883 Method 2007
Electronic Noise FCC Title 47 Sub. B Sec.151
Sec. 2.1.6 NEMA TS2-2003, 300V, 2500W
Transient Voltage Protection Sec. 2.1.6 NEMA TS2-2003, 600V, 10μF Sec. 2.1.8 NEMA TS2-2003
ITE VTCSH-LED Vehicle ArrowController Compatibility Traffic Signal Supplement, July 2007 Wiring NFPA 70, National Electric Code
Sec. 8.2 IEC 1000-4-5 & Sec. 6.1.2
Transient Suppression ANSI/IEEE C62.41.2 - 2002, 3KV, 2Ω Sec. 8.0 IEC 1000-4-12 & Sec. 6.1.1
ANSI/IEEE C62.41.2 - 2002, 6KV, 30Ω
Distributed by:
Product Information
Model Size AC Power Wavelength Maintained Number (in) Voltage (W) (nm) Intensity Nominal Nominal Dominant (Cd) Minimum
•
DR6-RTAAN-VLA 12 120V – 60Hz 6.5 625 59
•
DR6-RCAAN-VLA 12 120V – 60Hz 6.5 625 59
•
DR6-YTAAN-VLA 12 120V – 60Hz 6.5 589 146
•
DR6-YCAAN-VLA 12 120V – 60Hz 6.5 589 146
•
DR6-GTAAN-VLA 12 120V – 60Hz 6.5 500 76
•
DR6-GCAAN-VLA 12 120V – 60Hz 6.5 500 76
All lamps available in tinted or clear lens.
1 Class A
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: January 18, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
La Mesa / Nisqualli Interchange 404 Permit Compliance Mitigation Site Coordination Recommendation:
That the Honorable City Council approve Amendment No. 3 to the Consultant / Professional Services Provider Agreement with WSP USA Inc., to increase the compensation by an amount not to exceed of $42,659 for the La Mesa / Nisqualli Interchange Permit Compliance and Mitigation Site Coordination.
Fiscal Impact:
This action will have a fiscal impact of $42,659, increasing the contract not to exceed amount from $93,921 to $136,580. An additional appropriation is not necessary; sufficient funds are in the account to cover the additional expense in this fiscal year.
Budget Account Number: 2504500-52300-60005
Measure I/Nisqualli Contract Services - $50,999.87
Background:
The La Mesa Road / Nisqualli Road Interchange had ongoing environmental monitoring for three permits that were required by environmental resource agencies. The permits were required because the construction of the interchange had permanent wetland impacts in the Oro Grande Wash which runs through the interchange limits. The permits are as follows: the US Army Corps of Engineers (USACOE) 404 Dredge and Fill permit; the Lahontan Regional Water Quality Control Board 401 Water Quality Certification permit; and the California Department of Fish and Wildlife (CDFW) 1602 Streambed Alteration permit. The City was required to set aside and preserve 6.12 acres of land with equivalent habitat to mitigate the removal of habitat in the wash due to the interchange construction. The land was set aside on four City-owned parcels adjacent to or in the Mojave River. The parcels are located about 0.5 miles east of Shay Road and 0.2 miles 2 3
6 7
north of the Shay Road / Phantom East intersection. Please refer to Attachment A, a map of the mitigation site.
The environmental permits require that the mitigation site be preserved in perpetuity as habitat area with a long-term management plan. It will be necessary to record a conservation easement over the 6.12 acres and contract with a qualified organization to maintain the site on a long-term basis. This organization will be responsible for ongoing removal of trash and invasive non-native plant species and environmental reporting to the three environmental permitting agencies.
On October 3, 2017, City Council approved a Consultant / Professional Services Provider Agreement with WSP, USA Inc., (WSP) for the La Mesa / Nisqualli Interchange Permit Compliance and Mitigation Site Coordination in an amount not to exceed of $26,960.
On June 18, 2019, City Council approved a Consultant / Professional Services Provider Agreement with Rivers and Lands Conservancy (RLC) in an amount not to exceed of $28,000. RLC will be the organization that is proposed to maintain the mitigation site for a long-term basis. The scope of the agreement included preparation of a baseline report on the environmental condition of the mitigation site and creating a long-term management plan. Staff will return to the City Council at a later time with a request to approve agreements with RLC for the long-term management of the mitigation site.
On April 21, 2020, City Council approved Amendment No. 1 to the agreement with WSP, in an amount not to exceed of $26,960, increasing the compensation to $57,290. The amendment was required due to additional tasks needed to comply with the requirements of the three environmental permitting agencies.
On November 3, 2020, City Council approved Amendment No. 2 to the agreement with WSP, in an amount not to exceed of $57,290, increasing the compensation to $93,921.
The amendment was required due to additional tasks needed to comply with the requirements of the three environmental permitting agencies.
Discussion:
Additional tasks need to be completed to comply with additional permit requirements from the environmental resource agencies, in particular, the USACOE and CDFW. The resource agencies are requiring that the responsibilities for the maintenance and long- term management of the site be clearly separated. This has resulted in revising documents and will require additional review time by the resource agencies, RLC and the City. In summary, the additional tasks include the following: coordinate the review and approval of the RLC agreements; coordinate the review and approval of the final version of the long-term management plan and conservation easement; assist in the close out of the environmental permits. The estimated fee to complete these tasks is $42,659. It will be necessary to amend the agreement with WSP to increase the compensation.
Staff recommends that the Honorable City Council approve Amendment No. 3 to the Consultant / Professional Services Provider Agreement with WSP USA Inc., to increase 2 3
6 7
the compensation by an amount not to exceed of $42,659 for the La Mesa / Nisqualli Interchange Permit Compliance and Mitigation Site Coordination.
Staff remains available for any questions that the City Council may have.
Attachments: A. Location Map of Mitigation Site
B. Amendment No. 3
C. Original Agreement and Amendments 1 & 2
ATTACHMENT A
ATTACHMENT B
Consultant/Professional Services Provider Agreement/WSP USA INC./PROJECT ESC18-016/AMENDMENT #3
AMENDMENT NUMBER: THREE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
WSP USA INC.
FOR
LA MESA/NISQUALLI 404 PERMIT COMPLIANCE – PERMIT MODIFICATION AND
MITIGATION SITE COORDINATION,
PROJECT ESC18-016
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______, 2022 by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and WSP USA Inc., a corporation, hereinafter referred to as “Consul tant”, City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties” for La Mesa/Nisqualli 404 Permit Compliance – Permit Modification and Mitigation Site Coordination, Project ESC18-016.
Recitals
1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Mesa/Nisqualli 404 Permit Compliance – Permit Modification and Mitigation Site Coordination, Project ESC18-016; and
2. WHEREAS, on or about June 3, 2020, Amendment One (1) was issued to the Original Agreement to amend Section 3, Compensation, cumulative not to exceed sum from $26,960.00 to $57,290.00; revise Sections 2 and 4, Proposal to include additional services; and amend Section 6, Term of Agreement to expire December 31, 2020; and
3. WHEREAS, on or about December 1, 2020, Amendment Two (2) to the Original Agreement to amend Section 3., Compensation, to include an increase of $36,631.00 (as approved by City Council at their meeting held November 3, 2020), thereby amending the total cumulative compensation from a not to exceed $57,290 to $93,921.00; and amend Section 6, Term of Agreement to expire June 30, 2021; and
4. WHEREAS, it is the desire of the Parties to issue Amendment Three (3) to the Original Agreement to amend Section 3., Compensation, to include an increase of $42,659.00 for additional services, thereby amending the total cumulative compensation from a not to exceed $93,921.00 to $136,580; revise Sections 2 and 4, Proposal to include additional services; and amend Section 6, Term of Agreement to expire June 30, 2023; and
Consultant/Professional Services Provider Agreement/WSP USA INC./PROJECT ESC18-016/AMENDMENT #3 P
age 2 of 3
5. NO
W THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
C
ontract Amendment
S
ection 2. – PROPOSAL – is amended as follows:
“
Consultant shall provide to the City those additional services as set forth in the Consultant’s Proposal dated December 22, 2021, attached here to as Exhibit A -2, and incorporated as part of this Agreement by this reference.” S
ection 3. – COMPENSATION – is amended as follows:
“
The City shall pay to Consultant a cumulative sum not to exceed One Hundred Thirty- Six Thousand Five Hundred Eighty and 00/100 dollars ($ 136,580.00) for faithful performance of the services to be rendered under this Agreement………….” S
ection 4. – PROPOSAL – is amended as follows:
“
The City shall pay Consultant for those additional services set forth in Consultant’s Proposal dated December 22, 2021, attached hereto as Exhibit A-2 and hereby incorporated as part of this agreement by this reference.” S
ection 6. – TERM OF AGREEMENT – is amended as follows:
“
The City hereby amends the Term of Agreement to expire on June 30, 202 3 (the “Termination Date”).
Except as amended herein, the terms and c onditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/WSP USA INC./PROJECT ESC18-016/AMENDMENT #3
IN WITNESS WHEREOF, the parties hereto have caused the amendment to the Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE WSP USA INC.
By:_______________________________ By:________________________________ Debra Jones, Victor Martinez,
Mayor Vice President, Area Manager
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
City Clerk
Dated:_______________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:______________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________ EXHIBIT A-2, AMENDMENT 3, CONSULTANT’S PROPOSAL/PROJECT ESC18-016
WSP USA
wsp.com
Brian Gengler, City Engineer December 22, 2021
City of Victorville
14343 Civic Drive
Victorville, CA 92392
Subject: Proposed Scope Modifications for the La Mesa/Nisqualli Long-Term Management Plan, Conservation Easement and Project Coordination
Dear Mr. Gengler:
Please accept this proposal for modification of the third-party parcel coordination contract for the I-15 La Mesa Nisqualli mitigation parcel. The below additional scope of services is submitted for your review.
1. Project Management (PM), Project Administration (PA), Quality Assurance/Quality Control (QA/QC):
a. Task includes review of monthly effort, preparation of monthly invoices, progress reporting, set- up and facilitation of agency meetings and quality assurance of deliverables.
Estimate of Effort: 46 labor-hours
2. Additional coordination with Army Corps of Engineers (ACOE) by WSP Environmental Permitting staff:
a. Coordinate with Rivers & Lands Conservancy (R&LC) for the items requested by ACOE:
Endowment agreement updated by R&LC to include language related to two (2) sub-accounts. b. Review revised Endowment agreement with costs for sub-accounts (R&LC). c. Review updated language in Long Term Management Plan (LTMP). Submit revised LTMP to ACOE.
d. Coordinate with ACOE Legal Counsel to update Conservation Easement (CE) to be consistent with LTMP revised language.
e. Coordinate with ACOE for the final review of the endowment agreement when the LTMP and CE are consistent.
f. Coordinate with R&LC with preparing a ‘mitigation services agreement' for land management per ACOE requirements for City review, then ACOE review.
g. Continue the close-out process for Permit Special Conditions #2 and #6. For Special Condition #2, update remarks column of ACOE submittal checklist with submittal dates and resubmit to ACOE for sign-off. Once the LTMP is approved, work with ACOE to obtain sign off on Special Condition #6.
h. Continue responding to ACOE inquiries and requests for information.
Estimate of Effort: 44 labor-hours
3. Additional coordination with California Department of Fish and Wildlife (CDFW) by WSP Environmental Permitting staff:
a. Set up meeting with CDFW, ACOE, and R&LC to discuss agreements and division of responsibilities.
b. Coordinate with CDFW to close out mitigation requirements and obtain concurrence on LTMP and CE.
c. Assist the City with the close out of the 2081 permit requirements. d. Assist the City with the close out of the 1600 permit requirements. e. Review the LTMP/PAR language to ensure it meets the Corps' request to clarify roles and responsibilities regarding site management and mitigation services, as well as structuring the endowment agreement to protect the long-term management investment.
Estimate of Effort: 44 labor-hours
4. Bi-weekly coordination Meetings
a. Continue bi-weekly meetings until June 30, 2022. Anticipate 14 meetings total. Task includes meeting preparation and follow up on action items.
Estimate of Effort: 84 labor-hours
The total effort for these tasks is estimated to be 218 labor-hours ($42,397) and an ODC estimate of $262. The schedule for completion will be seven (7) months or per the agreed-to schedule.
Assumptions:
· One (1) round of reviews/comments from ACOE per deliverable · One (1) round of reviews/comments from ACOE Office of Counsel · Fourteen (14) bi-weekly coordination meetings with City and R&LC · Two (2) coordination meetings with agencies (ACOE, CDFW) Deliverables:
· Updated Endowment Agreement
· Mitigation Services Agreement
· Revised Long-Term Management Plan
· Revised Conservation Easement
· Close-out confirmations from ACOE for Special Conditions #2 and #6 · Close-out confirmation from CDFW for the 2081 and 1600 Permits · Meeting minutes with Action Items
Exclusions:
· Off-site Annual Survey Report
If you have any questions or require additional information, please call the project manager, Chris Turnage, at (909) 386- 2832.
Kind regards,
Victor J. Martinez, PE
Vice President/District Transportation Business Leader
Cc: Chris Turnage, PE, Theresa Dickerson
ATTACHMENT C
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: January 18, 2022
Submitted By:
Scott Webb, City Planner
Subject:
Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Interim Shelter Lead Operator – Illumination Foundation.
Recommendation:
That the Honorable City Council approve Amendment No. 1 to the Consultant/ Professional Services Provider Agreement with Illumination Foundation for an additional scope of work not to exceed the amount of $199,000.
Fiscal Impact:
Acting in accordance with the staff recommendation will result in an increase of $199,000 to the annual Consultant/Professional Services Provider Agreement with Illumination Foundation, bringing to total cost for the initial term to $1,315,374.20. An additional appropriation is not required. There are sufficient funds in the existing budget to cover the planned expenses. The account numbers, descriptions and Fiscal Year 2021-2022 budget are shown in the table below:
Account No./Description Original Budget Revised Budget
2654020-52300-20487/ ESG-CV $0 $199,000
2654020-52300-20486/ Kaiser Grant $0 $95,000
1054020-52300/ Measure P $1,350,000 $1,350,000
2813025-52300-20862/ CDBG-CV3 $200,000 $200,000
Total $1,550,000 $1,844,000
Please note, $53,240.06 was previously paid under the Fiscal Year 2020-2021 budget for services provided by Illumination Foundation for the month of June 2021.
Background:
On November 5, 2019, City Council approved a Homelessness Solutions Strategic Action Plan (HSSAP) that was designed to assist the City with the development and/or 2 3
7 2
expansion of homeless outreach programs including enhanced shelter operations.
In June 2021, the City contracted with non-profit, Illumination Foundation to operate a 92- bed, 24-hour, low barrier shelter at the Westwinds Sports Center located at 18241 George Blvd in Victorville. The Westwinds Sports Center has been temporarily converted to an Interim Shelter to accommodate homeless men and women. Illumination Foundation oversees day to day shelter operations and has direct experience serving the target population and addressing barriers to housing stability. The Interim Shelter will remain in place until the City can establish its permanent, 170-bed Wellness Center Campus at 16902 First Street.
In September 2021, Kaiser’s SoCal Grant Committee extended an invitation to the City to apply for available grant funding. Funding priorities for the Southern California region included improved access to medical care, mental health, housing, and economic opportunities. The Interim Shelter was identified as a facility that is working to address health and housing inequities needed to create healthy communities. In December 2021, the City was notified that it was awarded $95,000.
On November 5, 2021, the City received a Letter of Interest from CDH seeking partners to utilize ESG-CV funds to provide emergency shelter services support from November 1, 2021 through March 30, 2022. City staff responded to the Letter of Interest to secure funding for the ongoing Interim Shelter operations and on November 22, 2021, CDH notified the City of a recommendation of grant funding in the amount of $199,000. The primary intent of the ESG-CV funds is to supplement the existing operational budgets of nonprofit organizations and government agencies responding to the critical needs of the community by providing services to prevent, prepare for, and respond to increased demand for services for these populations.
Discussion:
The City previously issued a Request for Proposal (RFP) for a Professional Lead Operator to oversee the day to day operations of an interim shelter and Illumination Foundation was successful in its proposal submission demonstrating a high level of experience, appropriate staffing and willingness to partner with the City. The Contract/Professional Services Provider Agreement with Illumination Foundation outlined an amount not to exceed $1,116,374.20 for a 13-month period (June 1, 2021 - June 30, 2022). Illumination Foundation agreed to provide core services outlined in the Consultant/Professional Services Provider Agreement (Attachment B) which includes, but is not limited to shelter; daily meals; laundry assistance; case management; housing navigation; on-site security; facility management and operation; routine facility maintenance and janitorial services; miscellaneous technical support; and coordination with partner referral entities.
Over the past seven months a good working relationship between the City and Illumination Foundation has been established allowing for open and continuous communication. During the first few months of operation, Illumination Foundation employed 13 full-time employees (FTEs), which was the maximum number of full-time 2 3
7 2
employees outlined in the original Contract/Professional Services Provider Agreement.
The budgeted positions were as follows:
Staffing for Interim Shelter Full-time
Site/Program Manager 1
Case Manager 2
Client Care Coordinator 2
Site Aide 8
Total: 13
To improve housing options and exit strategies, Illumination Foundation recently hired a full-time housing navigator, whose primary role is to work closely with prospective property owners and managers to promote permanent housing opportunities for Interim Shelter clients.
The allowance of a housing navigator will prove useful at the Interim Shelter, but due to the varied and multifaceted needs of shelter clients whose numbers have increased dramatically over the past seven months, additional services have been identified to optimize performance, successful exit strategies and security measures at the Interim Shelter. The identified additional services include, but are not limited to, professional security guards, a substance use disorder counselor and additional site aides to help monitor COVID isolation and quarantine areas and clients, as well as the animal kennel that is being constructed.
The need for professionally trained security guards became a pressing matter for the Interim Shelter over the past few months. As of January 3, 2022, there has been a 24- hour professional security guard presence, which is proving to be effective. The use of trained, unarmed security guards has been an essential asset to ensure the continued safety of shelter clients and staff, particularly as the Interim Shelter is located in a remote area of the City. Although the presence of a security guard at a homeless shelter can sometimes be viewed in a negative manner due to the perception of a policing or patrolling figure, in the case of the Interim Shelter, which provides low-barrier entry and accepts an eclectic mix of individuals from diverse and complex backgrounds, both staff and shelter clients have requested and embraced the presence of security guards onsite.
Illumination Foundation’s initial security plan had included the use of trained/certified volunteers to provide security. The cost to provide professional security is extremely expensive and was not factored into the original Contract/Professional Services Provider Agreement. However, since the time that the original agreement was approved, staff was able to research and apply for grant funding that will help offset expenses for additional services, including the need for professional security.
Illumination Foundation provided the City with an expanded scope of work, which has been included in the proposed Amendment No. 1 to the Contract/Professional Services 2 3
7 2
Provider Agreement (Attachment A), which would cover the period of January 1, 2022 - June 30, 2022.
By providing drug/alcohol abuse counseling, additional staffing, and professional security guards, Illumination Foundation will be able to better assist clients with alleviating complex, systematic issues in a safe and secure environment. Additional funding will now reflect the following revised Interim Shelter staffing:
Revised Staffing for Interim Shelter (January - June 2022) Full-time Site/Program Manager 1
Case Managers 2
Housing Navigator 1
Substance Use Counselor 1
Client Care Coordinator 2
Site Aides 10
Professional Security Guards 2
Total: 19
A description of staffing outlined above has been included as Attachment C for reference.
Staff recommends that the City Council approve Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Illumination Foundation for additional scope of work and an increase in the total cumulative not to exceed the amount by $199,000, to $1,315,374.20, for the initial term ending June 30, 2022.
Attachments: A. Amendment No. 1
B. Consultant/Professional Services Provider Agreement
C. Staffing Descriptions
ATTACHMENT A
AMENDMENT NO. ONE
CONSULTANT/
PROFESSIONAL
SERVICES PROVIDER
AGREEMENT
Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086/Amendment 1 Pa
ge 1 of 3
AMENDMENT NUMBER: ONE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
THE ILLUMINATION FOUNDATION
FOR
INTERIM SHELTER AND WELLNESS CENTER LEAD OPERATOR,
PROJECT BM21-086
THI
S AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______, 2022, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and The Illumination Foundation, a California corporation, hereinafter referred to as “Consultant”, C ity and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Re
citals
1. WHEREAS, th e City has a Consultant/Pr ofessional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Interim Shelter and Wellness Center Lead Operator; and
2. WHEREAS, it is the desire of the Parties to is sue Amendment One ( 1) to the Original Agreement to amend Section 2., Scope of Services, to include additional services; increase Section 3., Compensation by $199,000, thereby amending the total annual not to exceed sum fr om $1,116,374.20 to $1,315,374.20; and Section 4., Consultant’s Proposal to include cost for the additional services; and
3. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Cont
ract Amendment
Se
ction 2. – SCOPE OF SERVICES – is amended as follows:
“C
onsultant shall provide to the City those additional services set forth in Amendment 1, Scope of Services, attached hereto as Exhibit A-1, and incorporated as part of this Agreement by this reference.”
Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086/Amendment 1 P
age 2 of 3
S
ection 3. – COMPENSATION – is amended as follows:
“
The City shall pay to Consultant an annual sum not to exceed One Million Three Hundred Fifteen Thousand Three Hundred Seventy -four and 20/100 dollars ($1,315,374.20) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.” S
ection 4. – CONSULTANT’S PROPOSAL – is amended as follows:
“
The City shall pay Consultant for those additional services set forth in Amendment 1, Consultant’s Proposal, attached hereto as Exhibit A-1, and hereby incorporated as part of this agreement by this reference.”
E
xcept as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(
SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE THE ILLUMINATION FOUNDATION
By:_______________________________ By:________________________________ Debra Jones, John H. Ing,
Mayor Chief Financial Officer
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
City Clerk
Dated:_______________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:______________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________
Modification to Agreement Between the City of Victorville and Illumination Foundation for the Interim Shelter at Westwinds Sports Center Modified to incorporate $199,000 in additional funding secured by the City of Victorville for the period of January 1, 2022 through June 30, 2022.
A
dditional Services
Security
Beginning January 1, 2022, security will include contracted security guards. Illumination Foundation will provide 24/7 professional security services at the Interim Shelter. Illumination Foundation will contract with Protection America, a fully licensed and credentialed security provider, at a cost of $23/hour per security guard.
Substance Use Counselor
Beginning January 1, 2022, a Substance Use Counselor will design a program of treatment and rehabilitation tailored to a client’s needs related to drug or alcohol dependency. The Substance Use Counselor will provide individual counseling and group sessions, and track client progress.
Site Aides
Beginning January 1, 2022, Site Aides will monitor the isolation tents in the extended shelter area and provide oversight for the animal kennel.
A
mended Budget
ITEM AMOUNT
Security (2 Guards @ 12 hours each/day @ $23/hour) $99,360 Substance Use Counselor (1 FTE @ $25.46/hour + .25 benefits) $45,828 Site Aides for Monitoring Isolation Tents-Extended Shelter Area and Animal Kennel
(1.75 FTE @$17/hour + .25 benefits)
$53,550
Miscellaneous (e.g. learning supplies, over-the-counter-meds, household items) $262 TOTAL $199,000
EXHIBIT A-1, AMENDMENT 1, SCOPE OF SERVICES/CONSULTANT PROPOSAL, PROJECT BM21-086
ATTACHMENT B
CONSULTANT/
PROFESSIONAL
SERVICES PROVIDER
AGREEMENT
DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB
CONSUL TANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
THE ILLUMINATION FOUNDATION
FOR
INTERIM HOMELESS SHELTER LEAD OPERATOR AT THE
WESTWINDS SPORTS CENTER LOCATED AT 18241 GEORGE
BOULEVARD,
PROJECT BM21-086
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter "Agreement"), is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California,
hereinafter referred to as the "City", and The Illumination Foundation, a California corporation, hereinafter referred to as "Consultant." City and Consultant are sometimes hereinafter referred to individually as a "Party" and collectively referred to as the "Parties." RECITALS:
WHEREAS, the City requires Consultant/Professional Services for Interim Homeless Shelter Lead Operator; and
WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Interim Homeless Shelter Lead Operator; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated as part of this Agreement by this reference. 1[consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F38-2D20-482D-87F8-D2BF49D4C3FB Section 3. COMPENSATION
The City shall pay to Consultant a cumulative sum not to exceed One Million One Hundred Sixteen Thousand Three Hundred Seventy-four and 20/100 Dollars ($1,116,374.20) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provision of Section 4, below, and of which $200,000 of the $1,116,374.20 amount is contingent upon the Consultant successfully submitting reimbursement requests for eligible activities that directly address COVID-19, through prevention or response, pursuant to U.S. Department of Housing and Urban Development's Community Development Block Grant - Coronavirus (CDBG-CV) Guidelines. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit "8", below; (ii) appear on Consultant's monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the· City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. CONSULTANT'S PROPOSAL
The City shall pay Consultant as provided in the Proposal, attached hereto as Exhibit "8" and incorporated as part of this Agreement by this reference. The provisions of Exhibit "B" notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant's invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of thirteen (13) months, commencing on June 1, 2021 (the "Commencement Date") and expiring on June 30, 2022 (the "Termination Date") (the "Term"), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for four (4) additional one-year periods (hereinafter "Option Periods"), atthe option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant. 2 Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 .,,,_
-
DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR'S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of arw salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant's employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
3 Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB (4) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Jenele Davidson, Deputy City Manager, or her designee. b. By executing this Agreement, Consultant warrants that it:
performed;
provided;
( 1) Has thoroughly investigated and considered the services and work to be (2) Has investigated the issues regarding the scope of services to be (3)
performed; and
Has carefully considered how the services and related work should be (4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Jenele Davidson, Deputy City Manager, or her designee. 4 Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2020-482D-87F8-D2BF49D4C3FB Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant's services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk's Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Commerci�I General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant spall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property dam.age, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. PROFESSIONAL LIABILITY INSURANCE
Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant's profession shall be required and written on a policy form specifically designed to 5 I Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB provide coverage for and protect against the negligent acts, errors and omIssIons of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of ·subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors.
Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one ( 1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The Commercial General Liability and Vehicle Liability policies shall be endorsed to contain the following provision: "For any claims related to this Agreement, Consultant's coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Consultant's insurance and shall not contribute with it." Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least 6 Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F38-2D20-482D-87F8-D2BF49D4C3FB thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of.termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten ( 10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the "City lndemnitees"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys' fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively "Claims") which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City lndemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 ("Design Professional"). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City lndemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant's proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.
Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City I ndemnitees. c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold 7 Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
Section 24. REPORTS
Upon request by Jenele Davidson, Deputy City Manager, or her designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit "A", Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Jenele Davidson, Deputy City Manager, or her designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Jenele Davidson, Deputy City Manager, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Jenele Davidson, Deputy City Manager, or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Jenele Davidson, Deputy City Manager, or her desi�nee, or as required by applicable law.
c. Consultant shall not disclose to any other entity or person - any information regarding the activities of the City, except with the prior written approval of Jenele Davidson, Deputy City Manager, or her designee, or as required by applicable law. s'l Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant's services or when requested by Jenele Davidson, Deputy City Manager, or her designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant. e. Consultant's covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. John H. Ing, Chief Financial Officer, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Jenele Davidson, Deputy City Manager, or her designee, shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Interim Shelter and Wellness Center Lead Operator, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party. g Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibits "A" and "B" are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibits "A" and "B" the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibits "A" and "B" shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Jenele Davidson, Deputy City Manager
Planning Division
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: John H. Ing, Chief Financial Officer
The Illumination Foundation
1091 N. Batavia Street
Orange, CA 92867
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS AND
EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
1 0 Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086_.,..,.
DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB waiver.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the b. No waiver of any prov1s1on of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and· personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
11 I Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F38-2D20-482D-87F8-D2BF49D4C3FB Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or · more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS' FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, from the 12 I Consult;nt/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4O5F3B-2O20-482D-87F8-D2BF49O4C3FB losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City's Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND
EXECUTING AGREEMENT
PERSONS
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been . taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
13 fconsultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
B ��������"---'------
D at 8; Olz;, /1--0 I 2-02- \
ATTEST
By: °"}��ChattfleRomson,
City Clerk
Dated: _.....;;5'=--fl--=·i-o�--::;._\ .... z_o�2...-=---l---
THE CITY OF VICTORVILLE
Signed!� c,:;untsrpart By:-----------
John Preston,
;f'
Risk Manager
Dated: ____________ _
THE ILLUMINATION FOUNDATION
o n . ng,
Chief Financial Officer
Dated: 5/13/2021 I 11:04 PM PDT
APPROVED AS TO STANDARD
FORM:
ndre de Bortnowsky,
City Attorney
/7
Dated: ___ S,c;..,,,._ ... _4---='-----_Z_I __ _
14 Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2020-482D-87F8-D2BF49D4C3FB IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE
SJgned in Counterpart
By: __________ _
Debra·s� Jones,
Mayor
Dated: __________ _
ATTEST
By: Signed in Counterpart
Charlene Robinson,
City Clerk
Dated: ___________ _
THE CITY OF VICTORVILLE
By:�
JohnPresion,'---
Risk Manager
Dated: S:--JS: .. .z,I
THE ILLUMINATION FOUNDATION
y--�
By:4:;�J.�on . ng,
Chief Financial Officer
Dated: �/13/2021 I 11:04 PM PDT
APPROVED AS TO STANDARD
FORM:
Sioned in Counterpart
By:
�J
Andre de Bortnowsky,
City Attorney
Dated: -----------
DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-02BF4904C3FB 15 EXHIBIT A
SCOPE OF SERVICES
Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21- 086
DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB EXHIBIT A, SCOPE OF SERVICES, PROJECT BM21-086
Westwinds Interim Shelter Scope of Work
Purpose
Illumination Foundation will operate a low barrier shelter that is safe, clean, respectful, and beneficial to both our clients and the community.
Client Services
Population Served: The shelter will be made available for adult men, women and families. Clients will review and sign an agreement to abide by the complete list of shelter rules and guidelines, which they will receive upon entrance. These rules include, but are not limited to the following:
• Compliance with CDC's interim guidance for homeless service providers to ensure safety of clients, staff and community.
• Clients will not bring drugs or alcohol to the facility. • Clients will not bring weapons/ammunition/objects that may be used as weapons to the facility.
• Clients agree to a search by wand of their person and property before entering facility. • Clients take full responsibility for their personal property. • Clients agree to hand over any medications (prescription ) to staff. • Clients agree to wear shelter ID at all times.
• Clients agree to smoke only in designated outdoor smoking areas. • Clients agree to abide by designated quiet times/lights out. • Clients agree to remain only in the sections of the facility to which they are provided access.
• Clients agree not to loiter near the facility or pick-up locations. • Clients agree not to threaten staff or other clients.
Total Number of Shelter Beds Served: Illumination Foundation will provide services for a maximum of 92 shelter occupants (92-beds), through intake procedures noted in the Coordinated Entry subsection of this Scope of Work.
Entry and Exits: Clients will sign in and out from the premises. • Identification Requirements: All clients will present identification upon entry. Clients without valid California ID will be given supportive services to secure an ID. Clients will also receive a shelter-specific ID cards.
• Personal Belongings: Personal items will be checked by security personnel utilizing security wands upon entrance: all contraband will be seized. 16/Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB EXHIBIT A, SCOPE OF SERVICES, PROJECT BM21-086
• Screenings: No person validated on the sex offender registry (Megan's Law) will be allowed to access shelter property. No felons with open warrants will be allowed to access the shelter property. Illumination Foundation will work cooperatively with the local police department and utilize californiaarrest.org to screen clients for open warrants. • Exits: Clients will be considered to have exited the program when they voluntarily leave or are exited from the shelter for safety or continual shelter violations or find alternative housing. Length of exit for safety violations will depend on the severity of the infraction.
Exit Procedure: When a client is asked to exit due to disobedience of the rules, violence, or criminal activity, security will escort the person off the property and those exited will be transported to a self-directed location of the surrounding area.
Grievances: Illumination Foundation will provide a grievance resolution process for clients that will be documented in the Operational Plan.
Coordinated Entry: Illumination Foundation will participate in the San Bernardino County Continuum of Care Coordinated Entry System (CES), including diversion screening at intake.
Illumination Foundation will only allow intakes to the Interim Shelter from CES during periods when the client population is at or below 65. Once the population of residing clients reach a total of 65, additional client intakes shall be limited only to those intakes initiated by Victorville Code Enforcement or Police Department. Illumination Foundation will input data into the Homeless Management and Information System in a timely manner.
• Prioritization of Referrals: Illumination Foundation will prioritize coordinated entry for Victorville's Code Enforcement and Police department.
• Homeless Diversion: Illumination Foundation will include homeless diversion screening at intake to ensure that those with alternative resources will not access the homeless system, but instead be provided direct referrals or connected with an agency that can offer successful diversion assistance.
• Coordination with Rapid, Transitional & Permanent Housing Providers: Illumination Foundation will work with CES & local homeless housing providers to successfully develop exit strategies and connect shelter occupants to alternative housing opportunities.
Multi-Disciplinary Team Meetings: Illumination Foundation shall coordinate routine Multi Disciplinary team meetings to discuss the progress of clients, issues or any gaps in service and to help guide client's efforts to improve positive outcomes related to self-sufficiency and housing security.
17/ConsultanUProfessional Services Provider AgreemenUThe Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2020-482O-87F8-O2BF49D4C3FB EXHIBIT A, SCOPE OF SERVICES, PROJECT BM21-086
Service and Outcome Objectives
The· Illumination Foundation Operating Plan shall incorporate best measurable objectives and reporting requirements, to be further detailed in that plan. In measuring these areas, a balance will be created between the value of the information and the time/effort required to collect the information.
1. Service Objectives. Service objectives for each program shall describe expectations around the quantity and quality of services provided; including but not limited to:
• Number of unduplicated individuals to be served in the reporting period; • Number of services provided by service type; and
• Timeliness or frequency of service provision.
2. Target Goals & Expected Outcomes. Outcome objectives for each program shall measure the change in the Clients, community, or system as a result of the programs; including but not limited to:
• Reduction in the length of time an individual remains homeless; • Reduction in the rate of returns to homelessness;
• Improvements to an individual's well-being and self-sufficiency; • Exit to permanent housing {subsidized or unsubsidized) during the year; and/or • Client satisfaction with services, treatment, meals, and adherence to shelter standards of care.
3. Accountability & Measures: Illumination Foundation will track outcomes and performance measures for each client and utilize best practice methods to facilitate client success. 18/Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D 4C3F B EXHIBIT A, SCOPE OF SERVICES, PROJECT BM21-086
Facility Operations
Operational Plan: Illumination Foundation shall prepare and follow a detailed operational plan of the Core Services described in Table 1 in accordance with all other provisions of this Scope of Work. The operational plan will need to be submitted and approved by the City Manager or his/her designee prior to commencement of operations and any subsequent modification to the operational plan will require the same City staff approval.
Tablel. Facilit� O�erator Core Services
Service Descri�tion
1 Facility • Administration of the Illumination Foundation Operating Plan Management • Full operation of facility: 24-hour, 7 days per week, 365 days per year
• Oversight of onsite services provided by community partners • Professional accounting, record keeping and reporting including the number of clients served, objectives and outcomes
• Reporting of objectives/outcomes per Illumination Foundations' Operating Plan (number of clients served, number and types of exits per month, number of services provided by service type, length of stay, etc.)
• Coordinate referrals and prioritization of intake
• Daily Orientation and Programming
• Volunteer Organization and Management
• IT Support (City to provide initial infrastructure connections) • Other day-to-day as needed
2 Meals Illumination Foundation will provide breakfast, lunch, hot dinner, and snacks daily to clients at the Interim Shelter. Third-party providers will deliver prepared hot meals; Illumination Foundation will supply the other meals and snacks.
3 Laundry Services Service of on-site machines; management of "credit" system and/or client-based laundry program.
4 Housekeeping Illumination Foundation will maintain a clean facility, to include the washing and sanitization of bed linens. Standard housekeeping procedures include maintaining hygienic and sanitary environments for clients, volunteers, and staff.
5 Transportatio•n Illumination Foundation wm arrange for transportation pick up for clients. Pick up will be at a designated location(s) Illumination 19/Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2O20-482D-87F8-D2BF49D4C3FB 6 Case
Management
7 Health Policies
EXHIBIT A, SCOPE OF SERVICES, PROJECT BM21-086
Foundation will designate operating days and time for
transportation so that shelter occupants can schedule critical appointments accordingly.
Conduct intake/assessment of individuals upon entry and work with community partners identified by the City to assist shelter occupants to connect to resources for comprehensive wrap around services to include:
• Housing Navigation
• Medical Services
• Substance Abuse Counseling
• Behavioral Health Counseling
• Job training/placement
• Veteran services
Illumination Foundation will connect to a group of community partner agencies specializing in providing an array of supportive services beneficial to Year-Round Emergency Shelter Program clients.
Illumination Foundation will hold all clients to the policy of prohibiting the possession or use ol alcohol or drugs.
Clients will be able to hand over their medications so they can be safely stored.
Medications will be labeled with the client's name and
bed number, and placed inside a locked storage unit or
designated locked refrigerator. Clients will have access to medications by making a request to staff. Clients are responsible for requesting and taking their own medications within the limits prescribed. Staff will have first aid supplies available at all times and be trained annually in universal precautions, first aid care, seizure and mental health crisis.
8 Good Neighbor Illumination Foundation will establish and implement a Good Policy
9 Security
Neighbor Policy to maintain a positive relationship with the surrounding:community and limit ne-gative impact on nearby areas.
Illumination Foundation will consider the resolution of community complaints a high priority and ensure there is a responsive team available to address concerns.
24/7 security will be provided by trained and certified volunteers. 20/ConsultanUProfessional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA405F3B-2D20-482D-87F8-D2BF49D4C3FB EXHIBIT A, SCOPE OF SERVICES, PROJECT BM21-086
Security personnel must possess a Security Guard's License through the State of California Bureau of Security and Investigative Services.
Security personnel will assist facility staff with the check-in process including search and seizure of illicit drugs, weapons, and other contraband.
Facility Management: Illumination Foundation will provide professional accounting, record keeping and reporting; including reporting of the number of clients served, objectives, and outcomes.
• Communication & Coordination: Illumination Foundation will identify one of its representatives to correspond regularly with the City's Homelessness Solutions Coordinator (HSC) or another City designee as assigned by the City Manager, to keep the City apprised of pertinent information related to the interim shelter such as current occupancy count, enlisted programs & services, outcomes, issues and/or concerns.
Should the assigned Illumination Foundation representative be placed on leave due to sickness, vacation or administrative reasons it will be the responsibility of Illumination Foundation to designate an alternate to maintain communication with the City. The City will use this information to keep City Council informed and share information on the City's website to include Frequently Asked Questions, Good Neighbor Policy and Operational Plan.
• Reporting: Illumination Foundation shall submit monthly reports to the City and, if requested by the City, submit reports directly to the County of San Bernardino. Data and due dates for the monthly reports will be items mutually agreed upon with the City. The City may request an Annual Audit conducted by a third party to review and audit day-to day operations of the interim shelter.
• Daily Bed Count: As a responsive measure to a critical community need, Illumination Foundation will provide a daily bed count to Victorville Code Compliance and, Police Department (phone number to be provided to Police & Code Compliance so that officers can call in to receive current bed count). A daily bed utilization count will help to prevent overflow and/or capacity issues.
Facility Maintenance: Illumination Foundation will attend to minor shelter upkeep and repairs, including janitorial. Illumination Foundation will maintain a clean, safe, pest-free environment and follow all applicable bui_lding, fire, and health codes. Illumination Foundation will promptly notify the City of any damage to the facility or major repairs needed to sustain operations. 21/ConsultanUProfessional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49O4C3FB EXHIBIT A, SCOPE OF SERVICES, PROJECT BM21-086
Safety Policy: All staff receive our Safety Manual and are trained in fire and earthquake evacuation procedures. Evacuation paths, procedures, and marshalling points will be clearly posted in all main areas. An evacuation point outside will be designated. A single person will be designated as staff lead at all times. In case of emergency, the staff lead will notify all staff and clients to evacuate and call 911.
• Emergency lighting will be installed by the City of Victorville both inside the facility and outside on the grounds in compliance with all codes.
• No smoking will be allowed inside or outside the building within 20 feet of doors. A smoking section will be designated, and a sign posted in the enclosed patio area. • Fire Watch: Illumination Foundation will implement Fire Watch at the interim shelter utilizing dedicated staff (site assistants) specifically trained for Fire Watch services.
Annual Review of Party Usage: Once annually, upon the request of the City, Illumination Foundation agrees to mutually work with the City to make any necessary revisions to the approved Operating Plan, should the need arise to further the goals and objectives of the Agreement.
Visitors & Tours: Visits by members of the community and tours of the facility will be available by scheduling an appointment with Illumination Foundation Staff. 22/Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F38-2D20-482D-87FB-D2BF49D4C3FB
EXHIBIT B
CONSULTANT'S PROPOSAL
23/Consultant/Professional Services Provider Agreement/The Illumination Foundation/Project BM21-086 DocuSign Envelope ID: AA4D5F3B-2D20-482D-87F8-D2BF49D4C3FB EXHIBIT B, CONSULTANT'S COST PROPOSAL, PROJECT BM21-086
OPERATING EXPENSES
Pro,ram Staff Sa.lary & Benefits
Cltent Assist� nee
Food
Laundry
Oth,er (Supp1ies1 JanitorialJ Linens, Etc.)
Sub-total
Other Eip-en,�s
UabHity insurance
.effice supplies
Te-locom
Staff m� & travel
Transportati n
M iscellaneoilis
Admi,nistratiue .Expet1ses
Sub-to.tal
$
s
$
$
625,000
13.00 FTEs
150,000
7,300
87,600
$ 244,9:00
11JOOO
3,120
3,900
2,340
7,,�00
24ono .I
$ 51,160
110,527
TOTAt OPERATING EXP:ENS.ES $ �, 03:1,587 ============== Pei- Diem
*Converting this 12 month proposal into 13 months = one year contract 1,031,587 + $30.72 per diem rate x 92 clients x 30 days in June, for the total 13 month contract amount of $1,116,374.20.
24/Consultant/Professional Services Provider Agreement/Illumination Foundation/Project BM21-086
ATTACHMENT C
STAFFING DESCRIPTIONS
Staffing Descriptions
Program Manager-Coordinates all daily operations involved in 24/7/365 shelter, including intake, food, cleanliness, maintenance, client care, staff coordination, program outcomes, reporting, security, onsite service providers, Good Neighbor Policy & volunteer monitoring. Provides oversight to case management, housing navigation, shift leads & site aides.
Case Manager-Conducts intake, including diversion. Referral service. Vi-SPDAT, uses Coordinated Entry System (CES), Homeless Management Information System (HMIS), Illumination Foundation (IF) database, evaluates client needs, makes individual plan, including housing plan with interim shelter clients, links to benefits and other assistance, connects to onsite mental health and substance use counseling, coordinates referrals to service providers, executes housing plan with Interim Shelter clients, Records data & maintains client files. Housing Navigator- In conjunction with case manager, works with clients to develop housing plan and overcome housing barriers. Helps clients with applications, prepares clients for interviews with property managers, develops contracts with property managers, makes housing connection, serves as mediator between client and landlord. Assist clients with housing retention as needed.
Substance Use Counselor-Design a program of treatment and rehabilitation tailored to a client’s needs related to drug or alcohol dependency. Provides individual counseling, group sessions and track client’s progress. Client Care Coordinator-Responsible for all operational needs, including meals, cleanliness, maintenance, security, staff coordination, logistics, volunteer monitoring, pets & helps to oversee site aides.
Site Aides-Assist with operations, including housekeeping, janitorial, meal service, laundry, advocates client needs to supervisor, provide 24/7 presence, shuttle clients in and out of facility and from drop-off sites. Licensed Security Guards-Contracted security conducts searches at intake, monitors facility inside and out, provides 24/7 presence inside and out, with sensitivity to the homeless population.
Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: January 18, 2022
Submitted By:
Scott Webb, City Planner
Subject:
Wellness Center Project - Appropriation of Homekey Round 2 Grant Funding and Approval of Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC Architects and Engineers.
Recommendation:
That the Honorable City Council approve:
1) Resolution No. 22-009 amending the Fiscal Year 2021-2022 annual budget to reflect an additional appropriation of revenues and expenditures in the amount of $28,004,058 for the Homekey Round 2 grant award (Attachment A); and 2) Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC Architects and Engineers for an additional scope of work increasing the not to exceed the amount by $352,622.80 to $814,172.80 and extending the term of the agreement through September 30, 2023 (Attachment B).
Fiscal Impact:
Acting in accordance with the staff recommendation will increase both revenue and expenditures under the Fiscal Year 2021-2022 annual budget by $28,004,058 for the Homekey Round 2 grant award. Capital funds must be expended within eight months of the date of award unless an extension is authorized by the State of California Department of Housing and Community Development (HCD). The additional $352,622.80 for the added scope of work with CMC Architects and Engineers (CMC) will be funded from the Homekey Round 2 grant, based on HCD’s December 15, 2021 award of $28,004,058 for the Wellness Center project.
Account Allocation Amount
2700011-43110-97063 (Revenue) $28,004,058
2700011-52300-97063 (Expenditure) $28,004,058
2 3
7 5
Background:
Over the past year, City staff has been pursuing the development of a navigation center campus, called the “Wellness Center,” to be located at 16902 First Street in accordance with City Council direction at the August 18, 2020 meeting to continue with the land use entitlement process and securing of funding for the project. Combining a low-barrier emergency shelter, recuperative care facility, medical clinic, interim housing, and wraparound support services, the Wellness Center Campus will be the first facility of its kind in San Bernardino County.
On February 16, 2021, the City Council approved a Consultant/Professional Services Provider Agreement in accordance with §2.28.280(c) of the Municipal Code with CMC to complete the construction documents for the Wellness Center Campus in the amount of $416,550 (Attachment C). This initial agreement was funded by Permanent Local Housing Allocation grant funds.
On September 29, 2021, the City Council authorized staff to proceed with the Homekey Round 2 grant application to assist in funding the construction and operation of the Wellness Center.
On December 8, 2021 the Planning Commission approved the entitlements for the Wellness Center project, which included approval of a Site Plan and Mitigated Negative Declaration. Attachment E provides the site plan and renderings for the project.
On December 15, 2021, the City was notified by HCD of an award in the amount of $28,004,058 under Homekey Round 2 for the Wellness Center project (Attachment D), of which $23,612,058 has been awarded to fund capital construction costs and $4,392,000 for operational expenses.
Discussion:
Staff has identified an additional scope of work with CMC that is necessary to start and complete construction of the Wellness Center project. Prior to initiating the bidding process to select a contractor to build the Wellness Center, additional design work is needed to include within the bid package and/or comply with applicable California Building Code and Victorville Municipal Code standards. The following summarizes the additional scope of work listed in the proposed Amendment No. 1 to CMC’s Consultant/Professional Services Provider Agreement (Attachment B):
Foundation design and calculations for all the shelter units and community buildings;
Final Parcel Map;
Storm Water Pollution Prevention Plan (SWPPP);
Design, working drawing and HCD approval process for shelter units, bathroom units and community buildings;
Added coordination cost to finalize building plans; and Carport structure and solar panel design.
2 3
7 5
Most of this additional scope is anticipated to be completed within the next two-three months, followed by the bid announcement to select a contractor to build the project. The Parcel Map will be completed later this year, which will dedicate cul-de-sac right-of-way on First Street and River Street for the project, as well as consolidate numerous City owned parcels into parcels that correspond with the project boundary. CMC’s agreement requires coordination assistance with the City and contractor throughout construction and upon initial occupancy; therefore, Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC also extends the term of the agreement through September 30, 2023.
Staff recommends that the City Council approve Resolution No. 22-009 to amend the Fiscal Year 2021-2022 annual budget to reflect an additional appropriation of revenues and expenditures in the amount of $28,004,058 for the Homekey Round 2 grant award and; approve Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC for additional scope of work that will increase the total cumulative not to exceed amount by $352,622.80, to $814,172.80.
Attachments: A. Resolution No. 22-009 - Budget Amendment B. Amendment No. 1
C. Consultant/Professional Services Provider Agreement
D. Homekey Award Letter
E. Project Site Plan and Renderings
1 1
5 3
9 ATTACHMENT A
BUDGET AMENDMENT
1 1
5 3
9 RESOLUTION NO. 22-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ACCEPTING THE HOMEKEY ROUND 2 GRANT AWARD AND AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2021-2022
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2021-2022; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2021, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2021-2022 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Allocated
2700011-43110-97063 (Revenue) $28,004,058
2700011-52300-97063 (Expenditure) $28,004,058
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
ATTACHMENT B
AMENDMENT NO. 1
Consultant/Professional Services Provider Agreement/CMC Architects and Engineers/Project ESC21-088, Amendment 1
AMENDMENT NUMBER: ONE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
CMC ARCHITECTS AND ENGINEERS
FOR
DESIGN OF THE WELLNESS AND RECUPERATIVE CARE CENTER
LOCATED IN THE CITY OF VICTORVILE, PROJECT ESC21-088
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______, 2022, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and CMC Architects and Engineers, an architectural design firm , hereinafter referred to as “Consultant”, City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Design of the Wellness and Recuperative Care Center located in the City of Victorville; and
2. WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to amend Section 2., Scope of Services, to include additional services; Section 3., Compensation to revise the total cumulative not to exceed sum from $461,550.00 to $814,172.80; Section 4., Fee Schedule to include additional services as set forth in the Consultant’s Proposal; and Section 6., Term of the Agreement to expire September 30, 2023; and
3. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Consultant/Professional Services Provider Agreement/CMC Architects and Engineers/Project ESC21-088, Amendment 1
Contract Amendment
Section 2. – SCOPE OF SERVICES – is amended as follows:
“Consultant shall provide to the City those additional services as set forth in the Amendment 1, Scope of Services dated January 4, 2022, attached hereto as Exhibit A-1, and incorporated as part of this Agreement by this reference.”
Section 3. – COMPENSATION – is amended as follows:
“The City shall pay to Consultant a sum not to exceed Eight Hundred Fourteen Thousand One Hundred Seventy-two and 80/100 dollars ($ 814,172.80) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
Section 4. – CONSULTANT’S PROPOSAL – is amended as follows:
“The City shall pay Consultant for those a dditional services set forth in Consultant’s Proposal dated January 4, 2022, attached hereto as Exhibit A-1, and hereby incorporated as part of this agreement by this reference.”
Section 6. – TERM OF AGREEMENT - is amended as follows:
“The City hereby amends the Term of Agreement to expire on September 30, 2023 (the “Termination Date”).”
Except as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/CMC Architects and Engineers/Project ESC21-088, Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE CMC ARCHITECTS AND ENGINEERS
By:_______________________________ By:________________________________ Debra Jones, Myung C. Chung, AIA
Mayor Principal
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
City Clerk
Dated:_______________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:______________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________
CMC
Architects and Engineers
783 Phillips Drive, City of Industry, CA 91748
T: 626-569-1810 C: 818-468-2505 [email protected]
AMENDED SCHEDULE OF VALUE
AND APPROXIMATE DATE OF COMPLETION(ADOC)
FOR
EACH SERVICE ITEM
A. Following are the scheduled value for each service item.
1. Architectural design and working drawing($140,000) (CMC) (ADOC: 4/29/2022)
a. Site Development plan includingthe following:
1. Layout of TBD Modular Vendor Building Clusters.($8,000)
2. Layout of Mobile Modular buildings.($5,000)
3. Entry Plaza.($2,000)
4. Covered patio area.($3,000)
5. Central Courtyard.($5,000)
6. Covered Out door Locker area.($8,000)
7. Short term and Long term Bike Parking, ($5,000)
8. Tubular fence with 2’- 0” CMU.($3,000)
9. Chainlink fence.($3,000)
10. Sliding gates.($3,000)
11. Bar gate.($1,000)
12. Fire Access Road.($4,000)
13. Pedestrian Walkway.($4,000)
14. Covered Trash Enclosure.($3,000)
15. Bus stop Canopy.($3,000)
16. Dog run and Kennel area.($3,000)
17. Community Farm.($2,000)
18. Garden area.($2,000)
19. Parking lot.($15,000)
20. Stairs and ADA Ramps.($10,000)
b. Exit system and any occupancy or fire separation study.($10,000) c. Parking lot development plan with Handicap Parking,
EV Charging Station, Clean Air Veahicle Parking, Parking lot Lighting.($10,000) d. Handicap study for Parking, Path of Travel to the building and the site for ADA compliance.($5,000) e. Locate Solar Panel at the parking lot.($3,000)
f. Coordination with other consultants.($20,000)
2. Structural design and working drawing.($20,000 + $20,000=$40,000) (BASIS) (ADOC: 3/31/2022)
Structural design for Covered Locker area($3,000), Covered Long term Bike Parking($3,000), Parking ot lighting Base($2,000), Various Fences and the Gates($5,000), Elevated Courtyard Stairs, Ramps, Handrail, and Guardrail($7,000).
a. A
dditional Services:
Foundation Design and Calculation for all the
Shelter Units and Community Buildings. ($20,000)
3. Site Plumbing design and working drawing.($9,000) (EGI) (ADOC: 4/29/2022)
Domestic and Fire Water, Sewer, and Gas Line design and working drawing which will be connection ready for TBD Modular Vendor Building Clusters and Mobile Modular Buildings.($9,000)
CMC
EXHIBIT A-1, AMENDMENT 1, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC21-088
4. Site Electrical design and working drawing.($11,000) (EGI) (ADOC: 3/31/2022)
a. Electrical service coordination with utility company as required, including providing thr required power load calculations and layout per utility company requirements.($3,000) b. Site power distribution plans indicating power wiring layout for site to all buildings.($3,000) c. Site lighting design layout and distribution, including site LTG Title 24 calculations and photometric studies as required for plan check approval and construction.($3,000) d. Coordination with solar panel canopy at the parking lot.($2,000)
5. Landscaping design and working drawing.($20,000) (SQLA) (ADOC: 3/31/2022)
a. Landscaping design for the following areas: ($8,000)
1. Driveway entrance at First Street with arrival cul-de-sac.
2. Meandering walkway to building entrances in a park like setting.
3. Central courtyard ant office area.
4. Covered outdoor dining area off of cafeteria
5. Various amenities including dogrun/kennel area, gardens and a community edible garden along north perimeter.
b. Planting plan, Hydrozone plan, and details and specifications.($4,000) c. Irrigation plan with water calculation, details and specifications.($4,000) d. Hardscape plan including landscape lighting design.($4,000)
6. Civil design and working drawing. ($131,550+$89,250=$220,800) (KWC) (ADOC: 3/31/2022)
a. Clie nt meeting and coordination.($6,000)
b. Project Research, Base Mapping, and Coordination.($8,000) c. Site Plan Revision and Coordination.($4,000)
d. Utility Layout and Coordination.($4,500)
e. Field survey.($2,500)
f. Construction Document Meeting and Coordination.($15,000) g. Property Survey and Aerial Drone Topography.(6,500) h. Title company coordination.($1,000)
i. Grading and drainage plan including erosion control plan.($17.000) j. Final Hydrology calculation and the report. ($8,500) k. Water quality management plan. ($7,500)
l . Onsite water and sewer plan.($6,500)
m . Wastewater lift station manufacturer coordination.($3,500) n. Fire water improvement plan. ($4,800)
0. Onsite storm drain plan.($6,500)
p. Offsite utility improvement plan. ($5,250)
q. Dry utility coordination.($2,500)
r. Public street improvement plan for First and River street. ($14,000) s. Easement l egal documents and plats.($3,000)
t. Project maps and exhibits.($1,500)
u. Submittals and processing.($3,500)
v. Additional Services:
(a) Final Parcel Map ($29,000)
1) Project Research, Base Mapping and Easement Plotting.($3,190) 2) Final Parcel Map/Lot Line Adjustment.($16,620)
3) Final Map-Monumentation.($9,190)
(b) SWPPP and Related Engineering ($60,250)
1)
Additional Client/Agency Meetings and Coordination.($3,610) 2) Additional Grading Improvement Plan.($5,190)
3) Final Hydrology and Hydraurics Report.($1,870)
4) Water Quality Management P lan update/LID.($1,080)
5) Onsite Sewer and Water Plan.($1,630)
6) Wastewater Lift Station Manufacturer Coordination.($3,490) 7) Onsite Storm Drain Plan.($2,230)
8) Construction Surveying.($38,740)
9) Storm Water Pollution Prevention Plan(SWPPP) & NOI
Filing. ($2,410)
7. Mobile Modular design and working drawing.($15,000) (KITCHEN PRO / CMC) (ADOC: 3/31/2022)
a. Interior layout for 3 offices, Cafeteria, Kitchen, and Laundry buildings for Design Build Directives. ($5,000) (CMC)
b. Provide Mechanical, Plumbing and Electrical drawings for Kitchen.($5,000) (K PRO) c. Grease interceptor design for kitchen sewer discharge.($3,000) EXHIBIT A-1, AMENDMENT 1, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC21-088 (K PRO)
d. Construction drawing and details for Kitchen.($2,000) (K PRO)
8. Security System Design.($10,000) (NETWORK HELPER.NET) (ADOC: 3/31/2022)
a. Gate entry security system design.($1,000)
b. Building entry security system design.($1,000)
c. Room entry security system design.($1,000)
d. Outdoor security camera system design.($2,000)
e. Indoor security camers system design.($2,000)
f. Control Panel and Internet system design.($3,000)
9. City coordination($45,000) (CMC)
(ADOC: 4/30/2022)
a. Entitlement process.($15,000)
b. Plan submission for building permit.($5,000)
c. Plan check verification.($3,000)
d. Sign off from various city agencies.
1. Planning department.($5,000)
2. Building and safety.($5,000)
3. Fire department.($3,000)
4. Engineering department.($3,000)
5. Public works department.($3,000)
e. County Health Department approval for Cafeteria Building.($3,000)
10. Preparation of the construction Bid Package.($20,000) (CMC) (ADOC: 4/30/2022)
a. Put together all the construction plans and documents.($5,000) b. Preparation the Material and Performance Specification.($10,000) c. Preparation of the specific requirement for the bidder as directed by the client.($5,000)
11. Coordination with HCD to obtain any necessary approval / permits. ($10,000+20,000=$30,000) (CMC)
(ADOC: 4/14/2022)
a. HCD approval will be obtained by the vendor as part of the Design-Build contract.
However, CMC will provide any necessary coordination with the vendor for them to obtain the HCD approvasl/permit such as providing site specific information and code requirements.($10,000)
b. Additional Services:
Added coordination with Connect Homes and Urban Bloc. (20,000)
12. Construction Support ($30,000)(CMC)
(10 hours /week x 20 weeks = 200 hours x $150/hr = $30,000 ). (This service will be provided as needed base and the fee will be adjusted based on the actual time spent during construction)
(ADOC: During Construction)
a. Job Site Visit.
b. Shop Drawing review.
c. Respond to RFI.
d. Review and process change order.
e. Review and approve submittal for material sample.
f. Review and approve material substitution.
g. Coordination with contractor/subs for clarification. h. Review and approve payment application.
i. Coordination with client and contractor for changes made during construction.
13. Design, Working Drawing, and HCD approval process for Shelt
er Units and Community Buildings. ($193,372.80) (Connect Homes) (ADOC: 4/14/2022)
a. Basic Design and HCD Approval Services. ($114,400)
b. MEP + Sprinkler Design and HCD Approval Services. ($66,782.80)
14. Design, Working Drawing, and HCD approval process for Bathroom Units. ($12,190) (Connect Homes)
(ADOC: 4/14/2022)
EXHIBIT A-1, AMENDMENT 1, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC21-088
a. Basic Design and HCD Approval Services. ($12,190)
15. Carport Structure and Solar Panel Design, Working Drawing, City Approval process, and Coordination with Architect and MEP Engineer. ($30,000) (CALSOLA) (ADOC: 3/31/2022)
a. System selection and sizing.
b. Electrical Engineering and Design Drawing.
c. Carport Engineering and Design Drawing.
d. Structural Engineering and Design Drawing.
e. Specification and Submittal Sheets.
f. Design Coordination with MEP and Structural Engineers. g. Design Coordination with Architect and/or Developer. h. Plan Check Submission and Approval Process.
i. All Pre-Construction Meetings and Coordination.
B. Consultant’s and Sub Consultants’ Fee Breakdown
1. CMC (Architect):($250,000 + $20,000) $270,000
2. KWC (Civil Engineer):($131,550 + $89,250): $220,800
3. BASIS (Structural Engineer):($20,000 + $20,000): $40,000
4. EGI (Electrical/Plumbing Engineer): $20,000
5. SQLA (Landscape Architect): $20,000
6. Kitchen Professionals (Kitchen Designer): $10,000
7. Network Helper.Net (Security Designer): $10,000
8. Connect Homes(Modular Building Designer): $193,372.80
9. CALSOLA (Carport Structure and Solar Panel Design): $30,000 ------------------------------------------------------------------------------------------ Total: ($461,550 + $352,622.80) $814,172.80
EXHIBIT A-1, AMENDMENT 1, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC21-088
ATTACHME NT C
CONSULTANT/PROFESSIONAL
SERV ICES PROVIDE R
AGREEMENT
ATTACHMENT D
HOMEKEY AWARD LETTER
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
December 15, 2021
Keith C Metzler, City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
Dear Keith C Metzler:
RE: Award Announcement – Homekey Program
Notice of Funding Availability Fiscal Year 2021/2022, Round 2 City of Victorville – Victorville Wellness Center
Contract No. 21-HK-16925
The California Department of Housing and Community Development (Department) is pleased to announce that the City of Victorville, (Awardee) has been awarded a Homekey Round 2 award in the amount of $28,004,058. This letter constitutes notice of the designation of Homekey funds for the Awardee.
Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.
The Department intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A program representative will be in communication with you within a week to discuss and confirm any documents needed.
Congratulations on your successful application. For further information, please contact Jason Blair, Homekey Program Manager, Program Design and Implementation Branch, at, (916) 776-7671 or [email protected].
Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
ATTACHMENT E
WELLNESS CENTER SITE PLAN
AND RENDERINGS
Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: January 18, 2022
Submitted By:
Keith C. Metzler, City Manager
Subject:
Law Enforcement Contract #94-909-A-48 and Memorandum of Understanding (MOU) with the Adelanto Elementary School District (AESD) to Fund One (1) School Resource Officer (SRO)
Recommendation:
That Your Honorable City Council:
(1) Approve the Forty-Eighth Amendment to Law Enforcement Contract #94-909-A- 48 for the period of July 1, 2021 through June 30, 2022 and authorize the Mayor or her designee to process all documents required for this agreement; and (2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Adelanto Elementary School District (AESD) for one (1) School Resource Officer (SRO), and authorize the City Manager or his designee to process all documents required for the agreement.
Fiscal Impact:
This Amendment to Law Enforcement Contract #94-909-A-48 totals $32,565,157, an increase of $97,775 from the prior amendment. There is no additional funding needed from the City since AESD will reimburse the City for their respective share of costs for one (1) SRO at 100% in the Police Contract Services account 1002001-52300.
Background:
Since 1963, Victorville has contracted with the San Bernardino County Sheriff for law enforcement services. The Forty-Seventh Amendment to Law Enforcement Contract #94- 909-A-47 was approved by the City Council on April 20, 2021. In October of 2021, the AESD inquired of adding one (1) SRO at Mesa Linda Middle School. Since transitioning back to in-person learning, AESD referrals and suspensions have increased. Providing an SRO will provide additional supports to proactively support and maintain a safe and secure middle school campus. Although Mesa Linda Middle School is in Victorville city limits, this school is within the AESD. Currently, there are two (2) SRO’s assigned to the 2 3
6 4
Victor Valley Union High School District and three (3) assigned to the Victor Elementary School District.
Discussion:
The San Bernardino County Sheriff’s Department has provided the cost for this position in the amount of $97,775 for the period of March 1, 2022 through June 30, 2022. During the next fiscal year, the Schedule A will include the costs for this additional position for the entire year bringing the total count of SRO positions to six. AESD has agreed to fund this position at 100% of the cost. Furthermore, the San Bernardino County Board of Supervisors will need to approve this action for a position to be created by the Bureau of Administration at the Sheriff Headquarters once approved by the City Council.
On December 14, 2021, the AESD Board of Trustees approved the District to fund the SRO position at Mesa Linda Middle School. The attached MOU with AESD represents the officer working in and around the school to provide a safer learning environment. The MOU serves as the mechanism to gain reimbursement for the use of said services, and effectively offsetting the San Bernardino County Sheriff’s Contract. The MOU with AESD will pay 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy, the cost of one (1) Marked Unit and one (1) HT Radio in the amount of $97,775 for the remaining fiscal year.
Staff recommends that the Honorable City Council approve the Forty-Eighth Amendment to Law Enforcement Contract #94-909-A-48, authorize the Mayor or her designee to process all documents required for this agreement, approve the MOU by and between the City of Victorville and the AESD for one (1) SRO, and authorize the City Manager or his designee to process all documents required for the agreement. Staff remains available for any questions or comments you may have.
Attachments: A. Forty-Eighth Amendment to Law Enforcement Contract #94-909- A-48
B. Memorandum of Understanding with the Adelanto Elementary School District
Attachment A
Forty-Eighth Amendment to Law
Enforcement Contract #94-909-A-48
Standard Contract Page 1 of 4
TH
E INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Victorville
Contractor Representative Debra Jones, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2021 through 06/30/2022
Original Contract Amount $32,467,382
Amendment Amount $ 97,775
Total Contract Amount $32,565,157
Cost Center 4414551000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT No. 48
E
ffective March 1, 2022, Contract No. 94-909 to provide law enforcement service to the City of Victorville is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION, with the Schedule A attached hereto and incorporated by reference
E
xcept as amended, all other terms and conditions of this contract remain as stated therein.
Contract Number
94-909 A-48
SAP Number
N/A
Revised 5/12/21 Page 2 of 4
[With the exception of signatures, this page is intentionally left blank].
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Richard D. Luczak, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY
City of Victorville
(Print or type name of corporation, company, contractor, etc.)
By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name Debra Jones
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 14343 Civic Drive
Victorville, CA 92393
Revised 5/12/21 Page 3 of 4
SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2021-22
CHANGE: ADD 1 Deputy Sheriff (SRO), 1 Marked Unit, 1 HT Radio Effective 03-01-2022 FY 2021-22
COST
1 - Captain $ 432,454 1
2 - Lieutenant 696,060 1
10 - Sergeant 2,973,510 1
9 - Detective/Corporal 2,253,924 1
74 - Deputy Sheriff Tier 2 15,851,170 1
1 - Deputy Sheriff - K-9 Officer 232,624 1 6 - School Resource Officer (1 effective 03-01-22) 1,285,230 1 16 - Sheriff’s Service Specialist 1,407,840 1 1 - Supv Office Specialist 97,715 1
1 - Crime Analyst 129,601 1
1 - Secretary 80,985 1
10 - Office Specialist 807,220 1
41 - Marked Unit (1 Effective 03-01-22) 708,034 2 7 - Marked Unit - Slick Top 119,522 2
1 - Marked K-9 Unit 19,710 2
15 - Unmarked Unit 115,721 2
2 - Unmarked Unit (Non-Code 3) 11,290 2 3 - Command Staff Vehicle 29,891 2
11 - Pickup truck 88,743 2
1 - Citzen Patrol - Ford Escape 6,366 2 1 - Truck - Donated 1,622 3
1 - Truck - Grant Funded (Comm Only) 653 3 1 - Citizen Patrol Donated SUV (Equip & Comm Only) 1,622 3 Dispatch Services 1,569,787 1
Dispatch Services - City Code Enforcement / Animal Control 29,434 1 152 - HTs (Amortization, Access & Maintenance) 214,168 3 - Additional MDCs (Access Only) 1,661 7 - Additional MDCs 8,089
101 - Taser Replacement (Amortized over 5-years) 33,936 Administrative Support 148,100
Office Automation 413,657
Services & Supplies 162,000
Vehicle Insurance 409,599
Personnel Liability & Bonding 905,212
Workers' Comp Experience Modification 94,661 Law Enforcement Experience Modification 367,521 County Administrative Cost 944,618
Startup Cost (New Positions and Vehicles) 79,448 Cost for FY2021-22 $ 32,733,398 1
Credit Deputy Sheriff position & Vehicle Jul 2021 to Feb 2022 $ (168,241) Revised Cost for FY 2021-22 $ 32,565,157 1
Monthly Payment Schedule
$2,705,617
2nd through 8th payments due the 5th of each month: $2,705,615 9th through 12th payments due the 5th of each month: $2,730,058 1 2
3 LEVEL OF SERVICE
1st payment due July 15, 2021:
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.
Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.
No replacement cost is included for grant funded or donated vehicles.
Revised 5/12/21 Page 4 of 4
SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2021-22
Additional Costs Billed Quarterly:
The City will be billed on a quarterly basis for the following items:
• Increases to salaries and benefits resulting from Board of Supervisors-approved changes to Memorandums of Understanding with the County’s various employee organizations. • Actual overtime cost.
• Actual on-call cost (on call pay for safety employees for 2021-22 is $195 per week). • Actual cost of vehicle fuel, repair and maintenance, including the cost of collision repair. • Professional services from private vendors and other services, supplies and personnel costs above the contract formula.
LEVEL OF SERVICE SUMMARY
SAFETY: GENERAL:
Captain - 1.00 Sheriff’s Service Specialist - 16.00
Lieutenant - 2.00 Crime Analyst - 1.00
Sergeant - 10.00 Secretary I - 1.00
Detective/Corporal - 9.00 Supv Office Specialist - 1.00 Deputy Sheriff Tier 2 - 74.00 Office Specialist - 10.00 Deputy Sheriff- K-9 Officer - 1.00 Dispatchers - 13.58
School Resc Officer - 6.00 42.58
103.00
VEHICLES: DONATED VEHICLES LIST:
Marked Patrol Units - 41 Citizen Patrol - Jeep Patriot - 1 * Marked Patrol Units-Slick Top - 7 Ford E250 Van - 1 *
Marked Patrol Units- K9 SUV - 1 GMC Sierra Truck - 1 *
Unmarked Units - 15 Trailer - Universal - 1 *
Command Staff Units - 3 Trailer - Fast870 - 2 *
Unmarked Units Non-code - 2 Command Post - 1 *
Pickup Trucks - 11 7 *
Citizen Patrol - 1
Donated Vehicles-Ins Only - 7 *
88 * (Included for insurance costs only)
Attachment B
Memorandum of Understanding with the
Adelanto Elementary School District
A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE ADELANTO ELEMENTARY SCHOOL DISTRICT, hereinafter referred to as “DISTRICT” AGREEING TO THE
FUNDING OF ONE SCHOOL RESOURCE OFFICER
WHEREAS, the School Resource Officer (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,
WHEREAS, the description of General Duties for the SRO includes:
1. Enforcement of all criminal law violations on and around the school campus
2. Enforcement of all traffic laws on and around the school campus
3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)
4. Truancy prevention and enforcement program
5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,
WHEREAS, the SRO is of great benefit to the School and the student body by ensuring a safer crime-free school environment. This position is also beneficial to the Victorville Police Department. The SRO can establish and maintain crime prevention and community relation programs within the school. The SRO may be of unlimited benefit in identifying local gang members and other members of the student body who are involved in criminal activity outside the school. The SRO may be able to identify suspects and locate witnesses and informants to share potential valuable information, which may result in solving crime; and,
WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is first and foremost a uniformed law enf orcement officer charged with providing police services on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.
WHEREAS, the CITY, through its police department will assign one full-time sworn deputy to the DISTRICT. The sworn deputy will be fully trained and POST certified prior to being assigned to the SRO position. The SRO will spend 100 % of their time working in and around MESA LINDA MIDDLE SCHOOL, which is a part of the ADELANTO ELEMENTARY SCHOOL DISTRICT in the city of Victorville.
WHEREAS, the addition of the SRO at the school within the DISTRICT will be of invaluable assistance to the school, and the community as a whole, in providing a safer community and a higher quality learning environment. While at the same time, this pos ition will provide the police department with a means of creating a positive relationship with students and further enhancing the police department’s community policing efforts; and,
WHEREAS, the DISTRICT agrees to pay the cost of one (1) San Bernardino County Sheriff’s Deputy to be assigned to the DISTRICT to serve as SRO; and,
WHEREAS, the cost to provide said deputy and vehicle is $97,775
NOW, THEREFORE, the CITY and the DISTRICT agree as follows:
That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deput y, one marked unit (vehicle), HT radio, dispatch services, maintenance, administrative support, and supplies from March 1, 2022 through June 30, 2022.
Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.
The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.
The DISTRICT agrees to pay any moderate increases, or other monetary changes, that may occur during the term of the Agreement as a result of inflation or other changes in the personnel costs related to this deputy position.
This agreement shall commence March 1, 2022 and remain in effect until June 30, 2022.
APPROVED AND ADOPTED:
City of Victorville Adelanto Elementary School District Date: Date: