Agenda packet — Victorville City Council, June 7, 2022 (part 5 of 5)

HDHS will potentially transition to the role of Lead Operator for the permanent Wellness Center once construction is complete. However, this would require an amendment to the scope of this Services Agreement, or a new agreement altogether. In either case, that item would be brought back to the City Council for consideration, as necessary and at the appropriate time. The Services Agreement and Sublease Agreement for Westwinds Sports Center under consideration have provisions that would allow for early termination once the Wellness Center is constructed and ready to become operational.

Staff recommends that the City Council approve the Services Agreement with HDHS in an amount not to exceed $2,041,119.00 to serve as the Lead Operator of Interim Shelter for an initial term through June 30, 2023. Additionally, staff recommends adoption of Resolution No. 22-048, a joint Resolution of the City Council and SCLAA Governing 2 6
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Board, authorizing a no cost sublease of the Westwinds Sports Center to HDHS to coincide with the operations of the Interim Shelter, finding the sublease to be for the common benefit and protection of health, safety and welfare of the City, subject to final review and non-substantive changes as deemed necessary by the City Manager and City Attorney.

Staff and HDHS are available for any questions the City Council may have.

Attachments: A. Consultant/Professional Services Provider Agreement B. Resolution No. 22-048, Sublease Agreement

ATTACHMENT A
Consultant/Professional Services Provider Agreement
1 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
HIGH DESERT HOMELESS SERVICES, INC.

FOR

INTERIM HOMELESS SHELTER LEAD OPERATOR AT THE
WESTWINDS SPORTS CENTER LOCATED AT 18241 GEORGE

BOULEVARD,
PROJECT CC22-106

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 High Desert Homeless Services, 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 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.

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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 Two Million Forty -one Thousand One Hundred Nineteen and 00/100 Dollars ($2,041,119.00) for faithful performance of the 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 Exhibit “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 Agreement. 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 on June 30, 2023 (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 3 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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 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 after termination of this Agreement.

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(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 procedural 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.

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, pr ofessional 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 5 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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:

(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 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.

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.

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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), 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 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

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 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.

7 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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 t he 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 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.

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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 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”) 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 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, and defend the City Indemnitees 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 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 9 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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 h er 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 designee, or as required by applicable law. 10 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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.

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. James M. Waldron, Executive Director , 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 h er 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 Homeless Shelter 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.

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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

Notwithstanding the foregoing, the Parties agree that Exhibit s “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 Exhibit s “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
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: James M. Waldron, Executive Director
High Desert Homeless Services, Inc.
14049 Amargosa Road
Victorville, CA 92392

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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.

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 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 13 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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.

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 14 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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 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 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 15 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

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)

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

THE CITY OF VICTORVILLE HIGH DESERT HOMELESS
SERVICES, INC.

By:______________________________ By:__________________________ Debra Jones, James M. Waldron,
Mayor Executive Director

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:_______________________

17 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

EXHIBIT A

SCOPE OF SERVICES

High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 V
ictorville, CA 92392 email [email protected] H
igh Desert Homeless Services
West Winds Interim Homeless Shelter
Scope of Work
Purpose
H
igh Desert Homeless Services (HDHS) 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:
● Clients agree to comply with applicable health standards that may be instituted by local, state and/or federal governments.
● Clients must be willing to participate in creating and working to achieve their individualized housing plan.
● Clients not in possession of a state issued identification card agree to secure a state issued Identification card.
● Clients will not bring drugs or alcohol to the facility. ● Clients agree to remain sober at all times.
● Clients will not bring weapons/ammunition/objects that in the opinion of HDHS staff may be used as weapon 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 store personal property that is not part of their daily use at assigned storage bin(s).
● Clients agree to hand over any medications (prescription) to staff to be placed in locker that only client has access to.
● Clients agree to wear shelter ID/ wristbands 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.

EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
18/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 V
ictorville, CA 92392 email [email protected] ● Clients agree to utilize facilities to maintain personal hygiene. ● Clients agree not to eat or store open food items at or near the assigned sleeping area ● Clients agree not to loiter near the premises or drop-off/pick-up locations. ● Clients agree to respect other client’s privacy when communication through social media or other communication platforms.
● Clients agree to utilize adjacent parks only for the purposes of recreation / exercise and abide to all city park rules.
● Clients agree to abide to the established grievance policy. ● Clients agree to use clear bags/ backpacks (or similar safety approach) provided by HDHS staff upon entry.
● Clients agree to abide by daily curfew and access conditions when leaving and returning to the premises.
● Clients agree to sign in and out from the premises.
● Clients agree not to threaten or harm staff or other clients.

T
otal Number of Shelter Beds Served: HDHS 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.

E
ntry and Exits:

E
NTRY
● 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.
● False information: Clients may be exited due to providing false identification information where such information is deemed by the Shelter manager or supervisor to be a risk to other clients or staff.
● Access: HDHS shall institute a curfew and access conditions to prevent loitering near the premises.
● Personal Belon gings (security): Personal items will be checked by security personnel utilizing security wands upon entrance: all contraband, including illegal drugs, prescribed drugs not matching the person’s name, firearms weapons, pepper spray or similar will be seized and disposed of.
● Personal Belongings (hygiene): Personal items will be sanitized and disinfected. ● 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. HDHS will work cooperatively with the local police department and EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
19/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 Vi
ctorville, CA 92392 email [email protected] utilize californiaarrest.org to screen clients for open warrants. No persons with prior convictions for violent offences will be admitted.
● 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.

EXI
TS
Exit Procedure: When a client is asked to exit due to disobedience of the rules, violence, or criminal activity, security will issue the clients a trespass notice and escort the person off the property and those exited will be transported to a self-directed location of the surrounding area.

At time of exit, HDHS will provide the client with resource information to local, alternate shelters or housing services.

Gr
ievances: HDHS will provide a grievance resolution process for clients and staff that will be documented in the Operational Plan. Grievances must be received in written form and a copy of such submittal shall be retained by the client for their records.

Coor
dinated En try: HDHS will participate in the San Bernardino County Continuum of Care Coordinated Entry System (CES), including diversion screening at intake. HDHS will maintain designate beds reserved for Victorville Code Enforcement or Police Department referrals. H DHS will input data into the Homeless Management and Information System in a timely manner. ● Prioritization of Referrals: HDHS will prioritize coordinated entry for Victorville’s Code Enforcement and Police department.
● Homeless Diversion: HDHS 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 : HDHS will work with CES & local homeless housing providers to successfully develop exit strategies and connect shelter occupants to alternative housing opportunities.

Leng
th of Stay: HDHS understands that the maximum length of stay at the Interim Shelter is not expected to exceed a 180-day period. However, based on a client’s vulnerability, chronicity, and available housing inventory, more time may be required and allowed on a case -by-case basis.

Such cases shall be re -evaluated in 30 -day increments. It is HDHS goal to match all eligible individuals to appropriate permanent housing at the earliest opportunity. Each client will be assigned a Case Manager to support their progress toward housing stabilization. The program is EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
20/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 V
ictorville, CA 92392 email [email protected] designed to provide this support until a housing option becomes available. However, at any time a client may be exited from the shelter for safety or continual shelter violations.

M
ulti-Disciplinary Team Meetings: HDHS 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.

Service and Outcome Objectives
The HDHS Operating Plan shall incorporate 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. A
ccountability & Measures: HDHS will track outcomes and performance measures for each client and utilize best practice methods to facilitate client success.

EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
21/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 V
ictorville, CA 92392 email [email protected] Facility Operations
Operational Plan: HDHS 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.

Table1. Facility Operator Core Services
Service Description
1 Facility
Management
• Administration of the HDHS Operating Plan
• Full operation of facility: 24-hour, 7 days per week, 365 days per year
• O versight 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 the HDHS Operating Plan (number of clients served, number and types of exits per month, number of services provided by service type, length of stay, etc.)
• Daily reporting of bed availability to designated city staff • 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 Isolation and
Additional
Shelter Tents
• HDHS will maintain four emergency shelter tents clean, secured and equipped with bedding, trash containers and related portable restrooms ready for use.
• HDHS, must designate one tent for COVID-19 or other similar public health reasons for individual isolation.
• HDHS – may utilize tents as need to for entry quarantine or client care and support isolation purposes.

HDHS shall monitor clients located in tents at minimum every two hours.
3 Meals HDHS will provide breakfast, lunch, hot dinner, and snacks daily to clients at the Interim Shelter.
4 Laundry
Services
Service of on -site machines; management of “credit” system and/or client-based laundry program.

EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
22/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 V
ictorville, CA 92392 email [email protected] 5 Housekeeping HDHS will maintain a clean facility, and tents to include the washing and sanitization of bed linens. Standard housekeeping procedures include maintaining hygienic and sanitary environments for clients, volunteers, and staff.
6 Transportation HDHS will arrange for transportation pick up for clients. Pick up will be at a designated location(s) HDHS will designate operating days and time for transportation so that shelter occupants can schedule critical employment or medical appointments accordingly. 7 Case
Management
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
HDHS 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.
8 Health Policies HDHS will hold all clients to the policy of prohibiting the possession or use of 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. 9 Good Neighbor
Policy
HDHS is committed to communication with neighbors on an ongoing basis. HDHS will establish and implement a Good Neighbor Policy to maintain a positive relationship with the surrounding community and limit negative impact on nearby areas. As part of this Good Neighbor Policy , a public inquiry phone number and contact EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
23/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 V
ictorville, CA 92392 email [email protected] information will be posted. Community stakeholders may call this number for information about the site or to have any questions answered. Any community complaints and/or inquiries about the program will be recorded and forwarded to the appropriate staff for prompt investigation. HDHS will consider the resolution of community complaints a high priority and ensure there is a responsive team available to address concerns.
10 Security 24/7 s ecurity will be provided by licensed security guards. In addition to on- premises monitoring, HDHS staff and/or licensed security guards will monitor drop off/pick up locations, vehicle access verified through client and staff parking permits and surrounding areas to control and report issues of loitering, abandoned property and other blight.

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.
11 Animal Kennels HDHS will perform oversight of the animal kennels • Pet Policy has been accepted by the client
• Kennels and surrounding are clean and secured
• Animals have food and water
• Kennel temperature is between 70 – 85 degrees
• Animals appear healthy and are being attended to by the client/ animal owner
HDHS shall notify Victorville Animal Control when any of the following is observed by HDHS staff:
• The animal is being neglected or not being cared for by the client including lack of feeding
• The animal is being abused by the client
• The client has exited either voluntarily or involuntarily and the animal has been left behind
• The animal has bitten a human or another animal
• The animal appears sick or is lethargic
• The animal is consistently aggressive to HDHS Staff
• The animal barks excessively
F
acility Management: HDHS will provide professional accounting, record keeping and reporting; including reporting of the number of clients served, objectives, and outcomes.

EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
24/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 Vi
ctorville, CA 92392 email [email protected] ● Communication & Coordination: HDHS 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, is sues and/or concerns. Should the assigned HDHS representative be placed on leave due to sickness, vacation or administrative reasons it will be the responsibility of HDHS 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: HDHS shall submit monthly reports to the City and, if requested by the C ity, 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, HDHS 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.
● Monitoring: HDHS will allow Victorville Code Compliance staff and Police Department staff within the premises for unannounced inspections.

Fac
ility Maintenance: HDHS will attend to minor shelter upkeep and repairs, including janitorial.

HDHS will maintain a clean, safe, pest -free environment and follow all applicable building, fire, and health codes. HDHS will promptly notify the City of any damage to the facility or major repairs needed to sustain operations.

Saf
ety 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.

EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
25/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 High Desert Homeless Services, Inc. 760-245-5991
14049 Amargosa Road fax 760-245-7513 Vi
ctorville, CA 92392 email [email protected] ● Fire Watch: HDHS will implement Fire Watch at the interim shelter utilizing dedicated staff (site assistants) specifically trained for Fire Watch services.

St
aff Training: All Program staff will be trained when hired in: emergency evacuation, first aid procedures, mandated reporting policies, crisis intervention, Narcan and CPR procedures. This training will be repeated and updated annually and as needed. Staff may receive additional training on different topics as opportunities arise and are needed.

Eac
h staff member will also receive on-going in-service training in crisis management, strength - based approaches, trauma- informed care, motivational interviewing, mediation, and positive communication skills.

Se
curity staff will be provided sensitivity training to better equip them to work with homeless clients, and those in crisis.

An
nual Review of Party Usage: Once annually, upon the request of the City, HDHS agrees to mutually work wi th 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.

Vi
sitors & Tours: Visits by members of the community and tours of the facility will be available by scheduling an appointment with HDHS Staff.

EXHIBIT A, SCOPE OF WORK, PROJECT CC22-106
26/Consultant/Professional Services Provider Agreement/High Desert Agreement/High Desert Homeless Services/Project CC22-106 27 Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

EXHIBIT B
C

OST PROPOSAL
S
ee Attachment
EXHIBIT B: 2022-2023 FISCAL YEAR BUDGET FOR

INTERIM SHELTER
Wages Taxes Medical Total Cost
Payroll
Executive Director (half time salary) $50,000.00 $6,000.00 $3,600.00 $59,600.00 Part Time Bookkeeper 15 hrs. @ $19 /hr. $14,820.00 $1,779.00 $0.00 $16,599.00 Site Manager (salary) $85,725.00 $10,287.00 $7,200.00 $103,212.00 Assistant Site Manager 40 hrs. @ $25/hr. $52,000.00 $6,240.00 $7,200.00 $65,440.00 4 Site Assistants 40 hrs. @ $20/hr. $166,400.00 $19,968.00 $28,800.00 $215,168.00 2 Part Time Site Assistants 20 hrs. @ $20/hr. $41,600.00 $4,992.00 $0.00 $46,592.00 Substance Abuse Counselor 40 hrs. @ $25/hr. $52,000.00 $6,240.00 $7,200.00 $65,440.00 2 Case Managers 40 hrs. @ $22/hr. $91,520.00 $10,983.00 $14,400.00 $116,903.00 Housing Navigator 40 hrs. @ $22/hr. $45,760.00 $5,492.00 $7,200.00 $58,452.00 1 Volunteer/Referral Coordinator 40 hrs. @ $20/hr. $41,600.00 $4,992.00 $7,200.00 $53,792.00 4 Client Care Associates 40 hrs. @ $17/hr. $141,440.00 $16,973.00 $28,800.00 $187,213.00 2 Part Time Client Care Associates 20 hrs. @ $17/hr. $35,360.00 $4,243.00 $0.00 $39,603.00 .5 x Full Time Cook 40 hrs. @ $17/hr. $17,680.00 $2,122.00 $3,600.00 $23,402.00 .5 x Part Time Cook 20 hrs. @ $17/hr. $8,840.00 $1,061.00 $0.00 $9,901.00 P.T. Transportation (food/special needs) 20 hrs. @ $17/hr. $17,680.00 $2,122.00 $0.00 $19,802.00 Total Payroll Expenses $862,425.00 $103,494.00 $115,200.00 $1,081,119.00 Operating Costs
Security Guard/Fire Watch - 24 hrs./day $250,000.00
Utilities $90,000.00
Insurance $40,000.00
Auto/gas/travel $20,000.00
Medical Oversite $60,000.00
Food $320,000.00
1st Aid Med & Client Special Needs $20,000.00
Laundry/Linen Sanitizing $40,000.00
Mortgage $0.00
Repairs/Maintenance $5,000.00
Office and Cleaning Supplies $20,000.00
Staff Training/HMIS $20,000.00
Payroll Services $15,000.00
Startup Allowance (e.g. security cameras, furnishings, supplies, staff time) $60,000.00 Total Operating Expenses (Minus Payroll) $960,000.00
Grand Total $2,041,119.00-
28/Consultant/Professional Services Provider Agreement/High Desert Homeless Services/Project CC22-106

ATTACHMENT B
Resolution No. 22-048, Sublease Agreement
1 2
1 6
1 RESOLUTION NO. 22-048

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

AND THE GOVERNING BOARD OF THE SOUTHERN CALIFORNIA LOGISTICS

AIRPORT AUTHORITY AUTHORIZING THE LEASE OF A PORTION OF THE

WESTWINDS SPORTS CENTER TO THE ILLUMINATION FOUNDATION FOR USE

AS AN INTERIM HOMELESS SHELTER AND FINDING THE LEASE TO BE FOR THE

COMMON BENEFIT AND PROTECTION OF THE HEALTH, SAFETY, AND WELFARE

OF THE CITY
WHEREAS, in November 2020, the City Council authorized temporarily locating the Warming Shelter at the Sports Center to protect the health, safety and welfare of the residents and business owners of the City, to discourage the homeless population from setting dangerous fires in vacant buildings in the Old Town area, and to provide an environment to better serve persons experiencing homelessness as a high-risk population with respect to contracting COVID-19; and
WHEREAS, the Southern California Logistics Airport Authority (SCLAA) is the owner of certain real property in the City located at 182 41 George Blvd., APN 0459-192-58, commonly known as the Westwinds Sports Center ("Sports Center "); and WHEREAS, the SCLAA has previously allowed the City to lease, occupy, and operate the premises at the Sports Center for various recreational and community purposes, and the City has remained in continuous possession of the Sports Center since 1998; and
WHEREAS, the SCLAA desires to allow the City to continue occupying and operating the Sports Center with the ability to sublet the Sports Center for the purpose discussed herein; and
WHEREAS, due to the increase of unsheltered homeless population year-round, the City chose to expand shelter operations beyond the cold weather months and develop a 24-hour, low barrier, Interim Homeless Shelter (“Interim Shelter”) until such time as the Wellness Center Campus (“Wellness Center”), a permanent 170-unit navigation center for the homeless population, is completed; and
WHEREAS, the City’s current professional lead operator’s contract is set to expire on June 30, 2022 and the professional lead operator has chosen not to extend its contract to oversee the Interim Shelter, and
WHEREAS, the City re-issued a Request for Proposals (RFP) to identify a new professional lead operator to operate the Interim Shelter with the potential of transitioning to the lead operator role for the permanent Wellness Center once completed; and WHEREAS, High Desert Homeless Services was successful in submitting a proposal to act as the City’s lead operator for both the Interim Shelter and the Wellness 1 2
1 6
1 Center, demonstrating a high level of experience, appropriate staffing plan, and willingness to partner with the City; and
WHEREAS, expanded shelter operations and services for the homeless population aligns with the City's current Homelessness Solutions Strategic Action Plan; and
WHEREAS, to assist in this humanitarian effort, the Governing Board of SCLAA and City Council have agreed to permit the subleasing of the Sports Center at no cost to High Desert Homeless Services, (which lease is attached to this Resolution as Exhibit A); provided that the City is reimbursed for the utility usage costs associated with the temporary use; and
WHEREAS, pursuant to Government Code Section 37350, the City has full authority to lease its real property for the common benefit.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE AND

THE GOVERNING BOARD OF THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY DO HEREBY RESOLVE AS FOLLOWS:

Section 1. That the recitals set forth above, including the findings and any definitions set forth therein, are true and correct and are hereby incorporated in their entirety by this reference.

Section 2. That the SCLAA Governing Board does hereby authorize the City to continue occupying and operating the Sports Center with the ability to sublet the Sports Center for the purposes set forth in the recitals of this resolution.

Section 3. That the City Council hereby finds and determines that it is within the authority of the City and for the common benefit of the City to enter into the sublease, to help reduce the hazardous impacts of homelessness and to mitigate health risks for persons and families experiencing homelessness.

Section 4. That the City Council hereby approves the sublease agreement with High Desert Homeless Services, attached hereto as Exhibit A, and authorizes the City Manager or designee to take such further actions as may be required to facilitate the operation of the Interim Homeless Shelter.

Section 5. That the sublease agreement will be subject to final review and such non-substantive changes by the City Manager and City Attorney as may be necessary to effectuate the purposes set forth herein.

Section 6. That this Resolution shall take effect immediately.

Section 7. That the City Clerk and the Secretary of the SCLAA shall certify to the adoption of this Resolution.
1 2
1 6
1 Exhibit A:

Sublease Agreement
Standard Lease Page 1 Westwinds Sports Center & High Desert Homeless Services

CITY OF VICTORVILLE

SUBLEASE AGREEMENT
(Westwinds Sports Center - APN 0459-192-58)
This Sublease Agreement (the “Sublease”), dated this day of _, 202 2, for reference purposes only, is made by and between THE CITY OF VICTORVILLE (CITY), a municipal corporation and charter city, (hereinafter referred to as “Sublessor”) and High Desert Homeless Services, Inc., a California Non- Profit Corporation, (hereinafter referred to as “Sublessee”). Sublessor and Sublessee are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties.”

RECITALS
These Recitals are included to assist in interpreting this Sublease and to understand the basis upon which certain terms and conditions have been included. It is not intended, nor should it be construed, to supersede or amend the specific terms and conditions of this Sublease.

A. The Southern California Logistics Airport Authority (“the Authority”) and the City of Victorville (the “City”) have previously entered into certain lease agreements pertaining to portions of former George Air Force Base, which is now known as Southern California Logistics Airport (“SCLA”).

B. Sublessee seeks to sublease from the Sublessor a portion of the subject property known as the Westwinds Sports Center (hereinafter the “Subleased Premises”).

C. The Subleased Premises will be utilized to operate an Interim Homeless Shelter in conjunction with a Consultant/Professional Services Provider Agreement between the City of Victorville and High Desert Homeless Services, Inc.

TERMS AND CONDITIONS

1. Subleased Premises. Subject to the terms and conditions herein contained, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor the Subleased Premises described as follows:
(a) That certain real property located in the city of Victorville at 18241 George Blvd., comprised of approximately 10,905 square feet of space, as depicted in Exhibit A, as well as outdoor, fenced areas and any temporary structures, namely tents and the animal kennel, that have been erected within the fenced area; and
(b) All appurtenances, rights, privileges and easements in any way applicable thereto.

2. Term. The Initial Term of this Sublease shall be for a period of approximately twelve (12) months, commencing on July 1, 2022 (the “Commencement Date ”) and expiring on June 30, 2023 (the “Termination Date”) unless sooner terminated or extended as hereinafter provided. This Agreement may be terminated by the Sublessor upon the completion of the permanent homeless shelter (the “Wellness Center”), provided the Sublessor provides at least thirty (30) days advance written notice of such termination to the Sublessee. To the extent any of the leases or subleases referenced in the Recitals hereof are terminated, and such lease or sublease governs this Sublease, then this Sublease shall also terminate, as of the date of termination of the applicable governing lease or sublease.

3. Option to Extend Term. Upon expiration of the Initial Term, Sublessee shall have the option to extend this Sublease on a month-to-month basis not to exceed a one (1) year beyond the initial term (the Standard Lease Page 2 Westwinds Sports Center & High Desert Homeless Services “Option Term”), provided that: (i) Sublessee is in good standing and otherwise in full compliance with all of the terms and conditions of this Sublease; (ii) Sublessee provides Sublessor written notice of its desire to renew no later than one hundred eighty (180) days prior to the expiration of the Term; (iii) Sublessor confirms in writing Sublessee’s Option Term; and (iv) the Consultant/Professional Services Provider Agreement referenced in Recital C is also extended for the same additional term. Only (1) Option Term may be exercised by Sublessee, and upon confirmation of such exercise by Sublessor, all references to the Termination Date shall mean June 30, 2023. All further references to the Term of this Sublease shall mean and include the Initial Term and any confirmed Option Term.

4. Termination. This Sublease shall only terminate prior to the Termination Date for such reasons as are specifically set forth in the provisions of this Sublease.

5. INTENTIONALLY OMITTED

6. Rental.
(a) Monthly Base Rent. During the Initial Term, Sublessee shall be respon sible for reimbursement to the Sublessor for utility use as described in Section 21 and Exhibit C. (b) Payment. Monthly Base Rent shall be payable as described in Section 21 and Exhibit C to:

City of Victorville
Attention: Building Department – Facilities Division
P.O. Box 5001
Victorville, California 92393
or at such other place as Sublessor may designate in writing from time to time.

7. INTENTIONALLY OMITTED

8. Brokerage Commission. Sublessor and Sublessee represent and affirm to each other that they have not had any dealings with any real estate brokers, finders or agents and no commissions or fees arepayable by either Party in connection with this Sublease.

9. Late Charge. Sublessee hereby acknowledges that late payment by Sublessee to Sublessor of anyinstallment of rent, or any other sums due hereunder will cause Sublessor to incur costs not contemplated by the Sublease, the exact amount of which will be extremely difficult to ascertain.

Accordingly, if any installmentof rent, or any other sum due from Sublessee is not received by the Sublessor within ten (10) days after such amount is due, whether or not any notice of default or other notice has been given, Sublessee shall pay to the Sublessor a charge equal to six percent (6%) of the amount past due (the “Late Charge”), in addition to the payment of the past due amount itself. The Parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs the Sublessor will incur by reason of late payment by Sublessee, and no more than one Late Charge shall be assessed per month.

Notwithstanding the foregoing, in the event the Sublessee elects to make annual payments in advance, then no Late Charge shall apply.

10. Limited Right to Possession of the Subleased Premises. Sublessor shall delive r possession of the Subleased Premises to Sublessee on the Sublease Commencement Date, free and clear of all tenants,occupants, and right of any third parties except as hereafter provided in this Section 10, with the exception of occupants as discussed in Exhibit B. Sublessee agrees that its possession of the Subleased Premises shall be subject to any outstanding easements and rights-of-way not within the control of the Sublessor.

11. Holding Over. If Sublessee holds over or continues in possession of the Suble ased Premises, or any part thereof, after the Termination Date of this Sublease, such occupancy shall be deemed Standard Lease Page 3 Westwinds Sports Center & High Desert Homeless Services a tenancy at sufferance, permitting the Sublessor to immediately commence eviction proceedings without notice to Sublessee.

12. INTENTIONALLY OMITTED

13. Maintenance.
(a) Except for excessive structural repair and maintenance, Sublessee shall at all times
during the Term hereof and until surrender and termination, keep and maintain the Subleased Premises in good and substantial order.
(b) Intentionally Omitted

14. Use and Condition of Subleased Premises. The Subleased Premises are to be used by Sublesseefor those purposes more particularly provided in Exhibit B, attached hereto and incorporated herein by this reference, and for no other purpose unless expressly agreed to by the Sublessor in writing.

Sublessee agrees touse the Subleased Premises in such a manner as to not interfere with the Sublessor’s rights in the Subleased Premises or the surrounding areas, to comply with all applicable governmental laws, ordinances, and regulations in connection with its use of the Subleased Premises, to keep the Subleased Premises in a clean andsanitary condition, and to use all reasonable precaution to prevent damage, or injury to the Subleased Premises.
(a) Permits. Sublessee, at its sole cost and expense, shall apply for and obtain any and all permits and/or certifications required by any federal, state or local governmental entity. (b) INTENTIONALLY OMITTED
(c) Acceptance of Subleased Premises. Sublessee acknowledges that it has satisfied itself by its own independent investigation that the Subleased Premises are suitable for its intended use, and that neither the Sublessor nor the Sublessor’s agent or agents have made any representation or warranty as to the present or future suitability of the Subleased Premises for the conduct of Sublessee’s business. Sublessee’s taking possession or use of the Subleased Premises for any purpose shall constitute Sublessee’s acceptance of the Subleased Premises “as-is” in its existing condition, which condition shall be established as set forth in Exhibit D.
(d) INTENTIONALLY OMITTED
(e) Personal Property. Sublessee shall, at the termination of this Sublease, by l apse of time or otherwise, remove all of Sublessee’s personal property, repair any damage to the Subleased Premises resulting there from, and surrender the Subleased Premises to the Sublessor in as good a condition as when Sublessee took possession, normal wear and tear excepted.

15. Waste or Nuisance. Sublessee shall not commit or permit the commission by others of any waste on the Subleased Premises. Sublessee shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Subleased Premises nor shall Sublessee use or permit the use of the Subleased Premises for any unlawful purpose.

16. Taxes. Sublessee shall pay when due and prior to delinquency all taxes, assessments, and other charges including possessory interest taxes levied or imposed by any governmental entity on the possessory interest of Sublessee in the Subleased Premises and the personal property, trade fixtures, appliances, and subleased equipment placed by Sublessee in, on, or about the Subleased Premises during the Term (or any extension thereof) of this Sublease. Sublessee recognizes that the interests of Sublessee in this Sublease shall be subject to the imposition of a possessory interest tax by the San Bernardino County Assessor, and Sublesseeagrees to pay such tax amount as may be so levied with respect to the possessory interest of Sublessee in the Subleased Premises under this Sublease. Sublessee further acknowledges that pursuant to California Health and Safety Code Section 33673, the property shall be assessed in the Standard Lease Page 4 Westwinds Sports Center & High Desert Homeless Services same manner as privately owned property and Sublessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of its leasehold interest.

17. INTENTIONALLY OMITTED

18. Insurance.
(a) Commercial General Liability Insurance. Sublessee shall procure and maintain at its own expense, during the Term of this Sublease or any extension thereof, Commercial General Liability insurance with a company or companies acceptable to Sublessor, of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage to property resulting from the activities conducted by the Sublessee or its officers, employees, servants, volunteers, and agents and independent contractors on the Subleased Premises. Suchpolicies shall provide coverage for bodily injury, personal injury and property damage to the Subleased Premises based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto.
(b) Property Casualty Insurance. Sublessee shall keep in full force and effect during the Term of this Sublease or any extension thereof, a policy of insurance against fire, vandalism, malicious mischief, and all other perils as are from time to time included in an “all risk” coverage endorsement insuring Sublessee’s improvements constructed on the Subleased Premises, if any, in an amount which is at least one hundred percent (100%) of the full replacement cost. Sublessee shall also be required by Sublessor to maintain at its own expense insurance covering any Tenant Improvements (if any are specified in this Sublease), other improvements to the Subleased Premises, Business Income/Extra Expense, Business Personal Property, Supplies, and Equipment. Sublessee's policy must also include a Loss Payee Endorsement naming the City of Victorville (Sublessor) as a “Loss Payee.” (c) INTENTIONALLY OMITTED
(d) Workers’ Compensation Insurance. Sublessee shall procure and maintain at its’ own expense, during the Term of this Sublease or any extension thereof, workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by Sublessee is not protected by the California State Workers' Compensation Law, Sublessee shall provide adequate insurance for the protection of such employees to the satisfaction of the Sublessor.
(e) Additional Insured Status. The City of Victorville, Southern California Logistics Airport Authority, the City Attorney, and their officers, officials, employees, servants, volunteers, agents and independent contractors are to be covered as additional insureds on the Commercial General Liability Policy (“CGL”) with respect to liability arising out of work or operations performed by or on behalf of the Sublessee, including materials, parts, or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to the Sublessee’s insurance.
(f) Waiver of Subrogation Rights. Sublessee shall require the carriers of all required insurance policies to waive all rights of subrogation against the City of Victorville, Southern California Logistics Airport Authority, City Attorney, and their officers, officials, employees, servants, volunteers, agents and independent contractors.
(g) INTENTIONALLY OMITTED
(h) Primary Coverage. For any claims related to this Sublease, the Sublessee’ s coverage shall be primary insurance as respects the City of Victorville (Sublessor), Southern California Logistics Airport Authority, and their officers, officials, employees, volunteers, contractors and subcontractors. Any insurance or self-insurance maintained by the City of Victorville (Sublessor), Southern California Logistics Airport Authority, and their officers, officials, employees, volunteers, contractors and subcontractors shall be in excess of the Sublessee’s insurance and shall not contribute with it.

Standard Lease Page 5 Westwinds Sports Center & High Desert Homeless Services

19. Proof of Insurance Coverage.
(a) Sublessee shall secure from a good and responsible company or co mpanies authori
zed to do insurance business in the State of California the policies of insurance required by this Sublease and furnish to Sublessor certificates of said insurance on or before the commencement of occupancy under this Sublease. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII, unless otherwise acceptable to the Sublessor. (b) The certificates of insurance shall bear an endorsement whereby it is provi ded that,
in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, Sublessor shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days’ advance written notice shall be given. (c) The certificates of insurance shall bear an endorsement whereby it is provided that the
respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to Sublessor of such termination or expiration. (d) The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Sublease, or any extension thereof.

20. Personal Property at Risk of Sublessee. All personal property which Sublessee maintains at the Subleased Premises shall be at the risk of Sublessee only. Except for the grossly negligent, reckless, or unlawfulintentional acts of the Sublessor, its agents, employees, guests or invitees, the Sublessor shall not be liable for any damage to any property of Sublessee or for any damage to Sublessee’s property in moving the same to or from the Subleased Premises.

21. Utilities and Other Services.

Sublessor will hold all utilities in its name and the Sublessee will reimburse the Sublessor on a monthly basis, asdescribed in Exhibit C.

22. Alterations, Improvements and Additions.

Sublessee shall not make any alterations, improvements or additions to the Subleased Premises(collectively hereinafter the “Improvements”) without the prior written consent of the Sublessor. Any machinery, equipment or apparatus, which belongs to Sublessee, may be removed by Sublessee at any time prior to theexpiration of the Term of this Sublease or any extension thereof.

23. INTENTIONALLY OMITTED

24. Signs. Sublessee shall not post, install, erect or operate any sign, placard, poster or other device on any part of the Subleased Premises without the prior written permission of the Sublessor. Such signs as may from time to time be permitted by the Sublessor shall be made, posted, maintained and removed, andrepair any damage caused by removal, at Sublessee’s own cost and expense. Sublessor shall have the right to remove unauthorized signs at Sublessee’s expense. Sublessee shall be responsible for all costs associated withthe purchase and installation of the required Building Standard Suite Signage in accordance with local codes.

25. Liens. Sublessee shall not suffer or permit any liens to stand against the Subleased Premises, or any part thereof, by reason of any work, labor, services or materials done for, or supplied to Sublessee or anyone holding the Subleased Premises or any part thereof through or under Sublessee. If any such lien shall atany time be filed against the Subleased Premises, Sublessee shall cause such lien to either be discharged of record sixty (60) days after the date that Sublessee receives notice of the filing.

Notwithstanding the above, inany bona fide dispute between Sublessee and any third party concerning work done by the third party on or for the Subleased Premises, and as a result of the dispute the third party Standard Lease Page 6 Westwinds Sports Center & High Desert Homeless Services files a lien against the Subleased Premises, then, in lieu of obtaining the discharge of the lien within the sixty day period, Sublessee, at its option,may either file suit against the third party, a part of the suit being to judicially negate or remove the lien or Sublessee may file an appropriate bond or other device allowed by law to remove the lien.

26. Inspection by the Sublessor. Sublessee shall permit the Sublessor, or its agents, representatives, or employees to enter the Subleased Premises at mutually agreeable, reasonable times for the purpose of inspecting the Subleased Premises to determine whether Sublessee is complying with the terms of this Sublease, forthe purpose of doing other lawful acts that may be necessary to protect the Sublessor’s interest in the Subleased Premises, or for the purpose of performing the Sublessor’s duties under this Sublease. Except in the event of anemergency, the Sublessor shall contact Sublessee, no less than 12 hours prior to the time that Sublessor desires toenter the Subleased Premises to arrange a mutually agreeable time for the inspection.

27. Damage or Destruction of Subleased Premises. Unless occasioned by the negligence or intentionally unlawful act of Sublessee, if, during the term of this Sublease, any portion of the Subleased Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Subleased Premisesuntenable, the obligations under this Sublease shall be immediately suspended while such portion of the Subleased Premises remains untenable. In the event of such damage, the Sublessee shall give Sublessor notice ofsuch untenable conditions and the Sublessor shall elect in its sole discretion, whether to repair the Subleased Premises or to cancel this Sublease with respect thereto. It shall notify Sublessee in writing of its election within thirty (30) days after such damage. In the event the Sublessor elects to repair the Subleased Premises, the workor repair shall begin promptly and shall be carried on without unnecessary delay. In the event the Sublessor elects not to repair the Subleased Premises or portion thereof, the Sublease shall be deemed canceled as of thedate of damage with respect to the applicable portion. Such damage shall not extend the Sublease Term. In the event that insurance proceeds are received by Sublessee under the property casualty policy required to be carried by Sublessee, and the Sublease is terminated under this Section, the Sublessor shall be entitled to the portion of such proceeds attributable to the fixtures, improvements, and other property which would remain with the Subleased Premises, and Sublessee shall be entitled to the portion of such proceeds attributed to the fixtures and property on the Subleased Premises which would be removed by Sublessee. Notwithstanding anything in this paragraph to the contrary, if the Subleased Premises are rendered inadequate for Sublessee to conduct its normal operations in or upon the Subleased Premises (or such portion of the Subleased Premises which is still tenable), and it is reasonably anticipated that the damages shall not be repaired or otherwise resolved, within sixty (60) days of the date of the accident, then Sublessee, at its sole and exclusive option, may immediately terminate this Sublease. Additionally, irrespective of whether Sublessee remains in possession and occupancy of the Subleased Premises or elects to terminate this Sublease, rent payable under this Sublease shall abate during the period that the Subleased Premises are not totally useable by Sublessee. The abatement shall be pro rata in proportion to the ratio that the amount of space which Sublessee is actually able to occupy and from which it is able to conduct operations bears to the total Subleased Premises.

Suble
ssee shall continue to make all other payments during this period, including taxes.

28. Assignment and Subletting. Sublessee shall not cause, or permit, by operation of law or otherwise, any assignment, encumbrance or transfer of this Sublease or any estate or interest therein withoutthe prior written consent of the Sublessor. Sublessee shall not sublet the Subleased Premises or any part thereof without the prior written consent of the Sublessor. An assignment or subletting shall not relieve Sublessee of any of its obligations or liabilities under this Sublease: both Sublessee and any subsequent assignees of Sublessee will be deemed to be bound hereunder. The Sublessor’s consent to any such assignment, transfer or subletting shall not constitute consent to any further assignment, transfer or subletting.

29. Indemnification.

To the fullest extent permitted by law, Sublessee hereby agrees to defend, indemnify and holdharmless Sublessor, the City of Victorville, Southern California Logistics Airport Authority, and their respective officers, officials, employees, directors, agents,volunteers, independent contractors and assigns Standard Lease Page 7 Westwinds Sports Center & High Desert Homeless Services (collectively hereinafter the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, demands, losses, judgments and costs and expenses, including attorneys’ fees (collectively hereinafter “Claims”), arising from any legal action or proceeding initiated by any individual or entity arising out of, or resulting from the performance of this Sublease, except for any such Claims arising out of the gross negligence or willful misconduct of the Indemnified Parties.

30. INTENTIONALLY OMITTED

31. Compliance with Environmental Laws.
(a) The words and phrases set forth below shall have the following definitions:

I. “Hazardous Materials” means and includes any material that because of its
quality, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.

Hazardous Materials include hazardous wastes, toxic substances, petroleum products and motor fuels and similar substances and materials, including all substances and materials defined as hazardous or toxic substances or materials under California Health and Safety Code section 25501(n) or any other similarly- applicable state, federal or local law.

II. “Environmental Laws” means and includes the various health and safety laws and regulations of state, federal and local agencies pertaining to the manufacture, use, storage, disposal, release, and reporting relating to Hazardous Materials (b) As of the Sublease Commencement Date, Sublessee shall not cause or permit any
Hazardous Materials to be used, generated, manufactured, produced, stored, brought upon, or released, on, under or about the Subleased Premises, or transported to and from the Subleased Premises, by Sublessee, its agents, employees, contractors, or invitees in violation of any Environmental Laws.

Sublessee shall indemnify,defend and hold harmless the Sublessor from any damage, cost, expense, liability, fine, or penalty resulting from any unauthorized discharge, emission, spill, storage, release, disposal or use of any Hazardous Materials by Sublessee, its officers, agents, employees, contractors or invitees or any of them. This obligation of Sublessee shall survive the Termination Date or earlier termination of this Sublease, and shall apply wheneverthe Sublessor incurs cost or liability arising from any use or activity of Sublessee relating to Hazardous Materialsduring the Term or any extension thereof (c) Without limiting the foregoing, if at any time during the Term of this Sublease or any
extension thereof, the presence of any Hazardous Materials on, under or about the Subleased Premises caused by Sublessee, its agents, employees, contractors, or invitees results in an unpermitted, unscheduled or unauthorized release or contamination of the Subleased Premises by such Hazardous Materials, then Sublessee shall at its sole cost and expense promptly take all actions necessary to return the Subleased Premises to the condition existing prior to the unpermitted, unscheduled or unauthorized release of any such Hazardous Materials on the Subleased Premises. (d) Sublessee shall immediately notify the Sublessor of the occurrence of any of the follow
ingevents: (1) receipt by Sublessee of any correspondence or communication from any governmental entity regarding the application of Environmental Laws to the Subleased Premises or the investigation or enforcement by such governmental entity of any such Environmental Laws in connection with Sublessee’s occupancy or use of the Subleased Premises, and (2) unpermitted, unscheduled or unauthorized release of any Hazardous Materials on the Subleased Premises which may occur at any time during the Term of the Sublease or any extension thereof.
(e) INTENTIONALLY OMITTED
(f) Notwithstanding any of the foregoing, in the event Sublessee, its agent s, emplo
yees,contractors, or invitees, fails to use and maintain the Subleased Premises in accordance with the provisions of this Section 31, Sublessor and/or the City of Victorville (the “City”) shall have the right, but Standard Lease Page 8 Westwinds Sports Center & High Desert Homeless Services not the obligation, to enter the Subleased Premises and undertake remedial action as necessary in order to ensure that the Subleased Premises are in compliance with all Environmental Laws. In such event, Sublessee shall reimburse Sublessor and/or the City for all reasonable sums incurred by it for such remediation activities.

32. Surrender of Subleased Premises. On the Termination Date of this Sublease, Sublessee shall surrender and deliver possession of the Subleased Premises to the Sublessor clean and free of debris and in as good condition as it was on the Sublease Commencement Date, reasonable wear and tear excepted.

33. Compliance with Laws. Sublessee shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to Sublessee’s activities on the Subleased Premises (hereinafter collectively, (“Laws”), and to cause its officers, agents, employees, suppliers, shippers, customers, and invitees to so abide and conform. The Sublessor shall not be responsible to Sublessee
for the noncompliance with said rules by other tenants, their officers, agents, employees, suppliers, shippers, customers and/or invitees. The judgment of any court of competent jurisdiction, or the admission of Sublessee in a proceeding brought against Sublessee by any government entity, that Sublessee has violated any such Laws (except where such admission may be the basis for settlement) shall be conclusive as between the Sublessor and Sublessee and shall constitute grounds for declaration of default, breach, forfeiture, and termination of this Sublease by the Sublessor.

34. Defaults.
(a) In the event Sublessee should default in the performance of any covenant or condition of this Sublease (excluding the payment of any monthly rent or other amounts due hereunder) and such default is notcured or removed within ten (10) days after service of written notice upon Sublessee of such default in the performance of any covenants and conditions; then in such event, the Sublessor shall have the right and optionto terminate this Sublease, to re-enter the Subleased Premises, to evict Sublessee and to remove Sublessee’s possessions, all without being deemed guilty of any trespass, and without prejudice to any claim for arrearsof rent or breach of covenant. Notwithstanding the foregoing, if Sublessee, prior to the expiration of such ten 10) day period for default diligently commences to cure such default but is unable to do so within the ten (10) day period, then such period may be extended for an additional ten (10) days provided Sublessee continues to make a diligent effort to cure the default. (b) Failure to pay Monthly Base Rent or any other amounts when due shall be deemed a defaul
t under this provision. Sublessee shall cure such default within ten (10) days after service of written notice.
(c) Any statutory notice required as part of any eviction action or similar type of proceedi ng m
ay be included with any notice of default given pursuant to this Section and the Sublessor need not declare a default and have such default remain uncured prior to delivery of such statutory notice.

35. Remedies of the Sublessor. In the event of any breach of the Sublease by Sublessee and the cureperiods described in Section 34 hereof have expired, the Sublessor may at any time thereafter, with or withoutnotice or demand and without limiting the Sublessor in the exercise of any other right or remedy which the Sublessor may have by reason of such breach, do any of the following:
(a) Terminate Sublessee’s right to possession of the Subleased Premises by any lawful
means, in which case this Sublease shall terminate and Sublessee shall surrender possession of the Subleased Premises to the Sublessor. This may involve the Sublessor filing an unlawful detainer action and receiving a courtorder for Sublessee to vacate the premises. In any such event, the Sublessor shall be entitled to recover from Sublessee all damages incurred by the Sublessor by reason of Sublessee’s default, including, but not limited to the cost of repairing or restoring damages to the Subleased Premises caused by Sublessee, the cost or removal of Sublessee’s improvements, fixtures and other contents of the Subleased Premises, costs associated with past orfuture brokerage commissions and marketing expenses and the other costs payable by the Sublessor in connection with the recovery of possession of the Subleased Standard Lease Page 9 Westwinds Sports Center & High Desert Homeless Services Premises, including but not limited to reasonableattorneys’ fees and court costs, as well as: (1) the worth at the time of award by the court having jurisdictionthereof of the unpaid rent which had been earned at the time of termination, and (2) the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the Term after the time of such award may exceed the amount of such rental loss for the same period that Sublessee proves could be reasonably avoided; or (b) Pursue any other remedy now or hereafter available to the Sublessor under the lawso
r judicial decisions of the State of California.

36. Default by the Sublessor. In the event Sublessor should default in the performance of any covenant or condition of this Sublease and such default is not cured or removed within thirty (30) days after service of written notice of default upon Sublessor, then in any such event, Sublessee shall have the right and option to terminate this Sublease. If Sublessor, prior to the expiration of such thirty (30) day period for a default, diligently commences to cure such default, but is unable to do so within the thirty (30) day period, then suchperiod shall be extended for an additional thirty (30) days provided Sublessor continues to make a diligent effort to cure the default. In event of uncured default Sublessee shall have all remedies available at law or in equity for any default or breach of this Sublease by the Sublessor.

37. Force Majeure-Unavoidable Delays. If the performance of any act required by this Subleaseto be performed by either Party is prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, unreasonably restrictive governmental laws or regulations, or any other cause except financial inability that is not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performanceof the act during the period of delay will be excused. However, nothing contained in this Section shall excusethe prompt payment of rent by Sublessee as required by this Sublease or the performance of any act rendered difficult solely because of the financial condition of the Party required to perform the act.

38. Notices. Any and all notices or demands required or permitted to be given hereunder must be personally delivered or be mailed by registered or certified mail, return receipt requested, addressed as follows:

To the Sublessor: City of Victorville
14343 Civic Drive
Victorville, CA 92392
Attn: Jenele Davidson, Deputy City Manager
With copies to: Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Attn: Andre de Bortnowsky, Esq.

To Sublessee: High Desert Homeless Services, Inc.
14049 Amargosa Road
Victorville, CA 92392
Attn: James M Waldron
or at such other address or addresses that either Party may hereafter designate in writing to the other. Any notice or demand which is mailed by registered or certified mail as provided above shall be deemed to be effective and given for all purposes three (3) business days following the time of deposit thereof, postage prepaid, in the United States mail.

39. Miscellaneous.
(a) One or more waivers of any provision of this Sublease by the Sublessor shall not be
construed as a waiver of a subsequent breach of the same provision and the Sublessor’s consent or approval shall not be deemed to waive or render unnecessary the Sublessor’s consent or approval to or of Standard Lease Page 10 Westwinds Sports Center & High Desert Homeless Services any subsequent or similar act by Sublessee.
(b) If either Party to this Sublease shall bring any action for any relief against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights here under (collectively, an Action), the losing Party shall pay to the prevailing Party attorneys’ fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively, a Decision) granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether such Action is prosecuted to a Decision. Any Decision entered in such Action shall contain a specific provision providing for the recovery of attorneys’ fees and costs incurred in enforcing such Decision. The court may fix the amount of reasonable attorneys’ fees and costs on the request of either Party. For the purposes of this paragraph, attorneys’ fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions and collection actions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation. “Prevailing Party” within the meaning of this paragraph includes, without limitation, a Party who agrees to dismiss an Action upon the other Party’s payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it. Nothing contained in the Section shall be interpreted to mean that Sublessor has agreed to arbitrate any dispute which may arise hereunder. (c) This
Sublease can be modified, supplemented, amended or rescinded only by a writing expressly referring to this Sublease and signed by Sublessor and Sublessee. (d) If any term of this Sublease or any application thereof shall be invalid or unenforceable, the remainder of this Sublease and any other application of such term shall not be affected thereby. Unless otherwise expressly provided herein, any approval or consent of Sublessor required hereunder shall not be unreasonably withheld or delayed. This Sublease shall be binding upon and inure to the benefit of
and be enforceable by the respective successors of the Parties hereto. The Section headings in the Sublease are for purposes of reference only and shall not limit or define the meaning hereof. (e) This Sublease contains the entire understanding and agreement of the Parties, supersedes all prior understandings and agreements, and cannot be changed orally. This Sublease shall be construed in accordance with the laws of the State of California. Time is of the essence. (f) Any conflict between the printed provisions, exhibits, or addenda of this Sublease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions provided such typewritten or handwritten provisions are initialed by both Parties. (g) This Sublease shall be of no force and effect unless executed by both Parties.

Each person executing this Sublease for the respective Parties expressly represents and warrants that he or she has the authority to enter into Subleases on behalf of and bind the entity on whose behalf this Sublease is executed.
(h) This Sublease may be executed by the Parties in counterparts, and when execute by each of the Parties, each counterpart shall be deemed to be a part of the same instrument. [END OF THIS PAGE]
Standard Lease Page 11 Westwinds Sports Center & High Desert Homeless Services IN WITNESS WHEREOF, the Parties have executed this Sublease Agreement as of the dates set forth below.

SUBLESSEE: SUBLESSOR:

High Desert Homeless Services, Inc. City of Victorville Printed Name Printed Name
Signature Signature
Date Signed
E-mail Address
Title
Approved By:

Telephone Number Lee Brown Date
Risk Manager
Business License Number
Approved as to Standard Form:

Social Security or Tax ID Number Andre de Bortnowsky Date City Attorney
Copy of Workers’ Compensation Certificate:

Attached: Yes Not Applicable
Copy of Insurance Certificate:

Attached: Yes Not Applicable
Other:

Standard Lease Page 12 Westwinds Sports Center & High Desert Homeless Services

EXHIBIT A

SITE MAP OF SUBLEASED PREMISES
Standard Lease Page 13 Westwinds Sports Center & High Desert Homeless Services

Standard Lease Page 14 Westwinds Sports Center & High Desert Homeless Services

Standard Lease Page 15 Westwinds Sports Center & High Desert Homeless Services

EXHIBIT B

USE AND CONDITION OF SUBLEASED PREMISES
The condition of the Subleased Premises shall be established resulting from a walk-through attended by both Sublessor and Sublessee prior to the date Sublessee takes occupancy and memorialized at the walk- through via video recording or picture(s). The Subleased Premises shall be used for the purposes of an Interim Homeless Shelter,subject to the following operation standards:
 Keys for the facility will be checked out and used by Sublessee employees.  The Interim Homeless Shelter shall operate in accordance with an approved Operational Plan as requi
red by the Consultant/Professional Services Provider Agreement between the City of Victorvill
e and High Desert Homeless Services, Inc. for the Interim Homeless Shelter.  Sublessee shall except all remaining Warming Shelter occupants residing at the Leased Premises at
the time of initial transfer as clients/guests at the Interim Homeless Shelter, subject to the ir agree
ment to abide by rules of conduct established for the Interim Homeless Shelter.  This will be a 24-hour shelter operation and Sublessee shall be responsible for monitoring the where
abouts of occupants at all times.
o Suble
ssee will fully cooperate with City staff and law enforcement to help ensure no loiteri
ng in unauthorized areas occurs.
 Sublessor will call 911 in the event of an emergency and for maintenance emergencies wi ll contact the Emergency on
-call number (760) 963-4343 for the City’s facility maintenance.  Sublessor agrees to allow City, or its contractors, access for capital improvement projects to the buil
ding or grounds of the facility.
 Sublessee will add fire-retardant curtains or partitions to conceal sleeping areas from common areas(corridors) that will not obstruct access to emergency exits.  Sublessee will provide 24/7 security by trained and certified personnel. Security personn el 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.  Sublessee will implement Fire Watch at the interim shelter utilizing dedicated staff (site assistants) or security staff specifically trained for Fire Watch services.

Standard Lease Page 16 Westwinds Sports Center & High Desert Homeless Services

EXHIBIT C

UTILITY REIMBURSEMENT
As per Section 21 of this Sublease, all utilities at the Premises shall remain in the name of the Sublessor for the duration of the Sublease. The Sublessee shall be responsible to reimburse the Sublessor for utilities used during the Term and any holdover period pursuant to Section 11 of this Sublease.

The Sublessor has established a baseline for electricity, gas, and water expenses at the facility by averaging the cost of utilities from March 2020 – Oct. 2020. Rate increase escalators have been applied to Electric (14%) and Water (10%) based on increases in utility rates that have occurred since 2020. These escalators may be further updated if the option to extend the Term of the Sublease is exercised. The Sublessee shall be responsible to pay any amount above the established baseline for each utility, each month. The baseline amount established for each utility is as follows:

Utility/Provider Baseline Amount
Electricity, Southern California Edison $ 2,216.50
Natural Gas, VMUS $ 30.35
Water, Victorville Water District $ 37.31
Standard Lease Page 17 Westwinds Sports Center & High Desert Homeless Services

EXHIBIT D

CERTIFICATE OF ACCEPTANCE OF WESTWINDS SPORTS CENTER

SUBLEASED PREMISES
Sublessor: City of Victorville
Sublessee: High Desert Homeless Services, Inc.

This certificate is being executed pursuant to section 14 (c) of the Victorville Westwinds Sports Center Sublease (the “Sublease”) for space identified in Exhibit A, executed on between Sublessor and Sublessee as identified above.

Sublessee certifies to and agrees that:

1. Sublessee has fully inspected the premises;

2. The Sublessor has complied with any obligations set forth in the Sublease;

3. Sublessee acknowledges that the Westwinds Sports Center and the Premises are satisfactory in alla
spects and suitable for the permitted use specified in the Sublease;

4. Sublessee has taken possession of and has accepted the Premises and the Utility Reimb
ursement inaccordance with the terms of the Sublease; and

5. The Sublease Term will expire on June 30,2023, unless sooner terminated or extended pursuant to anypro
vision of the Sublease.

EXECUTED as of .

SUBLESSEE: SUBLESSOR:

High Desert Homeless Services, Inc. City of Victorville Printed Name Printed Name
Signature Signature
Date Signed Title
Item Number: 18
City Council / Board of Directors
Written Communication
Meeting of: June 7, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Project Proposal to California Transportation Commission for Local Streets and Roads Funding for Fiscal Year 2022-2023
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 22-054 approving the Bear Valley Road (Amethyst Road to US- 395) Project for submittal to the California Transportation Commission (CTC) to be eligible to receive Local Streets and Roads Funds for Fiscal Year 2022-2023; and (2) Authorize staff to submit this project proposal to the California Transportation Commission.

Fiscal Impact:

No fiscal impact will result from this action and no additional appropriation is required.

The funds for the Bear Valley Road (Amethyst Road to US-395) will be included in the proposed FY 2022-2023 budget.

Background:

Local Streets and Roads Funding is available to cities and counties in California as a result of Senate Bill 1 (SB1) which increased the per gallon fuel taxes and vehicle registration fees. Various portions of this funding are deposited by the State Controller into the Road Maintenance and Rehabilitation Account (RMRA). One portion of this account is the Local Streets and Roads Fund (LSRF). The CTC adopts and updates guidelines for the use of LSRF. This funding must be used on specific projects and cannot be used for streets and roads operations and maintenance expenses. According to the guidelines, to be eligible to receive the LSRF, “an eligible city or county shall submit to the CTC a list of projects proposed to be funded with these funds pursuant to an adopted resolution by the applicable city council or county board of supervisors at a regular public meeting”.
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Projects previously approved and the LSRF amounts are shown below.

Village Dr., Mojave Dr. to Air Expressway $712,000
Arrowhead Dr., Green Tree Blvd. to Nisqualli Rd. $753,000 Seventh Ave., Nisqualli Rd. to Bear Valley Rd. $1,439,000 Third Ave., Green Tree Blvd. to Nisqualli Rd. $442,000 Industrial Blvd., Bear Valley Rd to Silica Rd. $927,000 Silica Dr., Industrial Blvd. to Hesperia Rd. $818,000 Total $5,091,000
The Village Drive project was completed in October 2019. The Third Avenue project was completed in October 2020. Industrial Boulevard and Silica Drive were completed in October 2021. The Arrowhead Drive and Seventh Avenue project started in January 2022, and is scheduled to be complete in September 2022. There is a carryover provision in the LSRF guidelines which allows for LSRF to be carried over to future years. There is also a provision which allows LSRF to be added to projects which have been previously approved for LSRF. These provisions provide flexibility for revising the funding on projects due to changes in costs.

Discussion:

The due date for the LSRF submittal to the CTC for FY 22-23 is July 1, 2022. The LSRF funds available to the City for Fiscal Year 2022-2023 is estimated at $2,898,797. Staff is proposing to submit a proposal to the CTC for Bear Valley Road (Amethyst to US-395) to receive the available LSRF. The length of this project is about 2.0 miles. Please refer to Attachment B, a map of the project. The Bear Valley Road Project will include a rehabilitation of the existing pavement and updating the curb ramps to meet the current ADA requirements. The project will be incljuded in the FY 2022-2023 budget using SB1 funds in addition to Measure I funds. The project is consistent with the latest Measure I Five-Year Capital Improvement Program, (Attachment C) which was approved by City Council on August 17, 2021.

Staff recommends that the City Council adopt the attached resolution which approves the Bear Valley Road (Amethyst Rd. to US-395) Project for submittal to the CTC to be eligible to receive LSRF in an amount of approximately $2,898,797 for Fiscal Year 2022-2023 and authorize staff to submit this project proposal to the CTC.

Staff remains available for any questions the City Council may have.

Attachments: A. Resolution No. 22-054
B. Project Map
C. Measure I Five-Year Capital Improvement Program
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4 ATTACHMENT A
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4 RESOLUTION NO. 22-054
A RESOLUTION OF THE CITY OF VICTORVILLE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $2,898,797 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate roads throughout the City this year and similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and
1 2
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4 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Victorville, State of California, as follows:

Section 1. Recitals
The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Approval of Project List
The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022- 23 Road Maintenance and Rehabilitation Account revenues:

Project Title:Bear Valley Road (Amethyst Road to US-395) Project Project Description:Bear Valley Road is a super arterial street on an east-west alignment for

2.0 miles. The project scope includes pavement reconstruction, thick asphalt concrete overlays, and reconstructing access ramps to meet American with Disabilities Act (ADA) current standards.

Project Location: Bear Valley Road between Amethyst Road and US-395 Estimated Project Schedule:The schedule is estimated to be as follows: start March 2023 and completion by June 2023.

Estimated Project Useful Life:The following estimated useful life for each rehabilitation method are as follows: 30 years for reconstruction; and 15 years for asphalt concrete overlays.

Section 3. Effective Date
This Resolution shall take effect immediately upon its adoption.

Section 4. Certification
The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.

ATTACHMENT B

ATTACHMENT C

Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: June 7, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Wellness Center Project – Amendment to Agreement with Connect Homes for Community Buildings
Recommendation:

That the Honorable City Council approve Amendment No. 1 to the General Services Provider Standard Agreement with Connect Homes for community buildings for the Victorville Wellness Center in an amount not to exceed of $3,385,515.00 and authorize the City Attorney to make non-substantive revisions to the agreement as necessary prior to the Mayor’s execution thereof.

Fiscal Impact:

This action will result in a fiscal impact of $3,385,515.00. An additional appropriation is not required. Funds for these services were budgeted as part of the Victorville Wellness Center Project. There are sufficient funds available in the budget to cover the capital expenses related to this agreement. Please refer to the budget account number, funding source and budget amount shown below.

Account Funding Source Amount
2700011-52300-97063 Homekey Grant $28,004,058.00
Background:

On January 18, 2022, City Council approved an additional appropriation of Homekey Round 2 funds, in the amount of $28,004,058.00 and increased the not to exceed amount of the agreement with CMC Architects and Engineers for the design of the Wellness Center Project. This amendment to CMC’s agreement identified Connect Homes as a sub-consultant to design the modular shelter and community buildings. On March 15, 2022, City Council approved a Consultant / Professional Services Provider Agreement for the Wellness Center Project construction management with the Pacifica Services, Inc., 2 6
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in an amount not to exceed of $2,373,601.00. On March 15, 2022, a Phase 1 construction contract was awarded to Angeles Contractors, Inc. in the amount $4,827,947.76.

On April 5, 2022, City Council approved a General Services Provider Agreement with Connect Homes for 46 shelter units for the Victorville Wellness Center in an amount not to exceed of $5,069,607.00. Please refer to Attachment A, the Agreement. Also, on April 5, 2022, City Council approved a General Services Provider Agreement with Urban Bloc for modular bathrooms for the Victorville Wellness Center in an amount not to exceed $1,300,602.00.

Discussion:

The Wellness Center Project will include a non-congregate design of modular housing buildings with 110 separate units allowing a minimum capacity of 170 beds. Staff evaluated modular housing manufacturers to select a product that would be suitable for the Wellness Center. One of the manufacturers evaluated was Connect Homes. Connect Homes is a full-service, design-build firm that manufactures custom, prefabricated, modular buildings to customer specifications.

Modular shelters manufactured by Connect Homes were previously installed at an interim housing facility for the homeless in Mountain View, CA, which was primarily funded by a Homekey Round 1 grant. This facility opened in May of 2021. City staff evaluated these modular shelter units by interviewing the operator of the Mountain View facility and by touring the Connect Homes factory in San Bernardino, which also included a tour of a complete shelter building. The materials and construction design of the modulars appear to be durable, without requiring high maintenance over time.

In accordance with an agreement approved on April 5, 2022, Connect Homes is manufacturing 46 shelter modulars with 110 separate sleeping units for the Wellness Center. The modulars will be 360 square feet and will include custom beds with storage.

In-suite bathrooms will be provided within 14 of the 46 shelter modulars. Also, in accordance with another agreement approved on April 5, 2022, community modular bathroom buildings are being manufactured by Urban Bloc.

In accordance with Victorville Municipal Code Section. 2.28.100(b)(2) and the Federal Procurement Guidelines, staff has identified Connect Homes as a sole source supplier.

The completed sole source justification form is attached to this staff report as Attachment D. The custom design-build products offered by Connect Homes includes a patent on a structural steel frame. This frame enhances the structural durability during shipping and installation. The production time to manufacture the shelter modulars and four modular community buildings is critical to meeting the completion of construction deadline for this project, which is December 15, 2022.

Connect Homes has been working with staff over the past several months to finalize the design and scope of work. Connect Homes already has experience with the modular shelter permitting process with the California Department of Housing and Community 2 6
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Development (HCD). Connect Homes expects approval from HCD for the community buildings prior to the June 7th City Council meeting.

Connect Homes submitted a scope of work and pricing for the four community buildings which have been reviewed by City staff and CMC Architects and Engineers. The City Attorney’s office prepared Amendment No. 1 to the original agreement to add the scope and compensation for the four community buildings. The amendment has been reviewed by City staff, and Connect Homes’ staff and legal counsel, and is ready for approval.

Please refer to Attachment B, Amendment No. 1 to the Agreement.

The four modular community buildings total 9,600 square feet in floor area. These are the central community service buildings consisting of a cafeteria, wellness center offices, a recuperative care center and an exam clinic. Please refer to Attachment C, which shows the site plan and floor plans for the community buildings.

Staff recommends that the Honorable City Council approve Amendment No. 1 to the General Services Provider Standard Agreement with Connect Homes for community buildings for the Victorville Wellness Center in an amount not to exceed of $3,385,515.00 and authorize the City Attorney to make non-substantive revisions to the agreement as necessary prior to the Mayor’s execution thereof.

Staff remains available for any questions that the City Council may have.

Attachments: A. Original Agreement
B. Amendment No. 1 to Agreement
C. Graphics (Site Plan and Community Building Floor Plans) D. Sole Source Justification Form

ATTACHMENT A

ATTACHMENT B

Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110, /AMENDMENT NUMBER ONE

Page 1 of 5 ends

AMENDMENT NUMBER ONE
TO THE

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN THE CITY OF VICTORVILLE
AND
HOME EC INC. DBA CONNECT HOMES
Project No. ESC22-110

THIS AMENDMENT NUMBER ONE (“Amendment One”) dated June 1, 2022 for reference purposes only, is made and entered into by and between the City of Victorville, a municipal corporation and Charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Home EC Inc. dba Connect Homes, a Delaware corporation qualified to do business in the state of California, hereinafter referred to as “Service Provider.” City and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS

WHEREAS, the City has a currently has a General Services Provider Standard Agreement dated April 1, 2022 (hereinafter referred to as the “Original Agreement”) with Service Provider to furnish Shelter Modular Housing Units for the City’s Wellness Center (the “Project”); and

WHEREAS, the City requires the design and manufacture of certain additional modular Community Buildings and related appurtenances (each, a “Module” or collectively, “Modules”) by Service Provider for use in the Project; and

WHEREAS, such additional Modules will be manufactured and fabricated in accordance with the specifications provided to Service Provider by the Ci ty and designs developed by Service Provider therefrom, with said Modules to be finished and installed on the Project Site (the “Site”) by an independent General Contractor engaged by the City; and

WHEREAS, in order to amend the scope of services being provided by Service Provider under the Original Agreement to include the design and manufacture of these additional Community Building Modules for the Project as originally contemplated by the Parties; to provide for certain additional terms and conditions ; and to increase the total compensation amount to provide payment for said amended scope of services, the Parties wish to enter into this Amendment One to the Original Agreement.

NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Amendment One by this reference, and in consideration the covenants, conditions, and promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree to amend the Original Agreement follows:

Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110, /AMENDMENT NUMBER ONE

Page 2 of 5 ends

1. A new Section 2.A titled, “ADDITIONAL SCOPE OF SERVICES FOR COMMUNITY BUILDINGS” is hereby added to the Original Agreement to be inserted between existing Sections 2 and 3 on page 2 thereof, to read as follows:

Section 2.A. ADDITIONAL SCOPE OF SERVICES FOR COMMUNITY

BUILDINGS

Service Provider shall also provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “C” (of which Exhibit “C-1” and “C-2” are also a part), and incorporated as part of this Agreement by this reference.

2. A new Section 3.A, titled “ COMPENSATION FOR ADDITIONAL SCOPE OF SERVICES FOR COMMUNITY BUILDINGS” is hereby added to the Original Agreement to be inserted between existing Sections 3 and 4 on page 2 thereof, to read as follows:

Section 3.A. COMPENSATION FOR ADDITIONAL SCOPE OF SERVICES FOR

COMMUNITY BUILDINGS

In addition to the compensation amount provided for in Section 3 of this Agreement, the City shall pay a total amount not to exceed THREE MILLION THREE HUNDRED

AND EIGHTY -FIVE THOUSAND, FIVE HUNDRED FIFTE EN DOLLARS AND NO/100 ($3,385,515) for the Additional Scope of Services set forth in Section 2.A of this Agreement, subject to the provisions of Section 4 hereof. To the extent that the City does not select or require, in whole or on part, the “Storage and Handling” [and/or the “Expediting Option”] specified on page 1 of Exhibit “C -1”, the compensation amount set forth in the preceding sentence shall be reduced accordingly.

3. Section 4 of the Original Agreement, titled “FEE SCHEDULE”, is hereby amended by replacing Subsection 4.1 thereof with a new Subsection 4.1 to read as follows:

4.1 The City shall pay Service Provider for the Housing Modules listed in Exhibit “A-1” as provided for in the Fee Schedule attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The City shall Pay Service Provider for the Community Buildings Modules listed in Exhibit “C-1” as provided for in the Fee Schedule attached hereto as Exhibit “D” and incorporated as part of this Agreement by this Reference. The provisions of Exhibit “B” and “D” notwithstanding, in order to receive such payments, Service Provider shall be required to submit to City monthly reports with milestones detailing all services performed, the progress being made on the manufacture of each Module, the estimated date of completion for each, and such other information as the City shall require. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Service Provider’s invoice.

Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110, /AMENDMENT NUMBER ONE

Page 3 of 5 ends

4. Section 6 of the Original Agreement, titled “ TERM OF AGREEMENT ” is hereby amended in it its entirely to read as follows:

Section 6. TERM OF AGREEMENT

This Agreement shall be for a term of approximately One (1) year , commencing on April 6, 2022 (the “ Commencement Date”) and terminating on April 5, 2023 (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. The foregoing stated Term notwithstanding, Service Provider acknowledges and agrees that all Housing Modules listed in Exhibit “A -1” required under this Agreement shall be manufactured no later than September 30, 2022 and all the Community Buildings Modules listed in Exhibit “C -1” required by this Agreement shall be manufactured no later than October 31, 2022.

5. Section 11 of the Original Agreement, titled “WARRANTY”, is hereby amended by replacing Subsection 11.1 thereof with a new Subsection 11.1 to read as follows:

11.1 Housing Modules. Service Provider warrants that each Housing Module as listed in Exhibit “A-1” manufactured under this Agreement shall be reasonably free of material defects in materials and workmanship; that all mechanical systems will operate normally; and that all appliances and fixtures have been installed properly (hereinafter the “Limited Warranty”). The Limited Warranty is for a period of one (1) year from the date the City takes Delivery of each such Module at Service Provider’s factory (the “Warranty Period”). The Limited Warranty does not cover any problems, losses or claims arising under the circumstances set forth in the following subsections, including, without limitation, any warranties for appliances, fixtures, furnaces, and air conditioning units covered by manufacturer or third- party warranties as described below.

6. Section 11 of the Original Agreement, titled “WARRANTY”, is hereby amended by adding a new Subsection 11.1.1 to read as follows:

11.1.1 Community Buildings Modules. City acknowledges that certain work on the Community Buildings Modules listed in Exhibit “C -1” will need to be accomplished by the City, through its independent General Contractor or otherwise, following Delivery of said Modules in order to complete the Modules for the City’s use (“Finish Work”). Such Finish Work is outside of the Scope of Services set forth in Exhibit C of this Agreement and includes, but is not limited to, the work outlined on the document attached hereto as Exhibit “C -2”, but also includes any other work needed to complete said Community Buildings Modules for the City’s use following Delivery.

With respect to the work performed under this Agreement with respect to the Community Buildings Modules only, Service Provider warrants that each such Module Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110, /AMENDMENT NUMBER ONE

Page 4 of 5 ends

shall be reasonably free of material defects in materials and workmanship; that those portions of the mechanical systems installed by Service Provider will operate normally; and that all appliances and fixtures furnished by Service Provider have been installed properly (hereinafter the “ Limited Warranty”). The Limited Warranty is for a period of one (1) year from the date the City takes Delivery of each Module at Service Provider’s factory (the “Warranty Period”). The Limited Warranty does not cover any problems, losses or claims arising under the circumstances set forth in the following subsections, including, without limitation, any warranties for appliances, fixtures, furnaces, and air conditioning units covered by manufacturer or third-party warranties as described below.

7. Section 31 of the Original Agreement, titled “ AMBIGUITIES”, is hereby amended in its entirety to read as follows:

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 Exhibit “A”, Exhibit “B”, Exhibit “C” and Exhibit “D” are attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Agreement and Exhibit “A”, Exhibit “B”, Exhibit “C”, or Exhibit “D” , the terms of this Agreement shall control and nothing set forth in the aforementioned and attached Exhibits shall be deemed to supersede any of the provisions of this Agreement.

8. Section 32 of the Original Agreement, titled “ NOTICES”, is hereby amended with respect to the contact person and address to which notices to Service Provider are to be sent as follows:

To Provider: Payal Gandhi, SVP Development
Connect Homes
706 S. Hill Street, Suite 1060
Los Angeles, CA 90014

9. Exhibit “C” and Exhibit “D” relating to the Community Building Modules as attached to this Amendment One are hereby added to and made a part of the Original Agreement.

10. Except as modified by this Amendment One, all other terms and conditions set forth in the Original Agreement shall remain in full force and effect.

[SIGNATURES ON NEXT PAGE]
Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110, /AMENDMENT NUMBER ONE

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

THE CITY OF VICTORVILLE HOME EC INC. DBA CONNECT
HOMES

By: ______________________________ By: __________________________ Debra Jones, Mayor Greg Leung, CEO

Date: ___________________________ Date: ________________________

ATTEST

By:_______________________________
Jennifer Thompson,
City Clerk

Date:_____________________________

THE CITY OF VICTORVILLE APPROVED AS TO FORM:

By: ______________________________ By: __________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney

Date: ___________________________ Date: ________________________

P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\CONNECT HOMES\200.4-AMENDMENT NO. 1-CONNECT HOMES DRAFT 05.26.22 V4 TLT.DOCX

EXHIBIT “C”

SCOPE OF SERVICES
Service Provider shall supply to City the following Modules from its Connect Shelter custom line of Community Building products manufactured pursuant to Service Provider’s Plans and Specifications applicable to each specific Connect Shelter Community Building product at the time of Service Provider’s execution of this Agreement and the Fit Out List attached hereto as Exhibit "C-1":

All Modules will be delivered to City FOB at Service Provider’s factory and will be manufactured and delivered according to the following steps. City shall review the “Resume Scope of Work – Finish Installation Scope of Work in the Field by Local GC” on sheet 4/ M-0.1 in the State Approval Submittal set of drawings dated 04-29- 2022 to understand the scope of work to be completed in the field by others upon delivery of the Modules for the Community Buildings to the site:

1. Structural Steel Frames
a) Weld and assemble steel frame
b) Prep surface of steel members, prime steel members exposed to outside in crawlspace, paint steel members that are to remain exposed and visible outside. c) Install blocking and blocking fastener at steel beams d) Supply mating plates and bolts for Local GC to install in field for module to module connections. Note that the foundation weld plates are not supplied by Service Provider.

2. Floor Assembly
a) Install floor joists
b) Install insulation
c) Install plywood subfloor

3. Ceiling Assembly
a) Install gypsum board ceiling up to mateline seams. Note per “Resume Scope of Work – Finish Installation Scope of Work in the Field by Local GC” the gypsum board ceiling will not be installed by Service Provider in some locations to allow for installation of mechanical equipment in the field by Local GC.

4. Roofing Assembly
a) Install roof rafter and cripple wall framing
b) Install roof batt insulation and rigid insulation
c) Install plywood sheathing up to mateline

5. Wall Assembly
a) Install wall framing
b) Install batt insulation
c) Install interior gypsum board up to mateline
d) Install exterior plywood sheathing up to mateline
e) Install exterior flexible flashing and metal flas
hing, sill pans
f) Install exterior siding up to mateline
g
) Install exterior window and door assemblies
h) Supply roof awnings to be installed at exterior d oors by the Local GC in the field.

6. Utility - Mechanical
a) Install ceiling cassettes and wall mounted units with whips for the line sets as well as install thermostats b) Install HVAC ducted system in Exam Clinic with whips for the line sets, as well as install thermostats c) Supply condensing units for ceiling cassettes, wall mounted units and Exam Clinics ducted system installed in Modules
d) Install exhaust fans at all rooms identified in the plans e) Note per “Resume Scope of Work – Finish Installation Scope of Work in the Field by Local GC” some of the mechanical equipment will not be installed by Service Provider in some of the Community Buildings and will be supplied and installed in the field by Local GC.

7. Utility – Plumbing
a) Install water heaters with stub downs under floor of modules b) Install domestic water piping with stub downs under floor of modules c) Install plumbing fixtures in bathrooms.
d) Install sewer/ waster stub downs under floor of modules and rough pipe outlets in roof for vents e) Install floor drains as identified in the plans
f) Note per “Resume Scope of Work – Finish Installation Scope of Work in the Field by Local GC” some of the plumbing equipment and fixtures will not be installed by Service Provider in some of the Community Buildings and will be supplied and installed in the field by Local GC.

8. Utility - Fire Sprinklers
a) Install fire sprinkler manifold and riser
b) Install fire sprinkler heads and supply lines stub downs under floor of modules c) Install fire sprinkler alarm bell and/or interior horns/strobes per permitted plans 9 . Utility - Electrical
a) Install electrical panels
b) Install outlets, switches and lighting fixtures .
c
) Supply wall plates and trims for outlets, switches and lighting fixtures d) Install junction boxes under floor of modules for electrical crossover connections to be completed in the field by the Local GC
e) Install rough electrical for exterior lights and cameras f) Note per “Resume Scope of Work – Finish Installation Scope of Work in the Field by Local GC” some of the electrical equipment and fixtures will not be installed by Service Provider in some of the Community Buildings and will be supplied and installed in the field by Local GC. 1 0. Utility – Technology and Telecon
a) Install voice and data device outlet with conduit and pull string and ring stub downs under floor of modules

11. Delivery Prep
a) Install close-up plastic at exterior mating walls for shipping b) Secure ship loose items
c) Crib modules for truck pick up
d) Provide forklifts as needed for loading modules o
nto trucks
DATE: 5/24/2022
LOCATION: VICTORVILLE, CA
CONFIGURATION:

Models Size Quantity

COMMUNITY BUILDINGS
CAFETERIA 4,000 sf 1
WELLNESS CENTER 2,400 sf 1
RECUPERATIVE CARE CENTER 1,600 sf 1
EXAM CLINIC 1,600 sf 1
DESIGN Total
Item Notes Subtotals 220,000$
DESIGN DEVELOPMENT - Community Buildings 88,000$
FABRICATION DRAWINGS - Community Buildings 132,000$

PRODUCTION
Communal Buildings 3,122,315$ <1>
CAFETERIA (delivered with rough electrical, plumbing, mechanical and drywall) 1,179,100$ WELLNESS CENTER (delivered with rough electrical, plumbing, mechanical and drywall) 645,974$ RECUPERATIVE CARE CENTER (delivered with rough electrical, plumbing, mechanical and drywall) 469,205$ EXAM CLINIC (delivered with rough electrical, plumbing, mechanical and drywall) 620,255$ (2) CONNECT DECK 66,000$
(27) AWNINGS 36,180$

EXPEDITING OPTION
Add 8 hours on Saturdays 105,600$

STORAGE AND HANDLING
Item Per Unit Quantity Subtotals 43,200$
$500 24 12,000$ <4>
24 31,200$ <5>
INSTALLATION Total
Item Per Unit Quantity Subtotals NIC <2>
TRUCKING -$

SETTING EQUIPMENT
ESTIMATED PRELIMINARY PRICE 3,385,515$
PRE-DELIVERY ON-SITE WORK Total
Item NIC <3>
Preparation of site for the installation of Shelters is not included and shall be performed by a local contractor Foundations NIC
Utility hook ups NIC

NOTES ON PRICING
<1> Production costs are subject to change up until the Purchase Order is signed, at which time these costs are fixed for the Project <2> Installation costs will be included in the Purchase Order as actual costs plus a 15% fixed fee and are provided as an estimate only <3> Every site is different and will have varying levels of preparation required for the installation of the Shelter units. This estimate will fluctuate depending on site specific conditions and local labor rates <4> All site and installation work for the modules is excluded, including but not limited to, pre-delivery site work, delivery to the site, craning and setting the modules on site, any repair to modules as a result of transportation and setting, connections to foundation, utility connections on site to module stub down points of connections, final testing of all systems <5> Storage allowance required for modules not picked up from Connect Homes factory within 5 days of production completion.

Module handling/loading and delivery to CH
designated storage site
Storage allowance (assumes holding modules
for 26 days until install date of November 1,
2022)
$50 per day per
module
(10) 10' X 40' modules + (2) Connect Decks + (1) 4' d x 6' w + (4) 3' d x 3' w + (1) 3' d x 6' w awnings (6) 10' X 40' modules + (1) 4' d x 6' w + (4) 3' d x 3' w + (2) 3' d x 4' w awnings (4) 10' x40' modules + (2) 3' d x 3' w + (1) 4' d x 3' w + (1) 4' d x 10' w awnings (4) 10' x40' modules + (1) 4' d x 6' w + (4) 3' d x 4' w awnings

CONNECT SHELTER COMMUNITY BUILDING PRICING PROPOSAL
EXHIBIT "C-1"
CAFETERIA Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Exterior Finishes Structure X H eavy Gauge Steel Frame Module Siding X F iber Cement Boards, Smooth, Pure White SW 7005 X F iber Cement Boards [Latex Blue Chip SW 6959, Dynamic Blue SW 6958] Upgrade: Add Other Logos/Super Graphics [Color], [Location], [Quantity], [Size] Upgrade: 1" T4 Profile, Kynar Finish
Windows
X A ll Weather Architectural Aluminum Doors & Windows, Finish: Bronze Anodized, Class I
Exterior Doors X K awneer 350 Medium Stile Entrance Doors or equivalent X D MA Metal Man Door or equivalent
Exterior Door Hardware X A llegion, Rhodes Handle [626 Satin Chrome] or equivalent Upgrade: [Other Model]
Exterior Wall Light X P athfinder LED Outdoor Wall Sconce 52120ABZ X P rovide J Boxes for Security Cameras or Other Lighting Outdoor Receptacle X T aymac Weatherproof Cover, Finish: White Fire Rated Walls X N one
Upgrade: Exterior Walls per owner provided plan
Awnings X ( 1) Solid Metal Awning, 4' x 6'
X ( 4) Solid Metal Awning, 3'x 3'
X ( 1) Solid Metal Awning, 3' x 6'
Connect Deck X ( 2) Connect Decks (10x40)
1 CAFETERIA Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Interior Finishes Ceiling Height X 8'-6"
Wall Finish X Sherwin-Williams, Pure White SW 7005
FRP Wall panels, Crane GlasBord, Smooth White, Semigloss with trims Lighting
X 4'' x 4' Linear LED Flush Extruded Acrylic Lens Recessed X 4'' x 4' Linear LED Flush Extruded Acrylic Lens With 90 Minute Battery Backup X 4'' LED Downlight
X 4' LED Downlight With 90 Minute Battery Backup
X 1' x 4' LED Strip Light
X 3.5'' x 4' LED Linear Direct Finish With Powder Coat
X 3.5'' x 4' LED Linear Direct Finish With Powder Coat With 90 Minute Battery Backup
X 4'' x 2' Linear LED Flush Extruded Acrylic Lens
X 3.5'' x 2' LED Linear Direct Finish With Powder Coat
X Surface Mounted Single Faced Exit Sign
Switches X Leviton Decora Rocker Quite Switch
X nLight Controls System or Comparable
X Motion Sensor, Ceiling Mounted
X Levition Decora Motion Sensor Switch
Outlets X Leviton Decora Series, White or Equivalent
Furniture/Features None
X Blocking For Owner Provided Millwork per plan
Women's Toilet
3 Sink X (2) American Standard Lucerne Wall Hung Lavatory, Vitreous China, White (0355.012) or equivalent
Sink Faucet X (2) Chicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) or equivalent Toilets X (3) Acorn 'Neo-Metro' Wall-Hung Toilet, Powder Coated Gloss White (8951-W-1- EG10) or equivalent
Wall Tile on wet walls X Daltile Linear 4x12, Subway Tile, Horizontal, Finish:TBD Men's Toilet Sink X (2) American Standard Lucerne Wall Hung Lavatory, Vitreous China, White (0355.012) or equivalent
2 CAFETERIA Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Wall Tile on wet wallsX D altile Linear 4x12, Subway Tile, Horizontal, Finish:TBD Sink Faucet X ( 2) Chicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) or equivalent Toilet X (2) Acorn 'Neo-Metro' Wall-Hung Toilet, Powder Coated Gloss White (8951-W-1- EG10) or equivalent
Urinal X ( 1) Sloan Standard Washdown Urinal (SU-1009-STG) or equivalent Employee Toilet Sink X (1) American Standard Lucerne Wall Hung Lavatory, Vitreous China, White (0355.012) or equivalent
Sink Faucet X ( 1) Chicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) or equivalent Toilet X (1) Acorn 'Neo-Metro' Wall-Hung Toilet, Powder Coated Gloss White (8951-W-1- EG10) or equivalent
Wall Tile on wet wallsX D altile Linear 4x12, Subway Tile, Horizontal, Finish:TBD Laundry Room Laundry Room Sink With
Faucet X (1) Advance Tabco 7-PS-68 Hand Sink or equivalent Custodial Room Service Sink X
(1) American Standard FlorWell Floor Mount Casst Iron Service Sink#7745.811 or equivalent
Service Sink Faucet X ( 1) Chicago Faucets Manual Faucet (897-CP) or equivalent 5 4
6 7
CAFETERIA Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Systems Mechanical X Ceiling Cassettes
X Wall Mounted Units
X Fujitsu Ductless Heat Pump, Indoor Units
Ventilation None
X Commercially Rated ERV
X Exhaust Fan
On Demand Water Heater X Bradford White, Commercial Ultra High Efficiency Gas Water Heater (Model No.

EF-120T-490-3N(A)) or equivalent
Fire: Smoke / CO
Alarms X Rough Ins only
Upgrade: Nest
Solar None
X Upgrade: Solar Ready
Thermostats X Wall Controllers
X Central Main Controller
Firesprinklers None
X Automatic Dry Firesprinkler System
X Provide Strobes
Ext. Lights Control X Control From Building Interior
X Controlled Onsite
Power X 2 1/2" Non Metallic PVC Schedule 40 Conduit Stub Out or Equivalent Upgrade: Nema Plug for Owner Provided Generator
Low Voltage X Rough Ins only
Structural Support X Foundation Weld Plate to be provided by Site GC 8 A
B
21 3 4 5 6 7 8 9 10 11 10.1 2.1
AA
121 SF

CUSTODIAL
ROOM

1.8 167 SF

WOMEN'S
TOILET

1.9 151 SF

MEN'S TOILET

1.10 117 SF

UTILITY ROOM

1.7 1214 SF

SEATING AREA

1.0 373 SF

SEATING AREA
(OPTIONAL

CLASSROOM)

1.2 373 SF

SEATING AREA
(OPTIONAL

CLASSROOM)

1.1 61 SF

EMPLOYEE
TOILET

1.5 868 SF

KITCHEN AREA

1.4 196 SF

LAUNDRY
ROOM

1.6 18.1 19.1 110.1

10.1 11.1
11A 11B
12C 12D

12.1 10.2

15.1 14.2 16.1

17.1 14.1
10A
16A
10D
12B
12A
10' - 0 1/2" 40' - 0"
50' - 0 1/2"

COVERED DECK
795 SF
Cafeteria - Floor Plan
Accent Panel
Dynamic Blue Satin SW 6958
Accent Panel
Latex Blue Chip SW 6959

SIDING MATERIALS
Door and Window Trim,
Accent Panel per Elevation
Satin, SW 6258 Tricon Black
Typical Panel
SW 7005 Pure White

18.1 19.1 110.1 10A 10.1 11.1 11A 11B
16A

17.1 OPEN
Cafeteria - Elevations
1/8" = 1'-0" 1SOUTH ELEVATION
1/8" = 1'-0" 2WEST ELEVATION
10E 10F 12A 12B OPEN
12C 12D 12.1 10.2 14.2 16.1 10D
Accent Panel
Dynamic Blue Satin SW 6958
Accent Panel
Latex Blue Chip SW 6959

SIDING MATERIALS
Door and Window Trim,
Accent Panel per Elevation
Satin, SW 6258 Tricon Black
Typical Panel
SW 7005 Pure White
Cafeteria - Elevations
1/8" = 1'-0" 4EAST ELEVATION
1/8" = 1'-0" 3NORTH ELEVATION
WELLNESS CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Exterior Finishes Structure X Heavy Gauge Steel Frame Module Siding X Fiber Cement Boards, Smooth, Pure White SW 7005 X Fiber Cement Boards [Latex Blue Chip SW 6959, Dynamic Blue SW 6958] Upgrade: Add Other Logos/Super Graphics [Color], [Location], [Quantity], [Size] Upgrade: 1" T4 Profile, Kynar Finish
Windows None
X All Weather Architectural Aluminum Doors & Windows, Finish: Bronze Anodized, Class I
Exterior Doors X Kawneer 350 Medium Stile Entrance Doors or equivalent X DMA Metal Man Door or equivalent
Exterior Door Hardware X Allegion, Rhodes Handle [626 Satin Chrome] or equivalent Upgrade: [Other Model]
Exterior Wall Light X Pathfinder LED Outdoor Wall Sconce 52120ABZ X Provide J Boxes for Security Cameras or Other Lighting Outdoor Receptacle X Taymac Weatherproof Cover, Finish: White Fire Rated Walls X None
Upgrade: Exterior Walls Per Owner Provided Plan
Awnings
X (1) Solid Metal Awning, 4'x 6'
X (4) Solid Metal Awning, 3'x 3'
X (2) Solid Metal Awning, 3'x 4'
1 WELLNESS CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Interior Finishes Ceiling Height X 8 '-6"
Wall Finish X S herwin-Williams, Pure White SW 7005
FRP Wall panels, Crane GlasBord, Smooth White, Semigloss with trims Recessed Lighting X 4 '' x 4' Linear LED Flush Extruded Acrylic Lens Recessed X 4 '' x 4' Linear LED Flush Extruded Acrylic Lens With 90 Minute Battery Backup X 4 '' LED Downlight
X 4 ' LED Downlight With 90 Minute Battery Backup
X 1 ' x 4' LED Strip Light
X S urface Mounted Single Faced Exit Sign
Switches X L eviton Decora Rocker Quite Switch
X n Light Controls System or equivalent
X M otion Sensor, Ceiling Mounted
X L evition Decora Motion Sensor Switch
Outlets X L eviton Decora Series, White or Equivalent
Furniture/Features None
X Blocking For Owner Provided Millwork per plan
2 WELLNESS CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Janitor's Closet Sink X
(1) American Standard FlorWell Floor Mount Casst Iron Service Sink#7745.811 or equivalent
Sink Faucet X ( 1) Chicago Faucets Manual Faucet (897-CP) All-Gender Toilet Sink X (1) American Standard Lucerne Wall Hung Lavatory, Vitreous China, White (0356014.020)
Sink Faucet X ( 1) Chicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) Toilet X (1) Acorn 'Neo-Metro' Wall-Hung Toilet, Powder Coated Gloss White (8951-W-1- EG10)
4 3
WELLNESS CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Systems Mechanical X C eiling Cassettes
X W all Mounted Units
5 X F ujitsu Ductless Heat Pump, Indoor Units
Ventilation None
X C ommercially Rated ERV
X E xhaust Fan
On Demand Water Heater X B radford White, Commercial Utility Electric Water Heater (Model No. LE112T3-1) Fire: Smoke / CO
Alarms X Rough Ins only
Upgrade: Nest
Solar None
X U pgrade: Solar Ready
Thermostats X W all Controllers
X C entral Main Controller
Firesprinklers None
X A utomatic Dry Firesprinkler System
X P rovide Strobes
Ext. Lights Control X C ontrol From Building Interior
X C ontrolled Onsite
Power X 2 1/2" Non Metallic PVC Schedule 40 Conduit Stub Out or Equivalent Upgrade: Nema Plug for Owner Provided Generator
Low Voltage X R ough Ins only
Structural Support X F oundation Weld Plate to be provided by Site GC A
B
2 134
C
29' - 11 1/2"
80' - 0 1/2"

INTERVIEW RM

1.1 WORKSTATIONS

1.4 OFFICE

1.6 STORAGE

1.9 ALL GENDER
TOILET

1.10 JANITOR'S
CLOSET

1.12 UTILITY ROOM

1.15 CONFERENCE
ROOM

1.14 OFFICE

1.13 OFFICE

1.11 OFFICE

1.8 LOBBY/WAITING

1.0 DIRECTOR'S
OFFCE

1.5 WORKSTATIONS

1.4 WORKSTATIONS

1.4 RECEPTION

1.3 11B
11A

11.1 10.2
10A

10.1 13A
14C
14A 16A
15A 14B

15.1 16.1 19.1

18.1 110.1
111.1
18A
112.1
113.1
113A
117.1
114.1
114C
114B
114A
111A
115.1
Wellness Center - Floor Plan

SIDING MATERIALS
Accent Panel
Dynamic Blue Satin SW 6958
Accent Panel
Latex Blue Chip SW 6959

SIDING MATERIALS
Door and Window Trim,
Accent Panel per Elevation
Satin, SW 6258 Tricon Black
Typical Panel
SW 7005 Pure White
114A 114B
114C 113A 111A 18A 15A 14B 14C 11A
Wellness Center - Elevations
1/8" = 1'-0" 2SOUTH ELEVATION
1/8" = 1'-0" 1EAST ELEVATION

SIDING MATERIALS
Accent Panel
Dynamic Blue Satin SW 6958
Accent Panel
Latex Blue Chip SW 6959

SIDING MATERIALS
Door and Window Trim,
Accent Panel per Elevation
Satin, SW 6258 Tricon Black
Typical Panel
SW 7005 Pure White
117.1 115.116A14A13A10.1
11B 10A
Wellness Center - Elevations
1/8" = 1'-0" 3WEST ELEVATION
1/8" = 1'-0" 4NORTH ELEVATION
RECUPERATIVE CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Exterior Finishes Structure X H eavy Gauge Steel Frame Module Siding X F iber Cement Boards, Smooth, Pure White SW 7005 X F iber Cement Boards [Latex Blue Chip SW 6959, Dynamic Blue SW 6958] Upgrade: Add Other Logos/Super Graphics [Color], [Location], [Quantity], [Size] Upgrade: 1" T4 Profile, Kynar Finish
Upgrade: Add Other Logos/Super Graphics [Color], [Location], [Quantity], [Size] Upgrade: 1" T4 Profile, Kynar Finish
Windows X All Weather Architectural Aluminum Doors & Windows, Finish: Bronze Anodized, Class I
Exterior Doors X K awneer 350 Medium Stile Entrance Doors or equivalent X D MA Metal Man Door or equivalent
Exterior Door Hardware X A llegion, Rhodes Handle [626 Satin Chrome] or equivalent Upgrade: [Other Model]
Mechanical Room Door X N one
Exterior Wall Light X P athfinder LED Outdoor Wall Sconce 52120ABZ X P rovide J Boxes for Security Cameras or Other Lighting Outdoor Receptacle X T aymac Weatherproof Cover, Finish: White Fire Rated Walls X N one
Upgrade: Exterior Walls Per Owner Provided Plan
Awnings X ( 2) Solid Metal Awning, 3'x 3'
X ( 1) Solid Metal Awning, 4'x 3'
X ( 1) Solid Metal Awning, 4' x 10'
1 RECUPERATIVE CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Interior Finishes Ceiling Height X 8 '-6"
Wall Finish X S herwin-Williams, Pure White SW 7005
FRP Wall panels, Crane GlasBord, Smooth White, Semigloss with trims Recessed Lighting X 4 '' x 4' LED Flush Extruded Acrylic Lens X 4 '' x 4' LED Flush Extruded Acrylic Lens With 90 Minute Battery Backup X 4 " LED Downlights
X 4 " LED Downlights With 90 Minute Battery Backup
X 1 ' x 4' LED Strip Light
X S urface Mounted Single Faced Exit Sign
Switches X L eviton Decora Rocker Quite Switch
X nLight Controls System or Comparable
X M otion Sensor, Ceiling Mounted
X L evition Decora Motion Sensor Switch
Outlets X L eviton Decora Series, White or Equivalent
Furniture/Features None
X Blocking For Owner Provided Millwork per plan
2 RECUPERATIVE CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Medical
Coordination
Office
Sink
X ( 1) Just Sink Stylist ADA Single Bowl Drop-in Sink, Stainless Steel (SL-ADA-2019- A-GR) orr equivalent
Sink Faucet X ( 2) Chicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) or equivalent Home Health
Office
Sink X (1) Just Sink Stylist ADA Single Bowl Drop-in Sink, Stainless Steel (SL-ADA-2019- A-GR) orr equivalent
Sink Faucet X ( 2) Chicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) or equivalent All-Gender Toilet Sink X (1) Just Sink Stylist ADA Single Bowl Drop-in Sink, Stainless Steel (SL-ADA-2019- A-GR) orr equivalent
Sink Faucet X ( 2) Chicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) or equivalent Toilets X (3) Acorn 'Neo-Metro' Wall-Hung Toilet, Powder Coated Gloss White (8951-W-1- EG10) or equivalent
5 3
4 RECUPERATIVE CENTER Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Systems Mechanical X Ceiling Cassettes
X Wall Mounted Units
6 X Fujitsu Ductless Heat Pump, Indoor Units
Ventilation None
X Commercially Rated ERV
X Exhaust Fan
On Demand Water Heater X (1) EEMax LavAdvantage Tankless Water Heater (SPEX4208T) X (2) EEMax LavAdvantage Tankless Water Heater (SPEX8208T) Fire: Smoke / CO
Alarms X Rough Ins only
Upgrade: Nest
Solar None
X Upgrade: Solar Ready
Thermostats X Wall Controllers
X Central Main Controller
Firesprinklers None
X Automatic Dry Firesprinkler System
X Provide Strobes
Ext. Lights Control X Control From Building Interior
X Controlled Onsite
Power X 2 1/2" Non Metallic PVC Schedule 40 Conduit Stub Out or Equivalent Upgrade: Nema Plug for Owner Provided Generator
Low Voltage X Rough Ins only
Structural Support X Foundation Weld Plate to be provided by Site GC BA
4 5
3 2
1 40' - 0"

MEDICAL

COORDINATION
OFFICE

1.10 HOME HEALTH
OFFICE

1.11 COUNSELING
OFFICE

1.12 SECURITY

CHECK ENTRY

1.0 SECURITY
OFFICE

1.1 FIRE RISER

1.3 TOILET (ALL

GENDER)

1.9 MEDICAL
ROOM

1.8 WORKSTATION

1.7 RECEPTION

1.6 LOBBY/

WAITING

1.5 112.1
111.1

15.2 18.1

19.1 110.1

11.1 17.1

14.1 13.1

10.110.2
110A

HALLWAY

1.4 110B
111A
112A
11A
17A

15.1 SERVER ROOM

1.2 12.1
39' - 11 1/2"

UTILITY
CLOSET

1.13 113.1
Recuperative Center - Floor Plan

SIDING MATERIALS
Accent Panel
Dynamic Blue Satin SW 6958
Accent Panel
Latex Blue Chip SW 6959

SIDING MATERIALS
Door and Window Trim,
Accent Panel per Elevation
Satin, SW 6258 Tricon Black
Typical Panel
SW 7005 Pure White
110B 111A 112A 14.1 13.1
17A17.1 110A 10.2 10.1

15.111A
Recuperative Center - Elevations
1/8" = 1'-0" 2WEST ELEVATION
1/8" = 1'-0" 1NORTH ELEVATION
1/8" = 1'-0" 3SOUTH ELEVATION
1/8" = 1'-0" 4EAST ELEVATION
CLINIC Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Exterior Finishes Structure X H eavy Gauge Steel Frame Module Siding X F iber Cement Boards, Smooth, Pure White SW 7005 X F iber Cement Boards [Latex Blue Chip SW 6959, Dynamic Blue SW 6958] Upgrade: Add Other Logos/Super Graphics [Color], [Location], [Quantity], [Size] Upgrade: 1" T4 Profile, Kynar Finish
Windows
X A ll Weather Architectural Aluminum Doors & Windows, Finish: Bronze Anodized, Class I
Exterior Doors X K awneer 350 Medium Stile Entrance Doors or equivalent X D MA Metal Man Door or equivalent
Exterior Door Hardware X A llegion, Rhodes Handle [626 Satin Chrome] or equivalent Upgrade: [Other Model]
Exterior Wall Light X P athfinder LED Outdoor Wall Sconce 52120ABZ X P rovide J Boxes for Security Cameras or Other Lighting Outdoor Receptacle X T aymac Weatherproof Cover, Finish: White Fire Rated Walls X N one
Upgrade: Exterior Walls per owner provided plan
Awnings X ( 1) Solid Metal Awning, 4' x 6'
X ( 4) Solid Metal Awning, 3'x 3'
X ( 1) Solid Metal Awning, 3' x 6'
1 CLINIC Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Interior Finishes Ceiling Height X 8 '-6"
Wall Finish X S herwin-Williams, Pure White SW 7005
FRP Wall panels, Crane GlasBord, Smooth White, Semigloss with trims Lighting X 4 '' x 4' Linear LED Flush Extruded Acrylic Lens Recessed X 4 '' x 4' Linear LED Flush Extruded Acrylic Lens With 90 Minute Battery Backup X 4 '' LED Downlight
X 4 ' LED Downlight With 90 Minute Battery Backup
X 1 ' x 4' LED Strip Light
X S urface Mounted Single Faced Exit Sign
Switches X L eviton Decora Rocker Quite Switch
X nLight Controls System or Comparable
X M otion Sensor, Ceiling Mounted
X L evition Decora Motion Sensor Switch
Outlets X L eviton Decora Series, White or Equivalent
Furniture/Features None
X Blocking For Owner Provided Millwork per plan
Staff Toilet
3 Sink X American Standard Lucerne Wall Hung Lavatory, Vitreous China, White (0355.012) or equivalent
Sink Faucet X C hicago Faucets Electronic Sensor Faucet (EQ-A12C-63ABCP) or equivalent Toilets X Acorn 'Neo-Metro' Wall-Hung Toilet, Powder Coated Gloss White (8951-W-1- EG10) or equivalent
Wall Tile on wet walls X D altile Linear 4x12, Subway Tile, Horizontal, Finish:TBD Lab Room Sink X Just Sink Stylist ADA Single Bowl Drop-in Sink, Stainless Steel (SL-ADA-2019-A- GR) orr equivalent
Sink Faucet X C hicago Faucets Manual Sink Faucet (201G8AE3-317AB) or equivalent Countertops IKEA Ekbaken Counteropt, (Concrete) or equivalent 4 2
CLINIC Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Clean Utility Room Sink X Just Sink Stylist ADA Single Bowl Drop-in Sink, Stainless Steel (SL-ADA-2019-A- GR) orr equivalent
Sink Faucet X C hicago Faucets Manual Sink Faucet (201G8AE3-317AB) or equivalent Countertops IKEA Ekbaken Counteropt, (Concrete) or equivalent Dirty Utility Room Sink X Just Sink Stylist ADA Single Bowl Drop-in Sink, Stainless Steel (SL-ADA-2019-A- GR) orr equivalent
Sink Faucet X C hicago Faucets Manual Sink Faucet (201G8AE3-317AB) or equivalent Service Sink X Z urn Floor Mounted Jet Service Sink (Z5420 - Z70843AV-BWN) or equilvalent Service Sink Faucet X C hicago Faucets Manual Sink Faucet (201G8AE3-317AB) or equivalent Countertops IKEA Ekbaken Counteropt, (Concrete) or equivalent Exam Room Millwork with Sink X G oodTimes Medical ADA Cabinet H27" W 30" D24" Sink Faucet X Chicago Faucets Manual Sink Faucet (201G8AE3-317AB) or equivalent Exam Room Millwork with Sink X G oodTimes Medical ADA Cabinet H27" W 30" D24" Sink Faucet X C hicago Faucets Manual Sink Faucet (201G8AE3-317AB) or equivalent Exam Room Millwork with Sink X G oodTimes Medical ADA Cabinet H27" W 30" D24" Sink Faucet X C hicago Faucets Manual Sink Faucet (201G8AE3-317AB) or equivalent 7 8
9 6
5 CLINIC Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

05.24.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Systems Mechanical X C eiling Cassettes
X W all Mounted Units
X F ujitsu DuctedHeat Pump, Indoor Units
Ventilation None
X C ommercially Rated ERV
X E xhaust Fan
X A ir Filter
On Demand Water Heater X Bradford White, Commercial Ultra High Efficiency Gas Water Heater (Model No.

EF-120T-490-3N(A)) or equivalent
Fire: Smoke / CO
Alarms X Rough Ins only
Upgrade: Nest
Solar None
X U pgrade: Solar Ready
Thermostats X W all Controllers
X C entral Main Controller
Firesprinklers None
X A utomatic Dry Firesprinkler System
X P rovide Strobes
Ext. Lights Control X C ontrol From Building Interior
X C ontrolled Onsite
Power X 2 1/2" Non Metallic PVC Schedule 40 Conduit Stub Out or Equivalent Upgrade: Nema Plug for Owner Provided Generator
Low Voltage X R ough Ins only
Structural Support X F oundation Weld Plate to be provided by Site GC 10 BA
4 5
3 2
1 40' - 0"
111 SF
LOBBY/

WAITING

1.0 113 SF

RECEPTION/

WORKSTATION

1.3 54 SF

STAFF TOILET

1.4 65 SF

DIRTY UTILITY

1.7 68 SF

CLEAN UTILITY

1.6 73 SF
LAB. ROOM

1.5 68 SF

PROVIDER
OFFICE

1.8 94 SF

EXAM ROOM

1.9 94 SF
EXAM. ROOM

1.10 98 SF
EXAM. ROOM

1.11 38 SF

UTILITY ROOM

1.12 189 SF

WORKSTATION

1.1 124 SF

HALLWAY

1.2 1.10

1.20 10B13A
18A
18B 19A 110A 111A

11.2 10A

1.11 1.60 1.50

1.80 1.90 11.0 11.1

STAFF OFFICE

1.13 HALLWAY

1.14 11.3 W/H CLOSET

1.15 11.4
113C
39' - 11 1/2"

12.2 12.1

1.70 14.1

12.3 Exam Clinic - Floor Plan

SIDING MATERIALS
Accent Panel
Dynamic Blue Satin SW 6958
Accent Panel
Latex Blue Chip SW 6959

SIDING MATERIALS
Door and Window Trim,
Accent Panel per Elevation
Satin, SW 6258 Tricon Black
Typical Panel
SW 7005 Pure White
18A113C18B 19A 110A 111A
10B1.10 13A 1.20 11.2 10A11.4
Exam Clinic - Elevations
1/8" = 1'-0" 4WEST ELEVATION
1/8" = 1'-0" 2SOUTH ELEVATION
1/8" = 1'-0" 1NORTH ELEVATION
1/8" = 1'-0" 3EAST ELEVATION

COMMUNITY BUILDING EXHIBIT “C-2”

Resume Scope of Work – Finish Installation Scope of Work in the Field by Local GC

Community Buildings – General Scope of Work for all Buildings

1. Transportation
a) The local general contractor or responsible party for setting the modules at the project site (the “Local GC”) will coordinate and provide the transportation and transportation permits of the modules from the Manufacturer’s factory or storage site to the project site. b) Manufacturer shall provide the Local GC the height, width and approximate weight of the modules. c) The modules will be fully wrapped in plastic by the Manufacturer and will be resistant to weather. d) The steel frames of the modules are equipped with steel stiffener plates along the faces of the floor beams that truckers can use to place the chains through to tie the modules down to their trailers.

e) The modules shall be placed on wood blocks on the trucks to allow for the rigging straps to be placed under them on site for crane lifting.

2. Setting
a) The Local GC shall work out a staging plan and lifting plan for the setting of the modules at the project site with the crane and trucking companies and shall work with the Manufacturer to determine the sequence of modules to be delivered to the project site.

c) The modules will have pick points at the top corners. The Local GC shall screw in removable hoisting rings supplied by the Manufacturer into top plates. The Local GC and crane company shall coordinate the size of the crane, the type of spreader bar and order of modules to be set for each building for the setting of the modules at the project site.

3. Module to module connections
a) There are six midspan bolted connections at the steel roof beams along each mating seam between modules per the manufacturing state approved set of drawings dated 04/29/2022 sheet S -3.0, detail #1. The Local GC shall make these connections with the bolts, nuts and washers and plates provided by manufacturer.

b) The Local GC shall coordinate the welding and deputy inspections to weld the four welded connections at plates along the top and bottom of the steel columns along each mating seam between modules per the manufacturing state approved set of drawings dated 04/29/2022 sheet S-3.0, detail #2 and #3.

c) The Local GC shall rack and level modules to each other and to the foundation, ensuring that modules are within an ¼” tolerance between each other in the vertical plane along the walls and 1/8” tolerance between each other in the horizontal plane along the floors.

4. Module connection to foundation
a) The Local GC shall check that the concrete foundations to support the modules on site are built per the locally approved set of plans and that the tops of the stem walls and piers are level.

b) The Local GC shall check that the steel weld plates on top of the concrete stem walls and mid span piers are located at the correct locations per the locally approved set of plans. Local GC to add steel shim plates as needed on top of the steel weld plates to ensure modules are level.

c) The steel floor beams of the modules have steel plates at the bottom four corners of the modules and two at the midspan. After the modules have been racked, leveled and bolted, the Local GC shall coordinate the welding and deputy inspections to weld all the perimeter steel plates to the bottom of the modules to the steel weld plates on top of the concrete stem walls and piers as well as attach to the foundation the floor beam straps located at the midspan beams of all mating seams between modules per the manufacturing state approved set of drawings dated 04/29/2022 sheet S-5.0, detail #2, #3, #4.

d) The concrete walkway surrounding most of the community buildings must be installed post -delivery and setting of the modules to allow for access to weld the modules to foundation as well as install the metal flashing around the base of the module walls per the architectural plans detail 3/ A -3.3 by CMC Architects and Engineers.

5. Floor Assembly
a) Install subfloor plywood supplied by manufacturer at mateline per the manufacturing state approved set of drawings dated 04/29/2022 sheet S-4.0B detail #2 and sheet F-5.1 detail # 1. Sand plywood along matelines as needed to ensure a level finish.
b) Supply and install finish flooring.
c) Supply and install door stops or floor transitions needed for ADA compliance, install cover plates supplied by manufacturer for any devices or fixtures that manufacturer has installed in the floor.

6. Roof Assembly
a) Install plywood and rigid insulation supplied by manufacturer at mateline seam per the manufacturing state approved set of drawings dated 04/29/2022 sheet S-4.0B detail #1 and sheet F-5.1 detail #2.

b) Supply and install roof crickets.
c) Supply and install PVC roofing membrane.
d) Supply and install metal parapet caps.
e) Supply and install roof vent caps, T-tops and termination caps. f) Supply and install scuppers and downspouts.
g) Supply and install gypsum board along ceiling at mateline seam and float as required for a smooth transition between modules per the manufacturing state approved set of drawings dated 04/29/2022 sheet F-5.1 detail #2.

h) Prime ceiling along mateline seams and paint all ceilings with paint supplied by manufacturer.

7. Wall Assembly
a) Install Zip system sheathing, flashing tape cement board, metal T trims and metal base supplied by manufacturer at exterior mateline seams per the manufacturing state approved set of drawings dated 04/29/2022 sheet F-5.0 detail #5.
b) Supply and install expanding spray foam between steel columns and rigid insulation at mateline seams per the manufacturing state approved set of drawings dated 04/29/2022 sheet F-5.0 detail #5. c) Install roof awnings supplied by manufacturer at specified door locations per the manufacturing state approved set of drawings dated 04/29/2022 sheet F-5.1 detail #3. d) Supply and install exterior security cameras and exterior wall sconces. e) Supply and install gypsum board along walls at mateline seam and float as required for a smooth transition between modules.
f) Supply and install gypsum board to wrap all exposed interior steel columns. g) Prime walls along mateline seams and paint all walls with paint supplied by manufacturer. h) Supply and install wall base.
i) Supply and install metal flashing around the base of the module walls before the concrete walkway surrounding the community buildings is poured and then caulk the seam per the architectural plans detail 3/ A-3.3 by CMC Architects and Engineers.

8. Utility Connection – Mechanical
a) Install condensing units supplied by manufacturer at specified exterior pad locations on site. b) Supply and install power and high limit condensate shut off switch for each condenser. c) Supply and install sleeves in foundation stem wall for line set connections from air units in modules to condenser locations on site.
d) Ceiling cassette units and wall mounted units installed by manufacturer in modules shall have their refrigerant piping/ line sets stub down under the floor of the module and the Local GC shall connect the line sets in the crawlspace to the condensing unit on site. e) Connect and program thermostats supplied by manufacturer. f) Extend condensate drain line stub downs to planters on site. g) Extend outside air ducts on roofs for ceiling cassette units to required height and install termination caps.
h) Start up and charge mechanical system and test system.

9. Utility Connection – Plumbing
a) Connect under the floor domestic water piping stub downs/ points of connections for water heaters to domestic water service line stub up in crawlspace.
b) Connect under the floor domestic water piping stub downs for plumbing fixtures to water heater in the crawlspace when fixture and water heater are not located in the same module. c) Supply and install gas sub meters and earthquake valves and connect under the floor gas piping stub downs for gas appliances and equipment to gas service line stub up in crawlspace. d) Supply and install a sewer/ waste branch line in crawlspace connecting under the floor drain piping and vent piping sewer/ waste stub downs and connect to sewer/ waste stub up in crawlspace. Provide clean- outs in lines.
e) Extend manufacturer installed roof vents as needed to meet roofing manufacturer requirements for skirt and install skirting and termination cap.

10. Utility Connection – Fire Sprinklers
a) Connect under the floor fire sprinkler riser stub down to main fire sprinkler service line stub up in crawlspace.
b) Connect under the floor fire sprinkler line stub downs in each module to fire sprinkler manifold. c) Supply and install inspectors test and drain.
d) Test system.

11. Utility Connection – Electrical
a) Connect site electrical underground distribution with underground conduit to under the floor main electrical panel stub downs in crawlspace to main panel. b) Supply and install surge protection and grounding for each panel. c) Each module will have an under the floor junction box installed by manufacturer with the wiring for the module clearly labeled for each circuit. The Local GC shall run conduit and pull wires in the crawlspace from each junction box back to the electrical panels in the utility room. d) Each module will have some wiring in the junction box that will need to be connected to an adjacent module to complete an electrical crossover connection. The Local GC shall run conduit and pull wires in the crawlspace from adjacent junction boxes to make these connections. e) Test system.

12. Utility Connection – Technology and Telecom
a) Connect fiber line to each building and supply and install fiber termination panel in utility room. b) Connect voice copper line to each building and supply and install voice copper termination panel. c) Supply and install ladder rack, wall mounted rack equipment and grounding busbar in utility room per the manufacturing state approved set of drawings dated 04/29/2022 sheet T-3.0 and T-6.0.

d) Each voice and data device outlet installed by the manufacturer in the module will have a conduit and pull string and ring stub down in the crawlspace. The Local GC shall pull all data lines from each device back to the panels in the utility room.
e) Supply and install security cameras at exterior J-box locations.

Community Buildings – Specific Scopes of Work for each Building

A. Cafeteria Building

0.0 Covered Deck
a) Install Zip system sheathing, flashing tape and cement board supplied by manufacturer at column locations adjacent to building per the manufacturing state approved set of drawings dated 04/29/2022 sheet M-5.3 detail #4.

b) Install any remaining decking supplied by manufacturer at covered deck modules that was left off to provide module connection access.

b) The Local GC to install any guardrail required around the decking if required due to height above finished grade.

1.0 Seating
a) Supply and install countertops, casework, appliances and kitchen equipment. b) Supply and install drinking fountains and handrail.

1.1 Seating/ Optional Classroom
a) Supply and install movable wall partition panel assembly and movable partition accordion assembly.

1.2 Seating/ Optional Classroom
a) Supply and install movable wall partition panel assembly and movable partition accordion assembly.

1.4 Kitchen
a) Supply and install all kitchen equipment, including but not limited to, casework, countertops, appliances, equipment, plumbing fixtures, refrigeration units, hoods and finish wall surfaces per drawings by The Kitchen Professionals dated 05/03/2021.
b) Supply and install all rooftop mechanical equipment, including but not limited to, kitchen exhaust fans, make up air units, packages air conditioning units, exhaust fans and ductwork per the manufacturing state approved set of drawings dated 04/29/2022 sheet ME-2.1.

c) Supply and install rooftop equipment metal screen.
d) Supply and install ducting in attic space between roof rafters and ceiling joists in addition to vents and grilles per the manufacturing state approved set of drawings dated 04/29/2022 sheet ME-2.0.

e) Supply and install gypsum board ceiling, prime and paint ceiling, install finish trims on all recessed ceiling fixtures.

1.5 Employee Toilet
a) Supply and install all bathroom accessories, including but not limited to, toilet tissue dispensers, seat cover dispensers, restroom partitions, urinal screens, mirrors, soap dispensers and napkin disposal.

1.6 Laundry
a) Supply and install washing machines and dryers.

1.7 Utility Room

1.8 Custodial Room

1.9 Women’s Toilet
a) Supply and install all bathroom accessories, including but not limited to, toilet tissue dispensers, seat cover dispensers, restroom partitions, urinal screens, mirrors, soap dispensers and napkin disposal.

1.10 Men’s Toilet
a) Supply and install all bathroom accessories, including but not limited to, toilet tissue dispensers, seat cover dispensers, restroom partitions, urinal screens, mirrors, soap dispensers and napkin disposal.

B. Recuperative Care Center Building

1.0 Security Check/ Entry
a) Supply and install security metal detector equipment. b) Supply and install casework

1.1 Security Office

1.2 Server Room
a) Supply and install casework.

1.3 Utility Room

1.4 Hallway

1.5 Lobby/ Waiting
a) Supply and install casework.

1.6 Reception
a) Supply and install casework, counter and reception sliding glass window.

1.7 Workstation
a) Supply and install casework.

1.8 Medical Room

1.9 Toilet
a) Supply and install all bathroom accessories, including but not limited to, toilet tissue dispensers, seat cover dispensers, restroom partitions, urinal screens, mirrors, soap dispensers and napkin disposal. Install per architectural plans.

1.10 Medical Coordination Office
a) Supply and install casework.

1.11 Home Health Office

1.12 Counseling Office

C. Wellness Building

1.0 Lobby/ Waiting
a) Supply and install casework.

1.1 Interview Room

1.3 Reception
a) Supply and install casework, counter and reception sliding glass window. Install per architectural plans.

1.4 Workstations
a) Supply and install casework.

1.5 Director’s Office

1.6 Office

1.8 Office

1.9 Storage

1.10 Toilet
a) Supply and install all bathroom accessories, including but not limited to, toilet tissue dispensers, seat cover dispensers, restroom partitions, urinal screens, mirrors, soap dispensers and napkin disposal.

Install per architectural plans.

1.11 Office

1.12 Janitor’s Closet

1.13 Office

1.14 Conference Room

1.15 Utility Room

D. Exam/ Clinic Building

0.0 Mechanical
a) Supply and install return air ducts in the crawlspace, connecting to the bottom of vertical fan units installed by manufacturer in the modules.
b) Supply and install return air registers/grilles in floor. c) Ceiling cassette units and wall mounted units installed in modules by manufacturer shall have whips for their refrigerant piping/ line sets in the ceiling and the Local GC shall connect the line sets to the branch selector installed in ceiling by manufacturer. Local GC shall connect refrigerant piping/ line sets from branch selector to the condensing unit on site.

d) Supply and install condensate drain branch line on roof connecting the condensate drain stub ups by manufacturer to scupper.

1.0 Lobby/ Waiting
a) Supply and install casework.

1.1 Workstation
a) Supply and install casework.

1.2 Hallway
a) Supply and install gypsum board to wrap exposed interior steel columns.

1.3 Reception/ Workstation
a) Supply and install casework, counter and reception sliding glass window.

1.4 Staff Toilet
a) Supply and install all bathroom accessories, including but not limited to, toilet tissue dispensers, seat cover dispensers, restroom partitions, urinal screens, mirrors, soap dispensers and napkin disposal. Install per architectural plans.

1.5 Lab Room
a) Supply and install upper casework above sink.

1.6 Clean Utility
a) Supply and install upper casework above sink.

1.7 Dirty Utility
a) Supply and install upper casework above sink.

1.8 Provider Office

1.9 Exam Room
a) Supply and install upper casework above sink.

1.10 Exam Room
a) Supply and install upper casework above sink.

1.11 Exam Room
a) Supply and install upper casework above sink.

1.12 Utility Room

1.13 Staff Office
a) Supply and install casework.

1.14 Hallway

1.15 W/H Closet

EXHIBIT “D”

FEE SCHEDULE

Payment Schedule***
• Execution of amendment to Agreement – 20% of total compensation • Start of module 1 – 15% of total compensation
• Start of module 8 – 15% of total compensation
• Start of module 16 – 15% of total compensation
• Start of last module – 15% of total compensation
• Completion of last module – 10% of total compensation • Delivery of last module – 10% of total compensation

***If City does not select or require, in whole or in part, the “Storage and Handling” or the “Expediting Option” as set forth in the pricing on page 1 of Exhibit “C-1” of this Agreement, the total compensation amount specified in Section 3.A of the Agreement shall be reduced accordingly, and the reduced amount shall be used for purposes of calculating the percentage of total compensation due.

ATTACHMENT C

SB
LV LV
LV
LV
G DM
LV
MS
LV
MS
DM
LV LV
DM FEC
FEC
FEC
FEC

C O I L
1 M-3.1
A A
B B
2 2
1 1
2 M-3.1
M-3.0 1
M-3.0 3
M-3.0
4 M-3.0
2 40' - 0"
9' - 11 3/4"
3 3
10' - 0"
4 4
5 5
6 6
7 7
8 8
9 9
10 10
11 11
10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 10' - 0" 9' - 11 3/4" 99' - 11 1/2"
121 SF

CUSTODIAL
ROOM

1.8 167 SF

WOMEN'S
TOILET

1.9 151 SF

MEN'S TOILET

1.10 117 SF

UTILITY ROOM

1.7 1214 SF

SEATING AREA

1.0 373 SF

SEATING AREA
(OPTIONAL

CLASSROOM)

1.2 373 SF

SEATING AREA
(OPTIONAL

CLASSROOM)

1.1 61 SF

EMPLOYEE
TOILET

1.5 868 SF

KITCHEN AREA

1.4 196 SF

LAUNDRY
ROOM

1.6 D W
W
W
W
W
W
D
D
D
D
D
D

18.1 19.1 110.1 10.1 11.1
11A 11B
12C 12D 12.1 10.2

15.1 14.2 16.1

17.1 14.1
10A
16A
10D

10.1 2.1
1/4" 1/4"
18"
23 1/2"
30"
12" MIN 12" MIN
AA AA
M-4.1
1 M-4.1
4 2
35 M-4.1
8 6
79 13' - 0"
M-4.1
11 4' - 0 1/8"
M-4.1 12
M-4.0
8 M-4.0
1 8' - 11 3/4"
12B
12A
6 M/F -5.0
5 M/F -5.0
1 M/F -5.0
3 M/F -5.0

ROOF ACCESS LADDER (PER
SECTION 3277 - FIXED LADDERS)

TO BE SITE INSTALLED BY OTHERS

LOCATION OF HCD

INSIGNIA

LOCATION OF HCD

INSIGNIA
AWNING OVERHEAD, TYP.

KITCHEN EQUIPMENT
(HALFTONE) NIC. SHOWN

FOR REFERENCE TO

COORDINATE WITH FOOD

SERVICE EQUIPMENT

PROVIDER
6 M/F -5.0

ARCHITECTURAL
NORTH
N

NOT PART OF MANUFACTURING
SCOPE. TO BE BUILT ON SITE.

NOTE:

GRIDLINES ARE LOCATED AT OUTSIDE FACES OF

CORNER COLUMNS

ALL DOORS EXIT OUT ONTO SITE-BUILTS LANDINGS

ALL DIMENSIONS TO FACE OF STRUCTURE
2X6 WOOD FRAMED WALL
2X4 WOOD FRAMED WALL
SIM.

SIM.

TYP.
3 M/F -5.0 TYP.

LOCATION OF HCD

INSIGNIA

LOCATION OF HCD

INSIGNIA

KITCHEN EQUIPMENT
(HALFTONE) NIC. SHOWN

FOR REFERENCE TO

COORDINATE WITH FOOD

SERVICE EQUIPMENT

PROVIDER

CEMENT BOARDS FOLDING PARTITION

FOLDING PARTITION

DETAIL LEGEND

ARCHITECTURAL DETAIL

DATE ISSUED
Legal Disclaimer:

The house design, drawings and
specifications contained herein and provided
herewith are the exclusive property of Home
EC, Inc., Copyright 2018. The use of these
drawings and specifications shall be
restricted to the creation of a Home EC
product and shall not be used, in whole or in
part for any purpose for which they were not
intended without the express written consent
of Home EC, Inc. Reproduction or
publication by any method, in whole or in
part, is prohibited. Title to these designs,
drawings and specifications shall remain
with Home EC, Inc. without prejudice. Visual
contact with these plans and specifications
shall constitute prima facie evidence of the
acceptance of these restrictions.

SHEET
NUMBER
SHEET
SET
MODEL

HOME - ( )

COMMUNITY BUILDING

SHEET SET

SHEET TITLE
STATE

APPROVING AUTHORITY
706 S HILL ST, STE. 1060
LOS ANGELES, CA 90014
t: 310.622.9271
e: info@connect -homes.com

STAMP OF APPROVAL
08/31/2023

FLOOR PLAN
M-2.0
04-29-2022 - State Submittal
CONNECT SHELTER CAFETERIA BUILDING:

VICTORVILLE
4,000 SQ.FT.

CAFETERIA
16902 FIRST STREET, VICTORVILLE, CA 92395
1/4" = 1'-0" 1FINISH FLOOR PLAN

GENERAL NOTES

MS MS MS
DM DM
LV

DM DM DM DM
DM
LV
DM
LV
LV LV
2 M-3.1
A A
B B
2 2
1 1
1 M-3.1
M-3.0 2
M-3.0
4 M-3.0
36 M/F -5.0
9' - 11 3/4"
3 3
10' - 0"
4 4
9' - 11 3/4"
29' - 11 1/2"
40' - 0 1/4" 40' - 0 1/4"
C C
80' - 0 1/2"
17"

INTERVIEW RM

1.1 WORKSTATIONS

1.4 OFFICE

1.6 STORAGE

1.9 ALL GENDER
TOILET

1.10 JANITOR'S
CLOSET

1.12 UTILITY ROOM

1.15 CONFERENCE
ROOM

1.14 OFFICE

1.13 OFFICE

1.11 OFFICE

1.8 LOBBY/WAITING

1.0 DIRECTOR'S
OFFCE

1.5 WORKSTATIONS

1.4 WORKSTATIONS

1.4 RECEPTION

1.3 11B
11A

11.1 10.2
10A

10.1 13A 14C
14A
16A 15A
14B

15.1 16.1

19.1 18.1
110.1
111.1
18A
112.1
113.1
113A
117.1
114.1
114C
114B 114A
111A
M-4.0
3 6
5 4
M-4.0
1 5
M/F -5.0
3 M/F -5.0
1 M/F -5.0
1 M/F -5.1
9' - 4 5/8" 10' - 0 3/8" 8' - 7 1/2" 11' - 2" 8' - 0" 9' - 3" 11' - 0 5/8" 6' - 7 3/8" 9' - 9 3/8" 9' - 11" 9' - 4" 30' - 3 3/4" 6' - 1 1/4" 9' - 0 3/4" 20' - 0 5/8" 4' - 11 1/8"

ARCHITECTURAL
NORTH
N

NOT PART OF MANUFACTURING
SCOPE. TO BE BUILT ON SITE.

NOTE:

GRIDLINES ARE LOCATED AT OUTSIDE FACES OF

CORNER COLUMNS

ALL DOORS EXIT OUT ONTO SITE-BUILTS LANDINGS

ALL DIMENSIONS TO FACE OF STRUCTURE
2X6 WOOD FRAMED WALL
2X4 WOOD FRAMED WALL

EXTENT OF

AWNING ABOVE

EXTENT OF

AWNING ABOVE

LOCATION OF HCD

INSIGNIA

LOCATION OF HCD

INSIGNIA
6 M/F -5.0

DETAIL LEGEND

ARCHITECTURAL DETAIL
2 M-3.1
A A
B B
2 2
1 1
M-3.0 2
M-3.0
4 M-3.0
3 3
3 4
4 PARAPET @ PERIMETER OF

BUILDING

ROOF CRICKET
C C
9' - 11 3/4" 10' - 0" 9' - 11 3/4"
29' - 11 1/2"
40' - 0 1/4" 40' - 0 1/4"
80' - 0 1/2"
4 M/F -5.0
2 M/F -5.0
2 M/F -5.1
SOLID METAL AWNING, TYP.

PROVIDED BY MANUFACTURER

INSTALLED ON SITE BY OTHERS
RIDGE
1/4" / 12" 1/4" / 12"
1/4" / 12" 1/4" / 12"

ROOF CRICKET
SCUPPER AND 4"x3"
DOWNSPOUT, TYP.
3 FP-1.0
SOLID METAL AWNING, TYP.

PROVIDED BY MANUFACTURER

INSTALLED ON SITE BY OTHERS

ARCHITECTURAL
NORTH
N

NOT PART OF MANUFACTURING
SCOPE. TO BE BUILT ON SITE.

NOTE:

GRIDLINES ARE LOCATED AT OUTSIDE FACES OF

CORNER COLUMNS

ALL DOORS EXIT OUT ONTO SITE-BUILTS LANDINGS

ALL DIMENSIONS TO FACE OF STRUCTURE

CLASS A ROOFING ASSEMBLY TO

BE SITE INSTALLED BY OTHERS
COOL ROOF: WHITE SINGLE PLY
THERMOPLASTIC ROOFING. SEE
M-0.2/1 FOR SPECIFICATIONS
MECH. EQUIPMENT, TYP

REFER TO ME SERIES

DETAIL LEGEND

ARCHITECTURAL DETAIL

DATE ISSUED
Legal Disclaimer:

SHEET
NUMBER
SHEET
SET
MODEL

HOME - ( )

COMMUNITY BUILDING

SHEET SET

SHEET TITLE
STATE

APPROVING AUTHORITY
706 S HILL ST, STE. 1060
LOS ANGELES, CA 90014
t: 310.622.9271
e: info@connect -homes.com

STAMP OF APPROVAL
08/31/2023

FLOOR AND ROOF
PLANS
M-2.0
04-29-2022 - State Submittal
CONNECT SHELTER WELLNESS BUILDING:

VICTORVILLE
2,400 SQ.FT.

WELLNESS CENTER
16902 FIRST STREET, VICTORVILLE, CA 92395
1/4" = 1'-0" 1FINISH FLOOR PLAN
1/4" = 1'-0" 2ROOF PLAN
LV
LV
DM
DM
DM DM
MS
MS DM
LV
LV
LV
LV
FEC
FEC
1 M-3.1
B
B
A
A
44 55
2 M-3.1
M-3.0
3 M-3.0 4
M-3.0 2
40' - 0"
9' - 11 3/4"
A-9.X A-9.X
33 10' - 0"
22 11
10' - 0" 9' - 11 3/4"

MEDICAL

COORDINATION
OFFICE

1.10 HOME HEALTH
OFFICE

1.11 COUNSELING
OFFICE

1.12 SECURITY

CHECK ENTRY

1.0 SECURITY
OFFICE

1.1 UTILITY ROOM

1.3 TOILET (ALL

GENDER)

1.9 MEDICAL
ROOM

1.8 WORKSTATION

1.7 RECEPTION

1.6 LOBBY/

WAITING

1.5 112.1
111.1

15.2 18.1

19.1 110.1

11.1 17.1

14.1 13.1

10.1 10.2
110A

HALLWAY

1.4 110B
111A
112A
11A
17A

15.1 SERVER ROOM

1.2 12.1
M-4.0
1 M-4.0 6
2 3
4 39' - 11 1/2"
3' - 0 3/4" 9' - 1" 4' - 10" 10' - 4" 8' - 5 3/4"
7' - 1 1/2" 13' - 0 3/4"
5' - 3 1/8" 11' - 8 5/8"
6' - 10 3/4" 14' - 0 1/4" 7' - 9"
2 FP-1.0

LOCATION OF HCD INSIGNIA

LOCATION OF HCD

INSIGNIA

EXTENT OF AWNING ABOVE
3 M/F -5.0
1 M/F -5.0
1 M/F -5.1
1 M/F -5.1
6 M/F -5.0
5 M/F -5.0
6 M/F -5.0

ARCHITECTURAL
NORTH
N

NOT PART OF MANUFACTURING
SCOPE. TO BE BUILT ON SITE.

NOTE:

GRIDLINES ARE LOCATED AT OUTSIDE FACES OF

CORNER COLUMNS

ALL DOORS EXIT OUT ONTO SITE-BUILTS LANDINGS

ALL DIMENSIONS TO FACE OF STRUCTURE
2X6 WOOD FRAMED WALL
2X4 WOOD FRAMED WALL

DETAIL LEGEND

ARCHITECTURAL DETAIL
B
B
A
A
44 55
M-3.0
3 M-3.0 4
M-3.0 2
33 22
11 PARAPET @ PERIMETER OF

BUILDING
1/4" / 12" 1/4" / 12"
RIDGE

MECHANICAL EQUIPMENT

SEE ME - DWGS
4"X3" SCUPPER W/ DOWNSPOUT,
TYP
SOLID METAL AWNING, TYP.

PROVIDED BY MANUFACTURER

INSTALLED ONSITE BY OTHERS
4 M/F -5.0
2 M/F -5.0
SOLID METAL AWNING, TYP.

PROVIDED BY MANUFACTURER

INSTALLED ONSITE BY OTHERS
SOLID METAL AWNING, TYP.

PROVIDED BY MANUFACTURER

INSTALLED ONSITE BY OTHERS
SOLID METAL AWNING, TYP.

PROVIDED BY MANUFACTURER

INSTALLED ONSITE BY OTHERS
2 M/F -5.1
2 M/F -5.1

ROOF CRICKET

ARCHITECTURAL
NORTH
N

NOT PART OF MANUFACTURING
SCOPE. TO BE BUILT ON SITE.

NOTE:

GRIDLINES ARE LOCATED AT OUTSIDE FACES OF

CORNER COLUMNS

ALL DOORS EXIT OUT ONTO SITE-BUILTS LANDINGS

ALL DIMENSIONS TO FACE OF STRUCTURE

DETAIL LEGEND

ARCHITECTURAL DETAIL

DATE ISSUED
Legal Disclaimer:

SHEET
NUMBER
SHEET
SET
MODEL

HOME - ( )

COMMUNITY BUILDING

SHEET SET

SHEET TITLE
STATE

APPROVING AUTHORITY
706 S HILL ST, STE. 1060
LOS ANGELES, CA 90014
t: 310.622.9271
e: info@connect -homes.com

STAMP OF APPROVAL
08/31/2023

FLOOR AND ROOF
PLANS
M-2.0
04-29-2022 - State Submittal

CONNECT SHELTER RECUPERATIVE CARE
CENTER BUILDING: VICTORVILLE
1,600 SQ.FT.

RECUPERATIVE &

SECURITY BLDG

VICTORVILLE, CA
1/4" = 1'-0" 1FINISH FLOOR PLAN
1/4" = 1'-0" 2ROOF PLAN
FEC
FEC
M
M
M
M
M
M
MM
M
M M MM
J
M
M
M
M
M
B
B
A
A
44 55
M-3.0
1 M-3.0
3 M-3.0 4
M-3.0 2
40' - 0"
9' - 11 3/4"
33 10' - 0"
22 11
10' - 0" 9' - 11 3/4"
111 SF
LOBBY/

WAITING

1.0 113 SF

RECEPTION/

WORKSTATION

1.3 54 SF

STAFF TOILET

1.4 65 SF

DIRTY UTILITY

1.7 68 SF

CLEAN UTILITY

1.6 73 SF
LAB. ROOM

1.5 68 SF

PROVIDER
OFFICE

1.8 94 SF

EXAM ROOM

1.9 94 SF
EXAM. ROOM

1.10 98 SF
EXAM. ROOM

1.11 38 SF

UTILITY ROOM

1.12 189 SF

WORKSTATION

1.1 124 SF

HALLWAY

1.2 1.10 1.20 10B 13A
18A
18B 19A 110A 111A

11.2 10A

1.11 1.60 1.50

1.80 1.90 11.0 11.1
4' - 4 1/2"
4' - 0"
5' - 0"
7' - 1"
7' - 2 3/8" 8' - 0" 2' - 0" 2' - 0" 8' - 0" 2' - 0" 8' - 4 1/8"

STAFF OFFICE

1.13 1' - 7"

HALLWAY

1.14 11.3

W/H CLOSET

1.15 11.4
6' - 6 1/2" 7' - 7 1/2"
M-4.0
1 113C
16' - 0 1/4" 6' - 3 1/4" 12' - 8"
39' - 11 1/2"
8' - 9 7/8" 10' - 3 7/8" 10' - 4 1/4" 5' - 9"
22' - 3" 4' - 10 3/4"
9' - 6 1/4" 9' - 11 3/4" 3' - 11" 5' - 7"
1 M/F -5.0
3 M/F -5.0
1 M/F -5.0
3 M/F -5.0
1 M/F -5.1
1 M/F -5.1
1 M/F -5.1 LOCATION OF HCD

INSIGNIA

LOCATION OF HCD

INSIGNIA

LOCATION OF HCD

INSIGNIA
6 M/F -5.0
5 M/F -5.0

ARCHITECTURAL
NORTH
N

12.2 12.1

1.70 MOD 04
MOD 03
MOD 02
MOD 01

14.1 12.3
Z-3.4
1 FURNITURE SUPPLIED

BY OWNER (TYPICAL)

SINK CABINET

ASSEMBLY
3 M/F -5.2 TYP.
1 M/F -5.2
5 M/F -5.2

FLOOR GRILLE (TYPICAL)
1 M-3.1
B
B
A
A
44 55
2 M-3.1
33 22
11 LOBBY/

WAITING

1.0 RECEPTION/

WORKSTATION

1.3 STAFF TOILET

1.4 DIRTY UTILITY

1.7 CLEAN UTILITY

1.6 LAB. ROOM

1.5 PROVIDER
OFFICE

1.8 EXAM ROOM

1.9 EXAM. ROOM

1.10 EXAM. ROOM

1.11 UTILITY ROOM

1.12 WORKSTATION

1.1 HALLWAY

1.2 STAFF OFFICE

1.13 HALLWAY

1.14 W/H CLOSET

1.15 8' - 6"
8' - 6" 8' - 6"
8' - 6"
8' - 6"
8' - 6" 8' - 6" 8' - 6"
8' - 6"
8' - 6" 8' - 6"
8' - 6"
8' - 6"
8' - 6"
IP-01A
M-4.0
4 L-2
L-2
L-2
L-2
L-2 L-2 L-2
L-2
L-2
L-2
L-2
L-1 L-1
L-1L-1L-1L-1L-1L-1L-1
L-1
L-2
L-2
L-2
L-1L-1
EQ EQ
3' - 8 1/2" 4' - 3 1/2" 2' - 3"
EQ 5' - 0" EQ EQ 5' - 0" EQ EQ 5' - 0" EQ EQ EQ
4' - 8 1/2"
5' - 1" 4' - 0" EQ EQ EQ EQ 3' - 10" 3' - 10"
3' - 1" 1' - 0" 1' - 6"
1' - 0" 1' - 6"
3' - 3 1/2"
3' - 10"
3' - 6"
EQ 6' - 0" EQ 4' - 7"
6' - 5" 6' - 5" 6' - 5" 6' - 5"
2' - 8 1/2"
7' - 10"
8' - 6"
L-2
6' - 5" 6' - 5" 6' - 5" 6' - 5"
L-2 L-2L-2L-2L-2
EQ EQ
5' - 7 1/2"
2' - 0"
3' - 1" 2' - 0"
5' - 1 1/2" 5' - 2 1/2" 1' - 11 1/2"
EQ EQ
L-1
2' - 0" 2' - 0"
EQ EQ
2' - 6"
1' - 0" 2' - 7"
L-2L-2
1' - 0" 1' - 6"

NOT PART OF MANUFACTURING
SCOPE. TO BE BUILT ON SITE.

NOTE:

GRIDLINES ARE LOCATED AT OUTSIDE FACES OF

CORNER COLUMNS

ALL DOORS EXIT OUT ONTO SITE-BUILTS LANDINGS

ALL DIMENSIONS TO FACE OF STRUCTURE
2X6 WOOD FRAMED WALL
2X4 WOOD FRAMED WALL

DETAIL LEGEND

ARCHITECTURAL DETAIL

ACCESSIBLE CLEARANCE

DATE ISSUED
Legal Disclaimer:

SHEET
NUMBER
SHEET
SET
MODEL

HOME - ( )

MODEL HOME

SHEET SET

SHEET TITLE
STATE

APPROVING AUTHORITY
706 S HILL ST, STE. 1060
LOS ANGELES, CA 90014
t: 310.622.9271
e: info@connect -homes.com

STAMP OF APPROVAL
08/31/2023

FLOOR PLAN AND
RCP
M-2.0
04-29-2022
CONNECT SHELTER EXAM/CLINIC BUILDING:

VICTORVILLE
16902 FIRST STREET, VICTORVILLE, CA 92395
1/4" = 1'-0" 1FINISH FLOOR PLAN
1/4" = 1'-0" 2REFLECTED CEILING PLAN
05-13-2022 - State Submittal

ATTACHMENT D

Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: June 7, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Vacation of Vehicular Access Restrictions along Bear Valley Road Recommendation:

That the Honorable City Council adopt the attached Resolution No. 22-056 to vacate portions of vehicular access rights along Bear Valley Road.

Fiscal Impact:

There is no fiscal impact resulting from this action.

Background:

The access rights owned by the City restrict vehicular ingress and egress along Bear Valley Road west of 2 nd Avenue. The restricted access will impact future planned development. The subject access rights were dedicated to the City by Parcel Map No. 17603 on September 9, 2008. Please refer to Attachment B for an aerial exhibit of the location that is being discussed.

Discussion:

The proceedings for the vacation of certain vehicular access restrictions were initiated at the request of the developer, Bear Valley Road and 2 nd Avenue, LLC for the purpose of the future development of property located at the northwest corner of Bear Valley Road and 2 nd Avenue. A new drive-thru restaurant (McDonalds) has been entitled at the northwest corner of Bear Valley Road and 2 nd Avenue and a new driveway is proposed along the Bear Valley Road frontage. The construction of the driveway cannot proceed until the vehicular access restrictions are vacated.

The vacation of the restrictions of the vehicular access rights can be accomplished by a summary vacation as defined in the California Streets and Highways Code, Sections 8330 through 8336. The procedure that has been followed is in accordance with Section 8334, in particular, which states “The legislative body of a local agency may summarily vacate 2 6
2 8
any of the following: (a) an excess right-of-way of a street or highway not required for street or highway purposes.” In this case the right-of-way that is not required is the vehicular access restrictions. A resolution must be adopted by City Council and recorded to vacate the vehicular access restrictions. Please see Attachment A, Resolution No. 22- 056.

Staff recommends that the Honorable City Council adopt the attached Resolution No. 22- 056 to vacate portions of vehicular access rights described and depicted by the attached exhibits.

Staff remains available for any questions the City Council may have.

Attachments: A. Resolution No. 22-056
B. Aerial Exhibit
C. Parcel Map No. 17603

Attachment A
Resolution No. 22-056
RESOLUTION NO. 22-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, ORDERING THE

VACATION (RELINQUISHMENT) OF CERTAIN PORTIONS OF VEHICULAR ACCESS RIGHTS BELONGING TO THE CITY OF VICTORVILLE AS DEDICATED ON PARCEL MAP NO. 17603.

WHEREAS, upon the request o f Bickel Group Architecture and the City Engineer of the City of Victorville, proceedings under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code have been conducted for the vacation/relinquishment of certain portions of vehicular access rights owned by the City of Victorville described by the attached Exhibit "A” along Bear Valley Road, and; WHEREAS, said rights were offered to the City of Victorville by Parcel Map No. 17603, and; WHEREAS, the City of Victorville, upon annexation of the area of which said Parcel Map No. 17603, became the successor of Interests of said access rights, and; WHEREAS, the City Council of the City of Victorville has determined that allowing controlled and restricted ingress and egress to and from to portion o f Bear Valley Road as described by Exhibit “ A” will not endanger the health safety and welfare of the public and is controlled by means other than complete non-vehicular access, and;
WHEREAS, the City Council finds, from all evidence submitted and heard, that the rights described by the attached Exhibit “A” and Exhibit “B” is unnecessary for present or prospective public use, and; NOW, THEREFORE BE IT RESOLVED, the City Council does hereby order that the vehicular access rights owned by the City of Victorville as described by the attached Exhibit "A" be vacated (relinquished); BE IT FURTHER RESOLVED that the City Clerk of the City of Victorville is directed to cause a certified copy of this resolution to be recorded in the Office of the County Recorder of San Bernardino County, of the State of California, and that upon such recordation this vacation is complete and said non -vehicular rights are relinquished.

Attachment B
Aerial Exhibit
CITY COUNCIL RESOLUTION NO. 22-056
PRESENTATION OF A REQUEST TO VACATE/RELINQUISH VEHICULAR ACCESS RIGHTS (N.V.A.) AERIAL PHOTOGRAPH DEPICTING THE N.V.A. LINES TO BE VACATED NOTES:

1. THIS EXHIBIT IS FOR FOR VISUAL AIDE/REFERENCE ONLY (NOT TO BE RECORDED).

2. ALL PROPERTIES LABELED AS A "PARCEL" ARE PER PARCEL MAP NO. 17603, PMB 230, PGS 13-14.

DENOTES VEHICULAR ACCESS RIGHTS (N.V.A.) LINE TO BE VACATED/RELINQUISHED AS DESCRIBED BY EXHIBIT "A".

PARCEL 10
PARCEL 9
PARCEL 8
PARCEL 11
PARCEL 12
PARCEL 13

47.0 ft

BEAR VALLEY ROAD
2ND AVENUE
BEAR
300 ft
Attachment C
Parcel Map No. 17603

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: June 7, 2022
Submitted By:

C. Eric Ray, Airport Director
Subject:

Fifth Amendment to the General Services Provider Standard Agreement by and Between the Southern California Logistics Airport Authority and Mission Ambulance, Inc. DBA Mission Aviation Fire-Rescue for Aircraft Rescue & Fire Fighting (ARFF) Services.

Recommendation:

That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
1) approve Amendment 5 to the General Services Provider Standard Agreement by and between the Southern California Logistics Airport Authority and Mission Ambulance, Inc. DBA Mission Aviation Fire-Rescue for Aircraft Rescue & Fire Fighting (ARFF) Services, Project BM18-061, increasing the compensation by $100,000; and
2) adopt Resolution No. SCLAA 22-010 amending the fiscal year 2021/2022 budget by increasing expenditures to Fund 450 by $100,000 and increasing revenue by $115,000.

Fiscal Impact:

Funds of $1,243,000 have been appropriated in Fund 450 expenditures for ARFF Contract Services and funds of $10,000 have been appropriated in Fund 450 revenues for ARFF Contract Services Reimbursement. Due to an unexpected increase in tenant use of ARFF services, an additional appropriation is required to fund both the expenditure and associated revenue. Resolution No. SCLAA 22-010 is presented herein for the purpose of requesting an additional appropriation of $100,000 in expenses and $115,000 in revenue. Cash reserves are sufficient to support the requested additional appropriation. The suggested budget adjustment is outlined in the table below.

Current Budget
Revenue Expense
450 Airport Operations Fund $10,000 $1,243,000
5 7
0 Proposed Budget
Revenue Expense
450 Airport Operations Fund $125,000 $1,343,000
Background:

The Southern California Logistics Airport (SCLA) is certified in accordance with Federal Aviation Regulation (FAR) Part 139. As such, certain Aircraft Rescue and Fire Fighting (ARFF) capabilities, defined as an “Index” ranging from “A” to “E”, must be maintained.

An Index specifically refers to the type of ARFF equipment and quantity of fire extinguishing agent that the SCLA must provide based upon the length of air carrier aircraft used and the frequency of air carrier operations. Currently, the Federal Aviation Administration (FAA) has published the SCLA as an Index “C” airport which allows for unlimited air carrier operations in aircraft up to, and including, the largest of the Boeing 737 family of aircraft. It also allows for four average daily air carrier operations in aircraft up to the size of the Boeing 767 and 787-8. The SCLA is also published as being capable of providing an Index “E” for the largest aircraft with 24 hours prior notice to the Airport Operations Staff. FAR Part 139 also specifies numerous operational requirements, including those pertaining to: personnel training; minimum personnel qualifications; fueling facility inspections; and documentation.

Mission Aviation Fire-Rescue provides ARFF services to the SCLA for the purpose of meeting the FAR Part 139 requirements, with a primary purpose of responding to aircraft emergencies in less than three minutes. Additionally, Mission Aviation Fire-Rescue performs ancillary fire prevention and life safety duties (typically referred to as “Stand-By” duty) on a non-exclusive basis, as needed by airport tenants. Such non-exclusive duties are performed in a manner that allows the SCLA to maintain its ARFF Index and allow for the firefighter(s) to break away from the Stand-By duty to respond to an emergency.

These non-exclusive services are at no charge and don’t require cost reimbursement.

Non-exclusive services may be provided with a minimal of two hours prior written notice but are subject to the availability of personnel and apparatus. Additionally, non-exclusive services are generally limited to about four continuous hours in duration.

Some tenants have requested exclusive ARFF services to mitigate certain safety concerns specific to their operation. In such instances Airport Management will enter into a reimbursement agreement with the tenant to provide the needed ARFF services.

These exclusive services typically pertain to: (1) increasing the ARFF Index for specific flight activity; or (2) providing dedicated firefighter(s) to remain on Stand-By for given periods of time, or for a specific hazardous event; or (3) providing additional ancillary fire fighters. Such exclusive services may or may not, depending upon current circumstances, require the use of additional vehicles and/or equipment. These exclusive services are subject to personnel and equipment availability and carry a reimbursement charge to the tenant.
5 7
0 Discussion:

The volume of aircraft testing performed this fiscal year by the Boeing Company has exceeded expectation and resulted in a greater need for exclusive ARFF services.

Although the cost of these ARFF services will be reimbursed to the SCLAA, it will cause the Agreement with Mission Aviation Fire Rescue to be overspent by the end of the current fiscal year.

Amendment 5 presented herein will increase the contract compensation by $100,000 for a new not to exceed amount of $1,343,000 and enable the airport to continue to accommodate tenant requests for exclusive ARFF services through the end of Fiscal Year 2021/2022.

The proposed actions are beneficial to the SCLA and its tenants, therefore, staff recommends that Your Honorable Southern California Logistics Authority Board of Directors approve Amendment 5 to the General Services Provider Agreement with Mission Fire and Rescue increasing the not-to-exceed compensation, and adopt Resolution No. SCLAA 22-010 increasing budgeted expenditures and revenues in Fund 450.

Staff remains available for any questions or comments you may have.

CER/ssm
Attachments: A. Amendment 5
B. Original Agreement
C. Resolution No. SCLAA 22-010

ATTACHMENT A
AMENDMENT 5

ATTACHMENT B

ORIGINAL AGREEMENT

2 6
4 1

ATTACHMENT C
RESOLUTION NO. SCLAA 22-010
2 6
4 1
RESOLUTION NO. SCLAA 22-010

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA

LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2021-2022
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority did heretofore submit to the SCLAA Board of Directors 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 SCLAA Board of Directors, approved by the SCLAA Board of Directors prior to June 30, 2021, and have been available for the inspection by the public in the office of the Authority Secretary of the SCLAA; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Board of Directors for approval; and WHEREAS, the Executive Director or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated SCLAA Board of Directors agenda report.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the annual budget for the fiscal year 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 Adjusted
4501010A-52300 $100,000
4500125-47230 $115,000

SECTION 2. That copies of such amended budget, certified by the Authority Secretary, shall be filed with the auditors of the SCLAA and in the office of the Authority Secretary for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: June 7, 2022
Submitted By:

Sophie Smith, Deputy City Manager
John Mendiola, Finance Director / City Treasurer

Subject:

First Amended and Restated Interfund Loan Agreement between the City of Victorville Development Impact Fee Building Fund and various City of Victorville Contributing Development Impact Fee Funds
Recommendation:

That the Honorable City Council approve the First Amended and Restated Interfund Loan Agreement between the City of Victorville Development Impact Fee Building (DIF) Fund and various City of Victorville contributing DIF Funds.

Fiscal Impact:

No additional appropriations are needed. Approval of the First Amended and Restated Interfund Loan Agreement will extend the term of this loan for 15 years and establish a new Principal Outstanding Balance of $17,156,991.32 for the loan as of June 30, 2021.

Background:

To fund the construction of the new City Hall in 2005, a loan of Twenty Million Two Hundred Ninety Thousand Dollars ($20,290,000) was made to the Building Development Impact Fee (DIF) Fund to be used for purposes of constructing public buildings throughout the City (the “DIF Building Fund”). A total of nine (9) lending funds were and continue to be involved in this loan including the DIF Road Service, DIF Public Safety, DIF Recreation Service, DIF Nisqualli Overpass Funds, DIF Goodwill Overpass Fund, DIF Storm Drain Fund, DIF Street Lighting Fund, DIF Fire Hydrant Fund, and the Storm Drain Utility Fund.

In May 2011, the City Council adopted Council Policy No. CP-11-04 relating to Interfund Loans or advances Between City Funds (the “2011 Policy”), which addressed loans or advances between City funds longer than one year but less than five years. The 2011 Policy specified that interfund loans must be evidenced by a Promissory Note identifying:
(1) the purpose for which the loan is being made; (2) the borrowing and lending funds; (3) the total dollar amount being loaned; (4) the maturity date of the loan; (5) the applicable 2 5
1 4
interest rate; and (6) the borrowing fund’s right to make prepayment at any time without any penalty. A Promissory Note including these provisions was prepared to memorialize the City’s interfund borrowing transactions; which specified that interest on the outstanding principal balances accrued at the annualized (averaged) LAIF rate, the total amount due and payable on or before June 30, 2016; the City’s ability to prepay at any time without penalty; and the City’s general fund had no obligation to contribute any funds toward repayment of the sums due. The City Council approved this Promissory Note on November 15, 2011.

On May 7, 2015, the City Council adopted Council Policy No. CP-15-02 relating to Interfund and Interagency Loan Policy (the “2015 Policy”). This updated Council Policy superseded the previous 2011 Policy and included additional requirements for loan agreements such as the “financial plan for repayment”. While the 2015 Policy did not specify the maximum length of interfund loans, a five-year term limitation with subsequent review prior to renewal was retained for any loans utilizing Development Impact Fee (“DIF”) Funds.

As of June 30, 2016, the DIF Building Loan had been partially repaid (with interest) and reflected a remaining Adjusted Outstanding Balance of Nineteen Million Seven Hundred Fifty-Seven Thousand Four Hundred Sixty-Six Dollars ($19,757,466). At the meeting of August 9, 2016, the City Council approved the Interfund Loan Agreement between the City of Victorville Development Impact Fee Building Fund and various City of Victorville contributing Development Impact Fee Funds dated July 1, 2016 (the “2016 Loan Agreement”). The 2016 Loan Agreement had an expiration date of June 30, 2021.

Discussion:

Given that the 2016 Loan Agreement, consisting of the individual Contributing Fund balances set forth in the corresponding Promissory Note, is still outstanding and had an expiration date of June 30, 2021, an Amended and Restated Interfund Loan Agreement and Promissory Note are needed to remain in compliance with Policy No. CP-15-02. As of June 30, 2021, the DIF Public Building Fund has repaid to the Contributing Funds principal such that a total Adjusted Outstanding Balance of $18,840,197 remained. Due to limited funds generated for repayment by the Public Buildings DIF, annual review of available excess/surplus monies available in the City’s General Fund to make voluntary payments for this loan as part of a repayment plan has been added to the 2022 Promissory Note.

As such, staff recommends that City Council approve the First Amended and Restated Interfund Loan Agreement (Attachment A) between the City of Victorville DIF Building Fund and Various City of Victorville Contributing DIF Funds. Effective July 1, 2021, the DIF Building Fund Loan is being Amended and Restated for a 15-year term, expiring on June 30, 2036.

Staff remains available for any questions or comments.
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1 4
Attachments: A. First Amended and Restated Interfund Loan Agreement and Exhibits

ATTACHMENT A

FIRST AMENDED AND RESTATED

INTERFUND LOAN AGREEMENT
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FIRST AMENDED AND RESTATED INTERFUND LOAN AGREEMENT

BETWEEN THE CITY OF VICTORVILLE DEVELOPMENT IMPACT

FEE BUILDING FUND AND VARIOUS CITY OF VICTORVILLE

CONTRIBUTING DEVELOPMENT IMPACT FEE FUNDS

THIS FIRST AMENDED AND RESTATED INTERFUND LOAN AGREEMENT (“Loan Agreement”) dated July 1, 2021, for reference purposes only, is entered into by and between the City of Victorville (“City”) on behalf of the Victorville Development Impact Fee Building Fund (“DIF Building Fund”), and the City on behalf of the Victorville Development Impact Fe e Road Service Fund (“DIF Road Service Fund”), the Victorville Development Impact Fee Public Safety Fund (“DIF Public Safety Fund”), the Victorville Development Impact Fee Recreation Service Fund (“DIF Recreation Service Fund ”), the Victorville Development Impact Fee Nisqualli Overpass Fund (“ DIF Nisqualli Overpass Fund”), the Victorville Development Impact Fee Goodwill Overpass Fund (“DIF Goodwill Overpass Fund”), the Victorville Development Impact Fee Storm Drain Fund (“ DIF Storm Drain Fund”), the Victorv ille Development Impact Fee Street Lighting Fund (“DIF Street Lighting Fund”), the Victorville Development Impact Fee Fire Hydrant Fund (“DIF Fire Hydrant Fund”), and the Victorville Storm Drain Utility Fund (“ Storm Drain Utility Fund”), each a “Contributing Fund” and collectively, the “Contributing Funds”, as follows:

RECITALS

WHEREAS, on or about August 9, 2016, the City on behalf of its DIF Building Fund, and the City on behalf of its Contributing Funds as set forth in the preamble above, executed tha t certain Interfund Loan Agreement Between the City of Victorville DIF Fund and Various City of Victorville Contributing Development Impact Fee Funds dated July 1, 2016 (the “2016 Loan Agreement”); and WHEREAS, the 2016 Loan Agreement contained a promissory note dated July 1, 2016 (the “2016 Note”), which the City executed on behalf of its DIF Building Fund to memorialize its promise to repay a total sum not to exceed Nineteen Million, Seven Hundred Fifty- Seven Thousand, Four Hundred Sixty-Six Dollars ($ 19,757,466) to the Contributing Funds, in the individual amounts listed next to each Contributing Fund as set forth on page one of the 2016 Note; and WHEREAS, the total not to exceed sum stated in the 2016 Note (as well as the outstanding balance for each Contributing Fund) was erroneously identified as the “Principal Outstanding Balance”, as the sum due was actually an adjusted outstanding balance, consisting of the principal amount originally due under that certain promissory note dated November 15, 2011 (the “ Original - 2 -

Note”), less payments made, plus interest accrued through June 30, 2016; however the actual Principal Outstanding Balance for each of the Contributing Funds was properly reflected and accounted for in the City’s accounting books and records for the purposes of calculating the simple interest due; and
WHEREAS, the Original Note was canceled pursuant to the provisions of the 2016 Loan Agreement and replaced by the 2016 Note; and
WHEREAS, the interfund loans that gave rise to the 2016 Loan Agreement and the 2016 Note, which agreement and note are attached hereto as Exhibit B and incorporated herein for refence purposes, were made for the purpose of eliminating the DIF Building Fund’s negative cash balance stemming from the costs associated with construction of the new City Hall; and WHEREAS, the 2016 Loan Agreement and the 2016 Note were entered into to extend the term of the original interfund loans and to conform the transaction with the provisions of Council Policy No. CP-15-02, Interfund and Interagency Loans, which was adopted by the Victorville City Council (the “City Council”) on April 7, 2015 (“Policy No. CP-15-02”); and WHEREAS, the 2016 Note had an initial term of five (5) years, commencing on July 1, 2016, and terminating on June 30, 2021, which the City could have extended for an additional five -year term (and for subsequent additional five-year terms) by a resolution of the City Council following a review and reevaluation by City Finance staff set forth in Section 2 of the 2016 Note; and WHEREAS, pursuant to Section 3 of the 2016 Note, unless an extension was obtained under the provisions of Section 2 of said note, the 2016 Note expired on June 30, 2021, and the City, using monies from the DIF Building Fund, was obligated to repay the remaining Principal Outstanding Balance due to each of the Contributing Funds as of said date, plus interest accrued thereon at the annualized (averaged) LAIF rate,
calculated on the basis of a 365 day calendar year, simple interest; and
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WHEREAS, notwithstanding that the 2016 Note was not timely extended in manner set forth in Section 2 of the 2016 Note, the amounts owing under thereunder, along with interest and late fees are still due, and therefore it is appropriate for the City Council to enter into this Loan Agreement and an updated and revised new Promissory Note to reflect the updated and extended term of this interfund loan transaction; and
WHEREAS, to ensure compliance with Policy No. CP-15-02, the newly revised Promissory Note (the “ 2022 Note”), which is attached to this Loan Agreement as Exhibit A and incorporated herein by this reference, contains an annual requirement for City Managem ent and Finance staff as part of the City’s budget process to identify if excess/surplus funds are available in the City’s General Fund, and if so, use such excess/surplus funds to reduce the balance of said note, given that at least a portion of the reconstruction costs of City Hall would likely have been paid for by the City’s General Fund had such excess/surplus funds been available when the DIF funds were first loaned; and WHEREAS, a
s of June 30, 2021, the DIF Building Fund has repaid to the Contributing Funds principal such that a total Principal Outstanding Balance of $17,156,991.32 (the “ Loan”) now remains unpaid, such Principal Outstanding Balances owed to each of the individual Contributing Funds being set forth in the preamble of the 2022 Note attached hereto as Exhibit A , together with any unpaid interest and late fees accrued to date (as reflected for informational purposes in the “Adjusted Outstanding Balance” column in the preamble of said note); and WHEREAS, this Loan Agreement and the attached 2022 Note will: (1) extend the term of the Loan for an additional fifteen (15) years (through June 30, 2036); (2) reflect the total Loan balance currently outstanding as of July 1, 2021, (as well as the Principal Outstanding Balances owed to each of the individual Contributing Funds and the Adjusted Outstanding Balances, as that term is defined in the 2022 Note, owed to each); (3) continue proper tracking of each Contributing Fund component of the Loan for audit purposes; and (4) provide an annual review of available excess/surplus monies - 4 -

available in the City’s General Fund to make voluntary payments of Loan as part of the financial plan for repayment of the Loan required by Policy No. CP-15-02.

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

Section 1. Recitals.

The recitals set forth above are true and correct and are incorporated, together with the definitions contained therein, and made a part of this Loan Agreement by this reference.

Section 2. Updated and Revised Loan Amount.

The amount due under the 2016 Note is hereby updated and revised to reflect a reduced total Principal Outstanding Balance due of Seventeen Million One Hundred Fifty- Six Thousand Nine Hundred Ninety-One Dollars and Thirty-Two Cents ($17,156,991.32) as of June 30, 2021, with the Principal Outstanding Balance due to each Contributing Fund component of the Loan (as well as the Adjusted Outstanding Balance for each) being set forth in the 2022 Note attached to this Agreement as Exhibit A.

Section 3. Extended Loan Term.

The term of the Loan under the 2016 Note is now extended to reflect a due date of June 30, 2036, subject to the extension provisions in Section 2 of the 2022 Note attached hereto as Exhibit A, if a satisfactory portion of the existing loan has been retired as of the time of renewal.

Section 4. C ancellation and Replacement of 2016 Note.

The 2016 Note shall be cancelled upon the City Council’s approval and execution of this First Amended and Restated Loan Agreement and the 2022 Note attached hereto as Exhibit A.

Section 5. Additional Documents and Actions Authorized.

The Victorville City Manager shall be authorized to take such actions on behalf of the City with respect to the DIF Building Fund and the Contributing Funds transactions and execute such additional documents as may be reasonably required to carry out the intent of this Loan Agreement, - 5 -

but in no event shall such additional documents modify the terms and conditions of this Loan Agreement or the attached 2022 Note.

Section 6. Interpretation; Effect of Policy No. CP-15-02 and Current Policy To the extent there are any inconsistencies between Policy No. CP -15-02 and this Loan Agreement or the attached 2022 Note, the terms of Policy No. CP-15-02 shall supersede the terms of this Loan Agreement and the 2022 Note. Any extension of the term of the 2022 Note beyond June 30, 2036, shall only occur, if City staff, following consultation with the City Attorney, determines such extension is consistent with the provisions of the Current Policy, as that term is defined in Section 2 of the 2022 Note.
[END OF PAGE – SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , this First Amended and Restated Loan Agreement has been executed as of the dates set forth below.

CITY OF VICTORVILLE,
On Behalf of the Building DIF Fund

By : _________________________
Debra Jones, Mayor

Date: _________________________

CITY OF VICTORVILLE
On Behalf of the DIF Road Service Fund,
the DIF Public Safety Fund, the DIF Recreation
Service Fund, the DIF Nisqualli Overpass Fund,
the DIF Goodwill Overpass Fund, the DIF Storm
Drain Fund, the DIF Street Lighting Fund,
the DIF Fire Hydrant Fund, and the Storm Drain
Utility Fund

By : ___________________________
Debra Jones, Mayor

Date: _________________________
ATTEST:

By _________________________
Jennifer Thompson, City Clerk

Approved as to Form:

By _________________________
Andre de Bortnowsky, City Attorney

Exhibit A – 2022 Note - Page 1

EXHIBIT A

New and Revised Promissory Note (the “2022 Note”)

Exhibit A – 2022 Note - Page 2

PROMISSORY NOTE

$17,156,991.32 Place: City of Victorville 14343 Civic Drive
Victorville, CA 92392

Date: July 1, 2021

FOR VALUE RECEIVED, the CITY OF VICTORVILLE (the “ City”), on behalf of the Victorville Development Impact Fee Building Fund (“ DIF Building Fund”) promises to pay to the following Contributing Funds the individual amounts listed below, which individual amounts equal a total sum not to exceed Seventeen Million One Hundred Fifty-Six Thousand Nine Hundred Ninety- One Dollars and Thirty -Two Cents ($17,156,991.32) (the “ Principal Outstanding Balance ”), for the purposes set forth in the First Amended and Restated Loan Agreement of even date to which this Promissory Note is an attachment:

Contributing Funds Principal Outstanding
Balance
Adjusted Outstanding
Balance**
a. DIF Road Service Fund: $ 6,874,827.91 $ 7,515,673.81 b. DIF Public Safety Fund: $ 1,023,437.17 $ 1,118,838.16 c. DIF Recreation Service Fund: $ 3,893,510.95 $ 4,256,449.57 d. DIF Nisqualli Overpass Fund: $ 507,268.84 $ 554,554.54 e. DIF Goodwill Overpass Fund: $ 818,749.73 $ 895,070.53 f. DIF Storm Drain Fund: $ 3,270,549.20 $ 3,575,417.67
g. DIF Street Lighting Fund: $ 249,184.71 $ 272,412.78
h. DIF Fire Hydrant Fund: $ 351,528.40 $ 384,296.59
i. Storm Drain Utility Fund: $ 167,934.41 $ 267,483.28
Totals $ 17,156,991.32 $ 18,840,196.93

Except as may otherwise be provided for or defined in this Promissory Note, all capitalized terms shall have the meanings ascribed to them in the First Amended and Restated Loan Agreement.

Payment of the Principal Outstanding Balance, together with interest and any late charges accrued to date, shall be made as set forth herein.

Exhibit A – 2022 Note - Page 3
**The Adjusted Outstanding Balance due to each Contributing Fund (consisting of the principal amount due under the Original Note, less all payments made, plus interest accrued through June 30, 2021 together with any late fees) is set forth hereinabove for informational purposes only.

TERMS AND CONDITIONS

1. This Promissory Note (this “Note”) shall commence on the date first written above and shall continue for a period of fifteen (1 5) years, terminating on June 30, 2036 (the “ Term”), subject to extension in accordance with the review and reevaluation process set forth in Section 2, below.

2. Following a review and reevaluation by City Finance staff of: (1) this Note and the underlying Loan Agreement; (2) the City Council policy governing interfund loans that is in effect at the time the review and reevaluation is performed (the “Current Policy ”); and (3) the financial condition of the Building DIF Fund and the Contributing Funds as of December 31, 2035; and (4) whether the requirement that a satisfactory portion of the Loan has been retired prior to renewal has been met, the Term of this Note may be extended for such period as determined by the City Council; provided that:
(1) such extension is warranted by the condition of each fund and is consistent with the terms of the Current Policy; and (2) a City Council Resolution authorizing the extension resolution is adopted on or before June 30, 2036. Such authorizing resolution shall constitute an amendment to the provisions of this Note; therefore, preparation of an amended and restated loan agreement and/or a new promissory note shall not be required.

3. Unless an extension or extension(s) are obtained as set forth in Section 2, above; upon expiration or termination of the Term, the City, using monies from the Building DIF Fund, agrees to repay to each of the Contributing Funds the Principal Outstanding Balance due hereunder, plus interest accrued thereon at the annualized (averaged) LAIF rate, calculated on the basis of a 365-day
calendar year, simple interest.

4. The City’s General Fund shall have no obligation at any time to contribute any funds towards the repayment of any sums due under this Note; however, City Management and Finance staff shall annually as part of the City’s budget process seek to identify if excess/surplus funds are available in the City’s General Fund, and if so, such funds may be used to reduce the balance due on this Note.

5. All payments due under this Note shall be made in lawful money of the United States of America at the principal office of the City, 14343 Civic Drive, Victorville, C alifornia, 92392 or at such other place as may from time to time be designated by the City in writing.

6. The City reserves the right to prepay at any time all or any part of the Principal Outstanding Balance of this Note without the payment of penalties or premiums. All payments on this Note shall be applied first to the principal due on the Note and then to interest, and the remaining balance shall be applied to late charges, if any.

7. In the event the City shall fail to pay the payments when due, the unpaid principal amount of this Note, together with late charges, shall become due and payable without further notice to the City.

If the payments on this Note are not paid within ten (10) days of the due date, as such may have been extended under Section 2 of this Note, the City shall pay a late charge of five percent (5%) on the amount past due. If this Note is reduced to judgment, such judgment shall bear the statutory interest rate on judgments.

Exhibit A – 2022 Note - Page 4

8. In no event shall the total late charge payable hereunder ex ceed the maximum amount of interest permitted under the usury laws of the State of California.

9. Demand, protest and notice of demand and protest are hereby waived, and the City hereby waives, to the extent authorized by law, any and all exemption rights which otherwise would apply to the debt evidenced by this Note.

10. Any changes, modifications or addenda to this Note must be in writing.

11. If any portion of this Note is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Note and the remaining parts shall remain in full force and effect as though such invalid or unenforceable provision had not been a part of this Note.

12. Time is of the essence in the performance of every term and conditions of this Note.

IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of the date first indicated above.

CITY OF VICTORVILLE,
On Behalf of the Building DIF Fund

By: ________________________________
Debra Jones, Mayor

ATTEST:

________________________________
Jennifer Thompson, City Clerk

Exhibit B – 2016 Loan Agreement and 2016 Note

EXHIBIT B

2016 Loan Agreement and 2016 Promissory Note

Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: June 7, 2022
Submitted By:

Keith C. Metzler, City Manager

Subject:

Letter of Support – Expenditure of State Surplus funds for Local Services Recommendation:

That the Honorable City Council authorize the Mayor to submit a letter to all Assembly Members and Senators in support of requesting the state's historic surplus to allocate $1.6 billion for programs that achieve shared city and state goals for housing and climate resiliency, as well as reimburse cities for unfunded, state-mandated programs.

Fiscal Impact:

There is no fiscal impact that will result in providing a letter of support.

Background:

Lawmakers will finalize the 2022-2023 State Budget within the next month. The Legislature must pass a final, balanced budget before June 15. Cal Cities is requesting lawmakers to allocate the $1.6 billion for programs to the State Budget as listed below:
$500 million for the creation of the Housing and Economic Development Program:

The elimination of redevelopment agencies in 2011 stripped local governments of the most powerful and successful tool to revitalize cores, help jumpstart the construction of affordable housing, and support economic development activities.

The loss of this tool also hinders local officials' ability to help advance the state's bold climate policy objectives, including minimizing vehicle miles traveled and reducing greenhouse gas emissions.
$933.5 million for local governments for costs owed for state-mandated programs:

According to data obtained from the State Controllers Office, as of October 2021, the state owes cities, counties, and special districts $933.5 million, including estimated accrued interest, in mandated costs incurred since 2004 through the fiscal year 2019-2020.
$180 million for organic waste recycling: The Department of Resources and Recovery's (CalRecycle) Organic Waste Reduction Regulations (SB 1383), 2 6
4 2
adopted in November 2020, requires local governments to reduce landfill disposal of organic waste by 75% by 2025 and to increase edible food waste recovery 20%.

Compliance obligations for local governments began in early 2022 and local governments continue to develop a comprehensive suite of local collection, enforcement, and funding programs. The 2021 Budget Act included $60 million to create the SB 1383 local assistance grant program, however, additional funding is greatly needed.

Discussion:

The staff has attached a draft letter (Attachment A) for the Mayor to transmit to the Assembly Members and Senators, expressing the City Council's support for the request of allocating the state's historic surplus of $1.6 billion to programs that achieve shared city and state goals for housing and climate resiliency, as well as reimburse cities for unfunded, state-mandated programs.

Attachments: A. Draft Support Letter

ATTACHMENT A

Draft Support Letter

760.955.5000
FAX 760.269.0013
[email protected]
http://victorvilleca.gov

14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001

CITY OF

VICTORVILLE

June 7, 2022

The Honorable Nancy Skinner
Chair, Senate Budget, and Fiscal Review Committee
1021 O Street, Suite 8630
Sacramento, CA 95814

The Honorable Jim Nielsen
Vice-Chair, Senate Budget, and Fiscal Review Committee
1021 O Street, Suite 7110
Sacramento, CA 95814
The Honorable Philip Ting
Chair, Assembly Budget Committee
1021 O Street, Suite 8230
Sacramento, CA 95814

The Honorable Vince Fong
Vice-Chair, Assembly Budget Committee
1021 O Street, Suite 4630
Sacramento, CA 95814

RE: 2022-23 State Budget Request to Invest $1.6 billion in the Vitality of Cities

Dear Senator Skinner, Senator Nielsen, Assembly Member Ting, and Assembly Member Fong,

In the spirit of a strong state and local government partnership to benefit all Californians, the City of Victorville respectfully requests a one-time allocation of $1.6 billion (General Fund) in the fiscal year 2022- 23 to establish a Housing and Economic Development Program, implement organic waste recycling regulations, and reimburse local governments for unfunded, state-mandated programs.

Local governments are essential to the strength of California’s economy, and the vitality of local governments is dependent upon fiscal stability. These proposed investments would support the economic vitality of local governments and would also help further the state’s ambitious climate resiliency and affordable housing goals.

We write to urge the Legislature to seize the historic opportunity the state budget surplus presents to invest in the hearts of our communities and advance our shared goals. A str ong state-local fiscal partnership would propel significant investments in a bright, sustainable future for all Californians.

Establish a Housing and Economic Development Program – $500 million The City of Victorville supports establishing a Housing and Economic Development Program that would facilitate a partnership between the state and local agencies that adopt local property tax increment financing tools to support affordable housing, upgrade essential infrastructure, and spur economic development.

This program is crucial to achieving our housing supply and climate action goals. While cities appreciate the property tax tools the Legislature created after dissolving redevelopment to help address a range of community issues, the lack of funding has resulted in few cities being able to fully utilize them. Tools such as the Enhanced Infrastructure Financing Districts, Community Revitalization and Investment Authorities, and Affordable Housing Authorities may differ in their focus and details, but their common challenge is they lack sufficient financial capacity. The establishment of a state -local partnership to provide matching funds would greatly expand the viability of these tools and propel significant investments in affordable housing, public infrastructure, and job creation.

Organic Waste Recycling Program Implementation – $180 million Local governments are the backbone for achieving California’s goal to reduce greenhouse gas emissions through organic waste recycling programs. Local governments need significant additional funding to implement this state -mandated program without diverting existing resources from essential city services and increasing the financial burden on taxpayers.

The Department of Resources Recycling and Recovery’s (CalRecycle) Organic Waste Reduction Regulations (SB 1383), adopted in November 2020, require local governments to reduce landfill disposal of organic waste by 75% by 2025 and to increase edible food waste recovery by 20%. Compliance obligations for local governments began in early 2022 and local governments continue to develop a comprehensive suite of local collection, enforcement, and funding programs. Cities and counties greatly appreciate the Legislature’s creation of the SB 1383 local assistance grant program in the 2021 Budget Act. However, additional funding is greatly needed, presenting a renewed opportunity for state and local partners to further our shared climate goals

Compliance with the SB 1383 regulations has caused local governments to raise their rates to cover the additional costs of administering the program. At a time when inflation is at its highest rate in decades, our residents are already feeling the negative impacts on their personal budgets. This is the right time for the state to continue to fund the implementation of this program to help keep solid waste and recycling rates from increasing dramatically.

Reimburse Local Governments for State-Mandated Programs – $933.5 million According to data obtained from the State Controller’s Office, as of O ctober 2021, the state owes cities, counties, and special districts more than $933 million, including estimated accrued interest, in mandated costs incurred since 2004.

Local governments rely on the state to reimburse them in a timely manner for costs related to state-mandated programs. Failing to pay for these costs threatens the stability of local budgets and the ability of local governments to fund essential services to the community. Given that local governments have diligently carried out crucial, unfunded programs for many years, we urge the Legislature to make local governments whole and support the financial sustainability of local governments.

It is paramount that all levels of government work in tandem to advance shared state and local goals. Only then will it be possible to realize strong, thriving communities for all Californians.

Thank you for considering our request and for the continued partnership.

Sincerely,

Debra Jones
Mayor
City of Victorville

cc: California Assemblymember Thurston “Smitty” Smith
California Senator Scott Wilk
The Senate Budget Committee (Via email: [email protected] )
The Assembly Budget Committee (Via email: [email protected]) The League of California Cities (Via email: [email protected]) Laura Morales, League of California Cities (Via email: [email protected]) Victorville City Council
Keith C. Metzler, City Manager
Sophie L. Smith, Deputy City Manager
Jenele Davidson, Deputy City Manager
Andre de Bortnowsky, City Attorney

Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: June 7, 2022
Submitted By:

Keith C. Metzler, City Manager

Subject:

Cancellation of the July 5, 2022 regular City Council meeting Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item
Discussion:

Pursuant to Chapter 3, Section III B of the City Council Policy and Procedure Manual, any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. Due to the close proximity to the 4 th of July holiday and as there are currently no business items schedule for this this meeting, staff recommends cancellation of the July 5, 2022 meeting. However, any action is at the discretion of Your Honorable City Council.

Staff remains available for any questions or comments you might have.

Attachments: None

Victorville City CouncilJune 7, 2022

Victorville City Council
June 7, 2022