Victorville City Council
March 15, 2022

AMENDMENT NUMBER: THREE
TO

CONSULTANT/PROFESSIONAL SERVICES PROVIDER

AGREEMENT

BY AND BETWEEN

CITY OF VICTORVILLE
AND

NBS GOVERNMENT FINANCE GROUP
FOR

CITY-WIDE USER FEE STUDY, COST ALLOCATION PLAN

AND DEVELOPMENT IMPACT FEE STUDY,
PROJECT JM19-092

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 NBS Government Finance Group, 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

1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide City- wide User Fee Study, Updates to Cost Allocation Plan, and Development Impact Fee Study; and

2. WHEREAS, on or about October 14, 2020, Amendment One (1) was issued to the Original Agreement to amend Section 6., Term of Agreement to commence October 1, 2020 and expire October 2, 2021. Section 3., Compensation, cumulative not to exceed amount of $130,805.00, remained unchanged; and

3. WHEREAS, on or about August 14, 2022 Amendment Two (2) was issued to the Original Agreement to increase Section 3., Compensation, by $17,500, amending the total cumulative not to exceed sum from $130,805.00 to $148,305; and Section 4., Cost Proposal, was amended to include Amendment 2 Cost Proposal cost increase; and Section

6., Term of Agreement, was amended to expire June 30, 2022; and all references in the Original Agreement to “George Harris II, Deputy City Manager ” were amended and replaced with “Finance Director”; and

4. WHEREAS, it is the desire of the Parties to issue Amendment Three (3) to the Original Agreement to amend Section 2., Scope of Services, to include added services; increase Consultant/Professional Services Provider Agreement/NBS Government Finance Group/Project JM19- 092/Amendment 3

Section 3., Compensation, by $24,798.00, amending the total cumulative not to exceed sum from $148,305 to $173,103.00; and revise Section 4., Cost Proposal to include the additional services as set forth in the Consultant’s Proposal; and

5. 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.

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 Consultant’s Proposal dated March 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 One Hundred Seventy-Three Thousand One Hundred Three and 00/100 dollars ($173,103.00) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”

Section 4. – COST PROPOSAL - is amended as follows:

“The City shall pay Consult ant for the added services as set forth in Amendment 3 Consultant’s Cost Proposal dated March 4, 2022 , attached hereto as Exhibit “A-1”, Amendment 3, and incorporated as part of this Agreement by this reference.”

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/NBS Government Finance Group/Project JM19- 092/Amendment 3

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 NBS GOVERNMENT FINANCE
GROUP

By:_______________________________ By:________________________________ Debra Jones, Michael Rentner,
Mayor President

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:_____________________________

32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
www.nbsgov.com

March 4, 2022
Jenele Davidson
Deputy City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
RE: Request for Amendment to Project JM 19-092, for a Citywide User Fee Study, Cost Allocation Plan and Development Impact Fee Study
Dear Jenelle:

The following is a summary of project status and a request for additional professional fees for the City’s consideration. We thank the City kindly for consideration of this matter.

This project initiated in October of 2019 and was originally planned to be completed around March of 2020. We had good momentum on the project, followed by an unfortunate one year or more of delays due to the pandemic. The good news is, as of today, we have issued final or close to final deliverables for all three studies and are headed into the implementation phase for the fee analyses.

CITYWIDE USER FEE STUDY
By the end of February 2021, we had exhausted the time and professional fees from our original project budget. We requested and were authorized additional funds in the amount of $15,000 to re-start the project after a year of pandemic related delays. The table on the following provides a breakdown of the status of each task from our original proposal and total amended project cost to date. As shown, the $15,000 amendment was applied toward restarting the project and completion of core tasks necessary to produce the draft final report document.

Comprehensive User Fee Study
1 - Commencement and Data Collection $670 $0 $670
2 - Fee Structure Design $9,080 $0 $9,080
3 - Time Study $4,540 $19,540
4 - Time Valuation $3,200 $3,200
5 - Cost of Service Analysis $4,540 $4,540
6 - Draft Review and Revision $2,530 $2,530
7 - Conduct Comparative Fee Survey $4,285 $4,285
8 - Recommended Pricing Analysis $2,900 $0 $2,900
9 - Final Report $3,200 $0 $3,200
10 - Presentations and Implementation $1,900 $0 $1,900
Comprehensive User Fee Study TOTAL $36,845 $15,000 $51,845 Tasks ORIGINAL
BUDGET

AMENDED
BUDGET

TOTAL AS
OF 2/23/22
$15,000
EXHIBIT "A-1", AMENDMENT 3, PROJECT JM19-092

To date we have invoiced 100% of our professional fees and there are still a few tasks remaining for the implementation process. We want to ensure a solid implementation process for the City and at the same time we find ourselves exceeding our budget in terms of professional fees. We request the following professional fees be added to the contract ceiling for purposes of finishing the project:
• Up to $2,100 for completion of Task 8
• Up to $1,000 for completion of Task 9
• Up to $3,000 for completion of Task 10. Task 10 originally included attendance at one (1) city Council hearing to adopt the Study. However, the City is requesting our attendance at two (2) meetings with the local development community or other interested parties that will participate in review and comment to the Draft Final Report, and up to two (2) City Council meetings for workshop and public hearing attendance. The City has indicated a preference for NBS to attend all meetings remotely utilizing videoconference platforms. Our professional fees for this service are:
$750 per meeting for a total of $3,000.
• Total not to exceed $6,100

The City may also want to consider the following optional service at this time, based on how the review of the final report and shaping of the desired implementation process is developing:
• Development of a well formatted Master Fee Schedule document, which includes all City fees in a nicely formatted document for City Council’s adoption and subsequent use by staff and public. Up to $5,000.

We recommend that any additional fees authorized be established as a not to exceed maximum so that we can charge for time only as needed and do our best to come in under that ceiling.

COST ALLOCATION PLAN
This project has been completed for several months already, and no additional services are needed at this time.

DEVELOPMENT IMPACT FEE STUDY
We issued the initial Draft Final Report deliverable for the City’s Development Impact Fee Study in November of 2021. Since then we have completed two rounds of comprehensive review and edit of that Draft with City staff. We issued revised versions on February 11, 2022 and March 4, 2022.

As shown in the table below, our original agreement included $59,770 in professional fees for time needed to complete the project., plus $5,000 in as needed travel expenses. There was also an option to complete GIS type services as needed for $12,000, which we never moved forward with.

EXHIBIT "A-1", AMENDMENT 3, PROJECT JM19-092

To date we have invoiced 100% of our professional fees and are holding costs associated with time spent of approximately 47 hours of professional time for report production, discussion, and edit. We believe this over-run is a result of the delays caused to the project by the pandemic, as we had good momentum, followed by almost one year of inactivity, and then had to restart the project.

We request the following professional fees be added to the contract ceiling for purposes of finishing the project:
• $7,698 for professional time spent to date that is un-invoiced due to exceeding original budget • Up to $3,000 in “as needed” professional time for finalizing the report, responding to stakeholder questions, etc.
• Up to two (2) meetings with the local development community or other interested parties that will participate in review and comment to the Draft Final Report, and up to two (2) City Council meetings for workshop and public hearing attendance. The City has indicated a preference for NBS to attend all meetings remotely utilizing videoconference platforms. Our professional fees for this service are: $750 per meeting for a total of $3,000.

The total additional professional fees for the Impact Fee Study requested amounts to $13,698.

PROJECT COST DETAIL Consultant Labor (Hours) Grand Totals City of Victorville NBS Joe NBS Consultant Consultant Task Plan Director Colgan Analysts Labor (Hours) Costs ($) Hourly Rate $205 $150 $130

DEVELOPMENT IMPACT FEE STUDY
Task 1. Kickoff Meeting/Project Initiation 4 10 - 14 $2,320 (Optional). Compile Estimates of Task 2A. Development from GIS Files (See Below) Task 2B. Prepare Development Data Tables
for the Spreadsheet Model
8 48 - 56 $8,840
Facili ty Needs Analysis and Cost Task 3A. Estimates (Excluding Roadways) 10 24 - 34 $5,650 Facili ty Needs Analysis and Cost Task 3B. Estimates (Roadways) 4 32 - 36 $5,620 Task 4. Impact Fee Analysis 16 60 - 76 $12,280 Task 5. Comparative Fee Survey 4 2 16 22 $3,200 Task 6. Draft and Final Reports 12 72 4 88 $13,780 Task 7. Project Coordination and Meetings 16 32 - 48 $8,080 Travel Expenses for Meetings $5,000
Subtotal Tasks 1 through 7 (Excluding Task 2A) 74.0 280.0 20.0 374 $64,770 Optional Cost for Task 2A $12,000
TOTAL 74.0 280.0 20.0 374.0 $ 76,770
Financial
EXHIBIT "A-1", AMENDMENT 3, PROJECT JM19-092

Thank you again for the opportunity to revisit the status and budget for this important and nearly completed project. While this letter includes our thoughts about professional time and fees needed to conclude the project, we are also flexible to discuss the level of service required from the City’s perspective, as well budgetary constraints, and/or contract limits.

Sincerely,
Nicole Kissam
Director
EXHIBIT "A-1", AMENDMENT 3, PROJECT JM19-092
Item Number: 27
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Jenele Davidson, Deputy City Manager
Joseph Slegers, Building Official

Subject:

Consultant/Professional Services Provider Agreement with T.R. Design Group, Inc.

Recommendation:

The Honorable City Council approve the Consultant/Professional Services Provider Agreement with T.R. Design Group, Inc. in the amount of $82,262.50 to develop a conceptual design for library services at the Green Tree Golf Course Clubhouse.

Fiscal Impact:

Acting in accordance with the staff recommendation will result in an expenditure of $82,262.50 to complete Phase A of the project (Attachment A). No additional appropriation is required. The funding for this project was appropriated by the City Council as part of the Fiscal Year 2021/2022 budget under the following account as part of the Measure P fund:
Measure P, Contract Services (1056030-52300) - $375,000.00 Background:

The Library Master Plan was previously adopted by the City Council on April 20, 2021.

The Master Plan recommended that the City move toward providing 0.50 square feet per capita, with the ultimate goal of 73,200 sq. ft. of library facilities within 20 years. The Master Plan consultants recommended a phased approach to reach this square footage of library space and provided phasing options under a Single Library Scenario or a Two Library Scenario. Under the Single Library Scenario, it was recommended to temporarily lease an interim library space of 20,000 sq. ft. to 25,000 sq. ft. (see Attachment B).

In May 2021, space became available at the Green Tree Golf Course Clubhouse (Clubhouse), prompting staff to investigate the potential for relocating the City Library to the Clubhouse in lieu of a leased space option.
2 4
7 8
Discussion:

Staff requested $375,000 in the Fiscal Year 2021/2022 budget to analyze the potential relocation the City's library per the recommendations of the Master Plan. Very soon after the Master Plan was completed, space at the Clubhouse was vacated by the former tenant and staff began exploring the potential of repurposing the city-owned facility to be used in lieu of a leased location. The Clubhouse location was consistent with certain Master Plan recommendations in that it is centrally located, has natural lighting desired for library facilities, and has an improved outdoor area for programming and use by library patrons. Additionally, by relocating the library to a city-owned facility, the City would maintain control of the ability to make modifications and tenant improvements to meet the structural needs of the library and would not incur the cost of leasing a space.

Through the Master Plan process, it was determined that the current library facility has inadequate space to serve the City’s current population. The current library facility has a footprint of 8,229 sq. ft. The City needs approximately 14,990 sq. ft. to serve the current population. The Clubhouse’s current footprint consists of approximately 10,023 sq. ft. that would be available for library use, plus outdoor space that could be utilized in addition to adequate space on the property for a potential expansion.

To select a qualified consultant for this project, a Request for Proposal (RFP) solicitation process was conducted in accordance with V.M.C. 2.28.280, seeking a conceptual re- design of the Clubhouse to accommodate library services. The project entails providing a floor plan that demonstrates how the current level of library services and golf operations can be accommodated within the existing building footprint, with the potential for expansion. The RFP also included an optional Phase B, which would consist of the contractor providing a complete set of plans for implementing Phase A should the City decide to move forward.

The RFP was issued on September 13, 2021, with a due date of October 29, 2021. The RFP was posted on the City's website, advertised on Ebidboards.com and published in the newspaper. Four (4) proposals were received and reviewed by a selection committee consisting of six (6) representatives from the Recreation & Library, Building, and City Manager departments. The following provides a summary of the rankings based on the individual scoring by committee members utilizing the selection criteria and point system that was outlined in the RFP:

Committee Member: 1 2 3 4 5 6
T.R. Design Group 78 88 72 72 66 62
CHU-Gooding/Godfrey & Assoc. 76 79 69 69 69 61
Noll & Tam 67 80 76 67 49 68
MOA Architects 30 46 65 57 40 36
Based on the scoring selection criteria, T.R. Design Group was determined to be the most qualified firm.
2 4
7 8
Staff interviewed with T.R. Design Group on January 10, 2022, and the firm adequately addressed all staff questions at that time. Staff believes this firm will meet project expectations due to relevant project experience having previously completed library remodels and expansion projects, including the Woodcrest Library Expansion & Renovation; Moreno Valley Iris Branch Library; Trona Library Renovation; and three Riverside County Library facilities. T.R. Design also has experience collocating library and park services in a central building, allowing for creative space for City functions.

Staff recommends that the City Council approve the Consultant/Professional Services Provider Agreement with T.R. Design Group, Inc. in the amount of $82,262.50 to develop a conceptual design for library services at the Green Tree Golf Course Clubhouse.

Staff is available for questions.

Attachments: A. Consultant Agreement
B. Library Master Plan – Library Facility Options

ATTACHMENT A

1 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
TR DESIGN GROUP, INC.

FOR

GREEN TREE CLUBHOUSE LIBRARY RELOCATION, PHASE A
PROJECT CC22-037

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 TR Design Group, Inc., 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 Green Tree Clubhouse Library Relocation, Phase A; and

WHEREAS, Consultant represents that it is 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, Green Tree Clubhouse Library Relocation, Phase A; 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.

Section 3. COMPENSATION

The City shall pay to Consultant a sum not to exceed Eighty-two Thousand Two Hundred Sixty- two and 50/100 Dollars ($82,262.50) for satisfactory performance of the 2 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. 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 Exhib it “B”, 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 A greement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. COST PROPOSAL

The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” 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 commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring Sixty (60) Calendar Days from the Commencement Date (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.

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 Consult ant or any employee or agent of Consultant . Both P arties 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.
3 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

(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 any 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 one year 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.

(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.

(5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City -owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedur al requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.

(8) 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.

4 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

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

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 similar 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 Eddie Gleason, Facilities Manager, or his designee.

b. By executing this Agreement, Consultant warrants that it:

(1) Has thoroughly investigated and considered the services and work to be performed;

(2) Has investigated the issues regarding the scope of services to be provided;

(3) Has carefully considered how the services and related work should be performed; and

(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 differi ng 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 Eddie Gleason, Facilities Manager, or his designee.

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 perfo rmance of services under this Agreement, no officer, employee or agent of Consultant having such interest 5 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Polit ical 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 I nitial Term of this Agreement (and during the Option Period, if applicable) , Commercial 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 shall 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 damage, 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 I nitial 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 Californi a 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

a. 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 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 mini mum limit of $1,000,000 per claim and in the aggregate must be provided.

6 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

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 ins urance 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 Cit y 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 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.
7 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

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 s uch 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 indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), 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”) , 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 Indemnitees.

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, the City Indemnitees shall be limited to the extent that any Claims to the extent caused by the negligence, recklessness, or willful misconduct of the Consultant, its officers, employees or subconsultants in the performance of the services described in this Agreement. Consultant does not have a duty to defend City.

(2) In no event shall the costs of def ense 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 Indemnitees.

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 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.

8 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

d. The obligation to indemnify, 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 Eddie Gleason, Facilities Manager, or his 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 Eddie Gleason, Facilities Manager, or his 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. Eddie Gleason, Facilities Manager, or his 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 Eddie Gleason, Facilities Manager, or his 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 Eddie Gleason, Facilities Manager, or his designee, 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 Eddie Gleason, Facilities Manager, or his designee, or as required by applicable law.

d. All or iginal 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 t o the City upon the completion of Consultant’s services or when requested by Eddie Gleason, 9 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

Facilities Manager, or his 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. Thomas Riggle, President , 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. Eddie Gleason, Facilities Manager, or his 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 I nitial 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 Green Tree Clubhouse Library Relocation, Phase A, but which the Parties did not reasonably anti cipate 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 Agreement s, 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.

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 agains t either of them. 10 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

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 Exhibit “B” is 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 Exhibit “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “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: Eddie Gleason, Facilities Manager
Building Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Thomas Riggle, President
TR Design Group, Inc.
2900 Adams St., Ste A400
Riverside, CA 92504

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.

Section 35. WAIVER

a. No waiver shall be binding unless executed in writing by the Party making the waiver.
11 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

b. No waiver of any provision 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 P arty 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 identifi cation 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 Agreemen t 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.

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.
12 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

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 Agreeme nt; 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. Del ay 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 defaul t 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 sui t or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

13 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

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 PERSONS

EXECUTING AGREEMENT

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 P arties 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)

14 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE TR DESIGN GROUP, INC.

By:______________________________ By:_____________________________ Debra Jones, Thomas Riggle,
Mayor President

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:__________________________

15 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

EXHIBIT A

SCOPE OF SERVICES

City agrees to engage Consultant and Consultant agrees to furnish all necessary labor, tools, materials, equipment for and to do the Work for the Project. The Work shall be performed (i) as generally described in the Request for Proposal, Project CC22 -037, and any applicable addenda, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk); and (ii) the prices set forth in Consultant’s, Phase A Proposal (attached as Exhibit "B.

16 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

SCOPE OF SERVICES-PHASE A

Phase A : Conceptual re- design of the existing Green Tree Golf Course clubhouse to accommodate a City-operated library, while still also accommodating the existing pro shop and an associated bar and snack area. This initial phase will include only a floor plan concept that demonstrates how it will incorporate all current functions of the Victorville Library as well as the existing golf operation. The design should keep the following goals in mind:

1. Adequate space should be provided for all uses and programs cur rently accommodated at the City’s library including, but not limited to, administrative space for staff, comparable space for the Friends of the Library, processing of passports, book stack areas, computer stations, areas to conduct children’s literacy programs, etc.

2. Where possible, the design should also consider the City’s Library Master Plan and incorporate any suggested features that can be incorporated within existing spaces. Examples of this would be intelligent lockers for after -hours pickup of materials, study/meeting rooms, and the possible use of the existing outdoor patio and other outdoor areas for programs or other passive uses.

3. The pro shop area will be reconfigured to incorporate a bar with a limited food menu of mainly pre-packaged foods. Currently these two areas are segregated at the south end of the building and the new configuration should provide a more open concept where there is good flow between the pro shop and bar area.

4. Every effort should be made to accommodate the above -mentioned uses within the existing envelope of the clubhouse, if possible.

5. Structural modifications to the building should be avoided in the design where possible unless necessary to accommodate the desired layout.

Once provided, the conceptual floor plan will be subject to review by City staff, such as members of the Library and Building Department staff, and other stakeholders such as the pro shop operators who manage the existing golf operation. Feedback regarding functionality and code compliance will then be provided in a cooperative setting and revisions based on this feedback should be anticipated. Once all parties involved agree on the layout, we will move into Phase B.

17 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

EXHIBIT B

PHASE A -COST PROPOSAL

See Attachment

TR DESIGN GROUP, INC.
951-742-7179
951-742-7178
[email protected]

THOMAS RIGGLE

PRESIDENT
10/22/21

THOMAS RIGGLE

FOR THE CONCEPTUAL DESIGN WHETHER OR NOT IT INCLUDES AN

EXPANSION TO THE BUILDING

AN EXPANSION TO THE BUILDING
FOR THE PROJECT BASED ON 1ST FLOOR MODIFICATIONS, NO

STRUCTURAL UPGRADES AND NO EXPANSION BEYOND SOMETHING
SIMILAR TO OUR CONCEPT PRESENTED.

FOR AND EXPANSION OF UP TO 1,000 S.F. AND NO STRUCTURAL UPGRADES TO THE EXISTING BUILDING.

An Additional
89,250
82,262.50
383,639.98
465,902.48
TOTAL PHASES A + B
(INCLUDES OPTIONAL PROJECT MANAGEMENT SERVICES)
1/7/22

REVISED

EXHIBIT B
18Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037

ATTACHMENT B

Section 8: RecommendationsApril 14, 2021
Section 8 A Library Master Plan Recommendations for the City of Victorville page 8.5 prepared by Viable Library System Facility Options for Victorville For purposes of evaluating library service expansion in Victorville, the Consultants devised a Single Library Scenario and a Two Library Scenario, as follows: The Single Library Scenario begins with continuing to operate the existing 8,229 square foot City Library in Old Town, transitions to an interim leased library space for a time, then morphs into a single Central Library housing 73,200 square feet within 20 years. Phase One. Lease space in a vacant big box store and retrofit it to become a modern library. Operating library square footage: 8,229. Phase Two. Move the City Library to the new leased location and close the Old Town Library. Cumulative library square footage: 20,000 to 25,000, depending on availability of existing lease space. Phase Three. Plan, program, design, and construct a new Central Library. Phase Four. Terminate the big box lease and move into the new Central Library. Cumulative library square footage: 73,200. Based on the year 2040 population projection for Victorville of 142,548, library square feet per capita would be 0.51. A Two Library Scenario begins with continuing to operate the existing 8,229 square foot City Library in Old Town, transitions to new 35,000 square foot Central Library for a time, renovates the Old Town Library, then operates two libraries, and eventually expands the Central Library to 73,200 square foot within 20 years. Phase One. Begin planning a new 35,000 square foot Central Library, with planned expansion to 73,200. Cumulative library square footage: 8,229. Phase Two. Move into the new Central Library and renovate the existing library. Cumulative library square footage: 35,000. Phase Three. Move back into the newly renovated Old Town Library and begin planning the expansion of the Central Library. Cumulative library square footage: 43,229. Phase Four. Expand the Central Library to 73,200 and move in. Cumulative library square footage: 81,429. Based on the year 2040 population projection for Victorville of 142,548, library square feet per capita would be 0.57.

Example of a modern public library with a variety of seating options & abundant natural light.

Item Number: 28
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Jenele Davidson, Deputy City Manager

Subject:

Building Forward: Library Infrastructure Grant Program
Recommendation:

That the Honorable City Council adopt Resolution No. 22-024, authorizing the City Manager or his designee to apply, accept and execute grant funds for the Building Forward Library Infrastructure Program Grant from the California State Library.

Fiscal Impact:

There is no fiscal impact associated with this item. If the City is successful in securing grant funding, staff will bring a subsequent item before the City Council to appropriate grant funds.

Background:

The Budget Act of 2021 (SB 129) allocated $439 million in one-time funds to the California State Library to address the life-safety and critical maintenance needs of public library facilities throughout California. This competitive grant program prioritizes funding for projects addressing life safety and other critical maintenance needs, and local library facilities located in high-poverty areas of the state. The maximum grant amount per library facility is $10 million. Matching funds are required on a dollar-for-dollar basis, but applicants can apply for a reduction to the required match based on the Local Operating Income Per Capita (LIPC). The LIPC for the City of Victorville (City) is such that a Match Reduction Justification Request will be submitted as part of the application.

Awards are expected to be announced in Spring 2022 and funds must be fully expended by March 31, 2026. Applications not funded in the first round will automatically be considered for future rounds of funding.
2 4
7 7
Discussion:

The City is pursuing the relocation of the Victorville City Library from 15011 Circle Drive to 14144 Green Tree Blvd. The Building Forward Grant is currently soliciting applications from any California Public Library with priority given to projects serving a high poverty area. This grant provides an opportunity for the City to fund the construction/remodeling that would be associated with the relocation of the Victorville City Library, and potentially acquire funds to expand the square footage of the building at 14144 Green Tree Blvd to better accommodate Library Services per recommendations from the Library Master Plan.

The Community Services Advisory Committee (CSAC) reviewed the Grant application at the February 28 th meeting in which they provided feedback and support for the City to pursue this grant opportunity. The due date for applying under the first round of grant funding through the California State Library is March 21, 2022.

Resolution No. 22-024 authorizes the City Manager or his designee to apply for the grant on behalf of the City, execute all documents associated with the application and execution of grant funds, if awarded (Attachment A). The draft application is included in Attachment A as Exhibit A to Resolution No. 22-024.

Staff recommends that the City Council adopt Resolution No. 22-024, authorizing the City Manager or his designee to apply, accept and execute grant funds for the Building Forward Library Infrastructure Program Grant from the California State Library.

Staff is available for questions.

Attachments: A. Resolution No. 22-024
Attachment A
RESOLUTION NO. 22-024
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION OF THE

GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET
ACT OF 2021 (SB 129)
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of Victorville (“City”) is committed to impro ving library services and facilities for Victorville residents; and
WHEREAS, the City proposes to implement the Green Tree Library project; and WHEREAS, the City has the legal authority and is auth orized to enter into a funding agreement with the State of California; and
WHEREAS, The City intends to apply for grant funding from the California State Library for the Green Tree Library project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, WITH ACKOWLEDGMENT OF THE LIBRARY BOARD OF TRUSTEES, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library (attached hereto and incorporated by this reference as Exhibit A), and take such other actions necessary or appropriate to obtain grant funding.

Section 2. The City Manager or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto if a grant is awarded.

Section 3. The City Manager or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

Section 4. The City cer tifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws and, that prior to commen cement of the project, all applicable permits will have been obtained.

Section 5. The recitals set forth above are true and correct and are hereby incorporated in their entirety as part of this Resolution by this reference.

Section 6. The City Manager or designee is authorized and directed to apply for the Building Forward Library Infrastructure Program grant opportunity and execute all documents associated with the grant application.

Section 7. The City Clerk shall certify to the adoption of this Resolution.

Section 8. This Resolution shall take effect immediately upon its adoption.

Exhibit A
Building Forward: Library Infrastructure Grant Program
Part 1 Basic Information
Project Information

1. Project Title: Green Tree Library

2. Project Summary: The renovation and expansion of a City-owned facility to relocate the Victorville City Library.

3. Requested Grant Amount: $9,876,594
L
ibrary Information

1. Library Jurisdiction: Victorville City Library

2. Name of Library Facility: Green Tree Library

3. Facility Address: 14144 Green Tree Blvd

4. City: Victorville

5. S tate : CA

6. Zip Code: 92395

7. Is the Facility Leased? No
P
roject Contact

1. Name: George Carter

2. Title: City Librarian

3. Email Address: [email protected]

4. Phone Number: 760-955-4167
Part 2 Project Detail & Implementation
D
etailed Project Information
Please tell us more about your project, how you plan to implement it, and the impact it will have.

1. Project Description *
2 . Project Status
• Pre-planning
• Planning in Process
• Planning is Complete but awaiting approval and or permits • Shovel ready or already in progress
3 . List and describe the roles of all consultants involved in this project , such as planning, construction, contractors, and project management.

If not yet contracted, briefly detail your plan and timeline to solicit and select consultants. *
Design consultan ts are being evaluated to design and manage the project, including planning, construction, and contractors. Consultants will coordinate with City staff at all levels, including Building Department, Facilities, and the Library.

4. Briefly describe past relevant capital improvements to the facility, including the year completed. *
The building the City Library currently occupies at 15011 Circle Drive was constructed in 1971 and has received minimum capital improvements since the City assume d control of the bui lding from San Bernardino County in 2006. The Library installed new carpet in 2018 and added ADA entry doors in 2020. The current Library building is aged and resides in a less accessible area of the City. The Library will use the grant, if awarded, to relocate the Library to a newer facility owned by the City and recently vacated by its commercial tenant. The newer facility was constructed in 2008 and is located at 14144 Green Tree Blvd. but will require renovation to accommodate Library functions. The Green Tree location is more centrally located as recommended by the Library Master Plan (Section 8, Recommendations, page. 8.3.) and more visible to the public. It remains adjacent to the community located at 15011 Circle Drive.

We believe relocating the City Library to this newer facility will be more cost -effective and accomplish more priorities than renovating or expanding our current space. In our Library Master Plan, our consultants estimated the cost of remodeling and expanding our existing building at $15,020,269 (Library Master Plan, Executive Summary, page 17).

5. How will your project address conditions that negatively impact your Library's ability to deliver needed services? *
Our project aims to tackle safety and critical infrastructure priorities that negatively impact our ability to deliver needed service s. These priorities were identified by the Library Master Plan completed in 2021, including several safety issues. For example, our current building does not have a sprinkler system, has low visibility, and attracts repeating vandalism to our building and the Friends of the Library storage facility.

Our most important priority with this project is to increase our physical footprint. 15011 Circle Drive currently provides 8,229 square feet for the City's current population, creating a severe space deficiency. Our Master Plan recommends that the City should work toward providing 0.50 square feet per capita of library space for its residents (Library Master Plan, Section 8, Recommendations, page 8.7). At 0.06 square feet per capita, VCL has approximately one-tenth of that standard minimum. In practical terms, VCL is last in total square feet of Library space and Library space per capita among California Library Districts.

To perform the functions VCL does typically – without adding any new or trending functions, programs, or services – the Library should have 14,990 sq. ft. This equates to 6,761 more sq. ft., or 82% more space than currently available to our Library. The Victorville City Library facility does not provide enough space to support good Public Library practices. Hence, it cannot support good Library service delivery for a city as large as Victorville (Library Master Plan, Section 7, Summary of Needs, page. 7.7). The Green Tree facility currently offers 10,023 sq. ft., or rather an additional 1,794 sq. ft. With the estimated construction cost , estimate suggests a potential expansion of up to 6,475 sq. ft to the Green Tree facility. By relocating and expanding our Library would nearly double from our current location with 8,229 sq. ft. to 16,498 sq. ft. This would constitute an incredible step forward to improving the safety and security of patrons visiting the Victorivlle City Library.

Our second priority is accessibility in terms of the building's location. It remains difficult for many of our residents to access 15011 Circle Drive due to its location and the surrounding infrastructure. Additionally, the current location is no longer considered central to the City. Many residents have noted they prefer to visit neighboring County Libraries rather than visit our site at Circle Drive. When the Circle Drive facility opened in 1971, it was adjacent to a thriving business park, and direct access to our building was via a road built and maintained by that business park. However, no businesses remain in the adjacent business park. The owners have allowed the buildings to deteriorate, and the road is in disrepair (See attachment 2, the photo shows the k-rail and parts of the deteriorated road). City officials have explored several solutions to address the road accessibility issue but repairing the private road presents several hurdles, including annexing the road, liability, and costs. As it stands, several K-rails have been put in place to discourage residents from using the road. As a result, residents must use alternate routes leading to the east or rear entrance or the north and side entrance of the Library's parking lot. This creates problems for our residents who rely on public transportation. There are two Bus Stops available to patrons using public transit. Both Stops are located on 7th Street. From 7th Street, the only direct access to the Library is through Circle Drive. This road provides no sidewalks and is difficult to traverse for even the most physically capable people. The road known as Circle Drive has become a dangerous barrier for all patrons, especially elderly patrons and patrons with disabilities. While the City does provide signage to direct patrons to the appropriate routes leading to the Library's east and north entrances, this is rarely a deterrent for non-dr iving patrons who will always prefer the shortest route to any location.

Our third priority is safety and aesthetics. We surveyed current residents about their perception of t
he Library 's location at 15011 Circle Drive. We consistently received feedback indicating many residents choose not to go to our Library because they don' t feel safe at that location or because the area and building appear unsafe based on its aesthetics; both issues strongly correlate to each other (Library Mas ter Plan, Appendix 5.1 Stakeholder Interviews Questions & Responses). The building's age and current location make it difficult to correct these priorities. Wh ile on-site during the Master Plan, the Consultants performed a physical evaluation of the existing building. While they found the building is well-maintained for the most part, it rated 3.47 on a 5.00 scale, equating to $816,574 (2021 dollars) in remedial work and repairs needed to bring the physical plant and site up to a modern Library baseline. That does not include adding any space, and it does not fix its location, environment, access via a private road, the aesthetics of the building, or its perception of being unsafe. This estimate also does not include adding additional safety features such as a sprinkler system or HVAC air filtering improvement. Further, any additions to this building would require asbestos and lead paint abatement and possibly seismic retrofits. The building is aesthetically and structurally all that it will ever be and has outlived its usefulness as a a safe modern Public Library for the residents of Victorville.

With the onset of the pandemic, V CL remained closed longer than many other Libraries due to its space deficiency and the increased risk that operating out of such an enclosed space posed both to staff and Library patrons. As the Library resumed in-pe rson operations in June 2021, programming space has become even more of a safety concern. To keep patrons and the public safe, programming and seats are limited to maintain safe distance and overcrowding. Our Library would also prefer to add self-check stations as an additional tool in aiding accessibility and safety; however, our interior infrastructure and space limitations have continued to stall this feature in our current building. Our space deficiency coupled with pandemic era safety protocols means even fewer people can utilize the Library Services that remain vital to the health and well-being of our community (Library Master Plan, Section 2, The Modern Public Library, page. 2.1).

The relocation of our Library Services to the Green Tree location will address the priorities and safety concerns noted in this application. Additionally, it will provide our residents with more space, more accessibility, and a safer, aesthetically pleasing environment. The new facility has a sprinkler system and does not contain asbestos or lead paint. All the noted priorities will allow us to deliver Library Services safely and effectively to more people.

6. Describe how your project contributes to sustainability, inclusive access, and/or the ability of the facility to adapt to evolving needs. * Our project is unique because we have a reasonably new, vacant building that can be designed and remodeled with sustainability, inclusive access, and adaptability in mind. Our new Library ’s proposed location will allow us to include sustainable designs and modular elements wherever possible to increase our ability to adapt Library spaces and services as needed. Most importantly , our Master Plan has recommended shelving that i mproves accessibility and circulation (Library Master Plan, Section 2, The Modern Public Library, page. 2.9) . Our Library will incorporate shelves no higher than eye level and leave bottom shelves empty to eliminate accessibility issues related to reaching and bending to retrieve materials. Our new building will offer multiple stall restrooms , whereas our current building incorporates only two single-use restrooms. Incorporating new digital way finders will play heavily into our designs to assist the overall accessibility of the facility. We will also be ex ploring as many accessibility options as available to us in the design planning phase, in
cluding various sustainability elements and goals outlined in our Library Master Plan (Library Master Plan, Section 8, Recommendations, Goal G, page. 16).

Project Implementation

1. Please use the Project Implementation Form to outline the steps you will take to implement your project, including approximate start and end dates. The Project Implementation template can be found online:
https://www.library.ca.gov/grants/buildingforward
Supporting Documentation

1. This is your opportunity to show us what the project is and why it is needed. This may include photos, video, reports, planning documents, etc. No more than 3 supporting documents will be accepted.

Attachments: Library Master Plan and 2 Photos.
15011 Circl Drive 14144 Green Tree Blvd.

Part 3 Budget and Funding

1. Total Project Budget (including grant, match, and additional funding) $10,251,594 (Grant 9,876,594, City contribution $375,000)

2. Project Budget
Organization: City of Victorville
Project Title: Green Tree Library
Facility: Green Tree Library
Project Budget
Detail the planned project expenditures within the categories below. If requesting a match reduction, create your budget based upon your request. Match requests are not guaranteed. You may be asked to revise your budget accordingly.

Budget Category Building Forward Funds
Applicant
Funds
(Including
Match)
Other
Funding
Source
Total
Project Administration Cannot exceed 10% of total grant request Contracted Project Administration $0
Subtotal: $0 $0 $0 $0
Planning, Design, Other Pre-Construction/Implementation Including Engineering, Environmental Review, etc.

Consultant Fees $274,422 -$274,422 $0
Subtotal: $274,422 -$274,422 $0 $0
Construction/Implementation
Construction Management $188,130 -$100,578 $87,552
Renovation Construction (Labor
and Material) $2,700,000 $2,700,000
Permits and Inspection Fees $8,350 $8,350
Exterior Demolition $12,338 $12,338
Interior Demolition $116,510 $116,510
Excavation/Fill $210,956 $210,956
Surface pavement $15,833 $15,833
Landscaping $48,950 $48,950
Base Building Addition $1,519,722 $1,519,722
Open Area Finishes $1,092,022 $1,092,022
Furniture & Equipment $2,418,262 $2,418,262
Subtotal: $8,331,073 -$100,578 $0 $8,230,495
Project Contingency (10% max) $823,050 $823,050
Total $9,428,545 -$375,000 $0 $9,876,594
3 . Describe the basic elements of the budget, how the budget was created, and the methodology for any project contingency The budget was crafted from consultation with the design group and City Staff. Assumptions are made with existing construction requirements and costs. This project will require demolition and reconstruction of large portions of the building, including turning a kitchen into functional office space and removing an existing Bar. Removing these improvements is likely to lead to unforeseen issues once the demolition commences, and we will need some reserves to address those issues.

Funding

1. Funding from other sources
$375,000 From Measure P

2. Has funding from all other sources been secured?
• Yes / No

3. List other Project Funding sources, including any sources and amounts for matching funds and any related requirements to obtaining funds. $375,000 Measure P.

In 2020 residents voted to adopt a city -wide sales tax increase known as Measure P.

Primarily, Measure P will assist the Library with additional operating expenses with the new/expanded location. The City Council also allocated $375,000 towards the design of the Green Tree facility.

Funding Background

1. If applicable, describe past attempts to fund this project, including other funding sources sought and key obstacles to secure funds. * This is a new project with no prior attempts at funding.

2. If grant funding is not approved, or if only a portion of the requested funding for the project is awarded, explain how the project will be completed. *
The City Council has identified $375,000 available to create a design plan for 14114 Green Tree Blvd. However, funding for the renovation and relocation has yet to be identified beyond the anticipated additional operating expenses to be funded from the City ’s recently implemented transactions and tax-use measure (Measure P).

T
he design team will be tasked with developing a plan for the new facility to mirror all current functions of our existing facility. We will then renovate the Green Tree facility and relocate the Library from Circle Drive to Green Tree. The City would prefer to expand the space to deflate our c
urrent space deficiency gap and provide a safer space for patrons to congregate. Several items identified by the Library Master Plan could be incorporated into an expanded space to compensate for current deficiencies and critical safety concerns within our existing Library building. The renovation of the Green Tree facility and the relocation of our current operations to that facility will require significant funds to complete. The funding to do so is beyond the scope of our existing General Fund and Measure P.

Measure P funds will accommodate those features necessary to develop the design for relocating the Library to the Green Tree location. If only a portion of the grant is awarded, we will first use funds to renovate the existing space located at the Green Tree Library site. Additional funds beyond what it costs to renovate the building as it stands currently will then be applied to facility e
xpansion. We will pursue adding as much space as the funds awarded will allow. This project may be shelved if no grant funds are awarded or until such a time that sufficient funding can be secured.

Part 4 Match
Match

1. Are you able to match grant funds on a dollar-for-dollar basis? * • Yes / No
Other State funds are not an allowable match contribution.

Availability of Match Funds
A letter from Finance Director or equivalent verifying availability match funds is optional at the time this application is submitted. A letter will be required if grant funds are awarded.

1. Letter confirming the availability match funds (optional) Th
e Victorville City Library has secured $375,000 available for this project. Outside of the $375,000 appropriation, no other funding source has been identified or secured. We request that the State Library strongly consider waiving the additional match based on our current Local Income Pe r C
apita (LIPC) of 6.19, or Level 1. Level 1 libraries may request their match be eliminated or reduced. While a total match elimination is not currently needed , we have not identified additional funds outside of the $375,000 available for this project. We believe this project satisfies all the requirements to meet the grant requirement and should be considered a high priority for the State Library. Every California resident benefits from the vast array of Library Districts across th
e State. Still, a Statewide Library system must ensure every community has access to safe and quality Library services. The Victorville City Library needs the support of the State Library to remedy these critical life safety issues presented by its current building.

Part 5 Certification
Certification and Signature
This application is being submitted by the eligible applicant organization that will administer grant funds if awarded. The authorized representative is the person designated by the applicant organization's governing body to enter into agreements on behalf of the applicant organization. The authorized representative must certify this application before it is submitted. By typing your name below, you are signing this application electronically.

You agree that the information submitted on this application is correct and true. Your electronic signature is the legal equivalent of your manual signature on this application.

Name of Authorized Representative *
Title of Authorized Representative *
Signature *