HomeMy Public PortalAbout11) 10B Funding Agreement with LA County - TC LibraryAGENDA
ITEM 10.8.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: May 16, 2017
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
By: Brian Haworth , Assistant to the City Manager
Greg Murphy, Assistant City Attorney
SUBJECT: FUNDING AGREEMENT WITH LOS ANGELES COUNTY COMMUNITY
DEVELOPMENT COMMISSION FOR THE TEMPLE CITY LIBRARY
RENOVATION AND EXPANSION PROJECT
RECOMMENDATION:
The City Council is requested to :
1. Approve the attached funding agreement for the Temple City Library Renovation and
Expansion Project (Attachment "A ");
2. Appropriate $1 .95 million from General Fund reserves (unassigned fund balance) for
Project-related pre-construct ion and construction costs ;
3. Authorize the City Manager to sign said agreement and within 30 days of its execution,
disburse $450 ,000 to the Los Angeles County Community Development Commission;
and
4. Autho rize the City Manager to disburse the remaining $1 .5 million in funds to the
Commission once Project-related construction documents are released for bid s .
BACKGROUND:
1. In December 2013 , the City and County of Los Angeles completed a needs
assessment for Temple City Library. Among its conclusions :
• The Library is an undersized facility for its service area population , thereby limiting
any additional capacity for new collect ions , reader seats , technology stations ,
meeting rooms , homework centers and story time areas. The Library is 57%
smaller than required under the County 's square feet per capita library branch
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May 16, 2017
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benchmark , and 22 % below the statewide benchmark for libraries serv ing sim ilar-
sized communities .
• In sp ite of limited collections and ancillary facilities , the Library exceeds the per
capita state benchmark for visits by 50 %, the benchmark for reference questions
by 37 % and the benchmark for program attendance by 14 %. These outputs
demonstrate how hard the Library 's collections , programming and amenities are
working to meet the community 's high demand .
• Based on user surveys , there is a high desire for expanded collections (including
new books and children 's materials), for expanded services (with high priority for
computer training and access) and for additional children 's reading programs .
Respondents also ranked quiet study a reas and comfortable seating as key
amen it ies .
• A Library Services Visioning Committee comprised of City , County and
commun ity representat ives reached s im ilar conclus ions regarding facility needs ,
with an expanded ch ildren 's area and conference and commun ity rooms as
desired amenities . These findings aligned with the Committee 's larger goals for
additional collections-particularly to support early childhood literacy-and the
expanded use of new techno logies in a safe and organized environment.
2. For the past several years Mayor Sternquist-who is also a County Library
Commissioner-met with former County Supervisor Michael Antonovich to discuss
the County 's ability to fund major Library renovations. Discussions evo lved into a
potential funding partnership for a new ch ildren 's library, conditioned upon the
identification of appropriate sites within Temple City .
3. In December 2015 , Counci l established the Library Ad Hoc Committee (comprised of
Mayor Sternquist and Councilmembe r Fish ) to collaborate w ith the County in
identifying appropriate sites for a new ch ild ren 's library. Four sites were subsequent ly
explored-the community spaces at Immanuel Church , the civic center community
room north of City Hall , the emergency operat ions center in the Council Chambers ,
and the existing Library-with a final Comm ittee recommendation to renovate and
expand the existing Library . This recommendation would yield new fam ily and
children 's facilities while allowing for the greatest cost effic ienc ies , both in way of
construction and ongoing operations .
4 . In March 2016 , the County and City completed conceptual drawi ngs that would
renovate and expand the Library at a cos t of $3.9 million . Plans call for a complete
interior gutting and renovation of the ex isting 12 ,182 sq . ft . structure , as well as
adding a 1 ,416 sq . ft . extens ion from the building 's west wall into the adjacent parking
lot. These improvements would allow the renovated Library to offer:
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May 16, 2017
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• A complete interior redesign of the expanded 13,582 sq. ft . Library with new
furniture and fixtu res , and energy-efficient features .
• Separate areas for youth and adult uses-the former at the building 's west side,
the latter on the east side . This reorientation will allow for appropriate noise
buffering and quiet areas , complementary patron uses and services, and proper
space planning . The redesign will also accommodate additional shelving , allowing
a marketplace for Fr iends of the Library, as well as for more collections-
particularly for children 's literature and Chinese-language materials.
• A 1,150 sq . ft . family area offering early childhood information , pa rent education ,
emergent literacy , socialization and family support. In addition to a collection of
books , toys, videos and other child development tools , the space would also host
a number of events including story times and parenting workshops .
• A bright, colorful and welcoming 1,350 sq . ft . children 's area that includes an
expanded collection of picture books , toys , videos , music and other materials ;
beginning readers ; classic and contemporary children 's fiction ; and a broad non-
fiction collection for general interest and homework help. Added homework areas ,
children 's seating areas , Internet stations and flexible performance and activity
zones will comp lete the area .
• A new 750 sq . ft. community meeting room supported by aud io visual equipment,
a kitchen , restrooms and sl iding interior walls/doors that expand the room out for
performances and educational activities. The facility will be made available for
Library-sponsored programs and activities ; City official business; civic and school
groups ; and local non-profit organiza tions engaged in educational , cultural ,
charitable or cultura l activities .
Attachment "B" contains a d iagram of the proposed improvements .
5. In May 2016 , Council conditionally designated $1 .95 million of unassigned General
Fund reserves-or one-half of total proj ect costs-to expand and renovate the
Library, conditioned upon the County committing the same amount. Staff was
directed to work with County representatives to draft a formal funding agreement.
6 . On October 18, 2016 , officials approp riated the County 's financial contribution of
$1 .95 million , or half of all Project-related costs (Attachment "C").
ANALYSIS:
Provided as Attachment "A " is the draft agreement, which outl ines the funding commitment
and obligat ions of both parties . Among its key provisions:
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May 16,20 17
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• A 50/50 cost share arrangement for the Library 's pre-design and renovation activities ,
estimated at a total $3 .9 million (as opposed to $15 million or more for a new facility).
The City w ill pay its $1 .95 million contribution in two lump-sum payments : $450 ,000
for pre-construction activities (i.e., planning , seep ing , eng in eering) within 30 days of
agreement execution ; and $1 .5 million issued prior to the circulation of construction
bids. Any unexpended City funds from the pre-construction phase shall be applied to
project's construction costs.
• City funds will be deposited into a specific account to ensure accurate accounting on
the project's cost receipts, disbursements and interest earnings . Any i nterest
earnings on the City 's funding contribution will be apport ioned to the City , and may be
used for any project cost ove rruns or added work scope . Funds spent on the project
will be drawn equally over time from the City and County's separate proj ect accounts.
• Prior to the project's pre-development phase , City and County representatives w ill
develop a list of prioritized Library enhancements . This exercise w ill identify
necessary facility attr ibutes in the event that funding does not cover all scheduled
project attributes ; conversely, it would identify add itional amenities should anticipa ted
project costs come under budget.
• The County 's Commun ity Development Commission will provide proj ect oversight,
includ ing fiduciary and construction management. City and County representatives
will regularly meet to periodically review the project schedule and budget. In the
event that work is 10% or more behind project schedule , both parties will develop and
adhere to a Corrective Action Plan that resolves the issue .
Should Council approve the agreement, City and County staff will work to develop a
project schedule for subsequent presentation . All pre-construction and construction
activities should take a year to complete during wh ich time , Counci l will be prov ided with
quarterly progress reports .
Please note that any conditions related to the Library's future operati ons are outside
scope of the subject agreement, and will be developed with County officials through a
memorandum of understand i ng or related mechanism .
CITY STRATEGIC GOALS:
Counci l approval of the attached agreement will result in the Library's renovation and
expansion , furthering Strategic Plan objectives of im proved quality of life and enhanced
public services .
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May16,2017
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FISCAL IMPACT:
Approval of the funding agreement will require a formal appropr iat ion of $1 .95 million in
General Fund reserves (unassigned fund balance ).
ATTACHMENTS:
A. Draft Funding Agreement
B. Proposed Library Improvements
C . County Funding Authorizati on
ATTACHMENT A
AGREEMENT BY AND BETWEEN CITY OF TEMPLE CITY AND COMMUNITY
DEVELOPMENT COMMISSION OF THE COUNTY OF LOS ANGELES REGARDING
ADDITION AND REFURBISHMENT OF THE TEMPLE CITY PUBLIC LIBRARY
This Agreement ("AGREEMENT") is made and entered into th is day of XXX , XX 2017 ,
by and between the CITY OF TEMPLE CITY, a publ ic body , corporate , and po litic
("CITY") and the COMMUNITY DEVELOPMENT COMMISSION OF THE COUNTY OF
LOS ANGE LES , a public agency pursuant to Part 1.7 of Division 24 of the Health and
Safety Code ("COMMISSION"), acting on behalf of the COUNTY OF LOS ANGE LES , a
public body , corporate and politic and po litical subdivision of the State . CITY and
COMMISSION are referred to herein collect ively as "PARTY" or "PARTIES ."
RECITALS
WHEREAS , the County of Los Angeles ("COUNTY") owns certain real property located
at 5939 Golden West Avenue , C ity of Temple City , in the County of Los Ange les , State
of Cal ifornia , upon which is located an approx imately 12 ,182 square foot bu il din g , and
associated surface parking lo t and related facil ities , commonly known as the Temple
City Library , which COUNTY owns and operates ;
WHEREAS , t he Temple City Library is adjacen t to and shares vehicular and pedes trian
access points and parking with CITY property containing City Hall , the City 's "Civic
Cente r" (hosting CITY offices and the Council Chambers) and Temple C ity Park , and
the CITY and COUNTY regularly cooperate w ith each other on even ts in and around the
Temple City Library and Temple City Park ;
WHEREAS , the COUNTY and CITY have agreed to contribute One Mill ion Nine
Hundred Fifty Thousand Dolla rs ($1 ,950 ,000 ) each , a total cont ribution of Th ree M i llion
Nine Hundred Dollars ($3 ,900 ,000), towards enhancing the Temple City Library through
the add it ion of 1,400 square feet, creati ng a new commun ity room w ith in t he li brary , .....,
creating a new and enhanced children 's li brary area within the li brary , ADA upgrades ,
and refurbishing the existing approximately 12 ,182 square foot building , and related site
work and facilit ies ("PROJECT");
WHEREAS , on May 3 , 2016 , the CITY comm itted funds to t he COMMISSION in the
amount of One M i llion Nine Hundred F ifty Thousand Dollars ($1,950 ,000 ) for project
deve lopment costs incl ud i ng COMMISSION 's serv ices i n connection w ith the
PROJECT;
WHEREAS , on October 18 , 2016 the COUNTY committed funds to the COMM ISSION
in the tota l amount of One Mi ll i on Nine Hundred Fifty Thousand Dollars ($1 ,950 ,000 ),
and COMMISSION has agreed to perform services in connect ion with the PROJECT,
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on the COUNTY's behalf, pursuant to the terms of the Master Services Agreement
between the COUNTY and the COMMISSION dated August 21 , 2012 ;
WHEREAS, it is in the public's interest for the CITY to grant funds to the COMMISSION
for the PROJECT because the addition and refurbishment of the Temple City Library
will bring increased educatio nal and library services to the community ;
WHEREAS, the PARTIES desire to enter into this AGREEMENT to establ ish the
PARTIES' rights , duties , and responsibilities with regards to the CITY's grant of funds to
the COMMISSION and to establish the terms and conditions under which such funds
will be disbursed and received ; and
WHEREAS, this AGREEMENT is solely intended to establish the terms and condit ions
as related to the CITY's funds to the COMMISSION in connection with COMMISSION's
services on the PROJECT, and does not relate to any other additional issues regarding
the addition and refurbishment of the Temple City Library nor does it bind the COUNTY
or the County of Los Angeles Public Library to any terms and conditions.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
covenants and promises herein contained , the PARTIES agree as follows :
I. FURTHER DESCRIPTION OF PROJECT. This expanded Temple City Library
will feature separate adult and children's sections , a community meeting room , group
study rooms , and other programs and features developed by the COUNTY.
II. CITY RESPONSIBILITIES .
A. CITY will pay One Million Nine Hundred Fifty Thousand Dollars ($1 ,9 50 ,000) to
the COMMISSION in two payments . First, CITY will pay on a lump-sum basis
not later than th irty (3 0) days following approval and execution of this
AGREEMENT by the PARTIES and upon receipt of COMMISSION's invoice the
amount of Four Hundred Fifty Thousand Dollars ($450 ,000) to be used by
COMMISSION for pre -construction activities and , if any portion of the funds
remain fo l lowing pre-construction work , for construction . Upon COMMISSION
receiving and approving architectural plans for the PROJECT and prior to
COMMISSION putting the PROJECT out for bid , CITY will pay on a lump-sum
basis not later than thirty (3 0) days following receipt of COMMISSION 's invoice
the remaining One Mill ion Five Hundred Thousand Dollars ($1 ,500 ,000)
contemplated by this AGREEMENT. Any additional sums for fund ing the
PROJECT requested to be p rovided by CITY must be agreed to by the parties
and provided for in a sepa rate Agreement or Amendment.
B. CITY will monitor the progress of the work , perform limited s ite work
refurb ishment which includes restriping of park ing lot , provide off-site
improvements for ADA compliance , coordinate and collaborate with the
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COMMISSION on matters relevant to the development and construction of the
PROJECT.
C. CITY agrees that if default will be made in any of the covenants or agreements
herein contained on part of the CITY to be kept and performed , which constitute
a material breach of this AGREEMENT, COMMISSION may terminate this
AGREEMENT upon the giving of thirty (30) days written notice to CITY. In
addition thereto, COMMISSION will have such other rights or remedies as may
be provided by law or equity . COMMISSION may not terminate this
AGREEMENT if (1) CITY cures the default within the th i rty (30) day period after
the notice is given , or (2) the default cannot reasonably be cured within the th irty
(30 ) days after notice is given , but CITY reasonably commences to cure the
default within the thirty (30) days period and diligently and in good fa ith continues
to cure the default.
D. PARTIES agree that w ithin 90 days after the COMMISSION contracts for
arch itectural and design services for the work , the PARTIES and the architect will
meet with the COUNTY to participate in developing a priority list of PROJECT
enhancements to the Library so that , if the funding dedicated to the project will
not fully fund al l of the scheduled project attributes , COUNTY w i ll have the
abil ity under Section V .F(2 ) to modify the project by eliminating the lowest-priority
project aspects first. COMMISSION agrees that in the event that cost estimates
for construction as based on approved architectural and design plans show a
shortfall in project funding , the part ies ' priority list of project attributes will be used
by the County as set forth in Section V.F(2) to complete the project.
Ill. COMMISSION RESPONSIBILITIES .
A. COMMISSION will ut ilize CITY's funds to pay for costs associated with the
PROJECT including , but not limited to , planning and other pre-deve lopment soft
costs , including , but not l imited to , costs of appropriate env ironmental
assessments of the implementation of any improvements , i nspections ,
construction monitori ng , feasibility studies , planning, programm i ng , design,
project management, eng i neering , entitlements , administration and hard costs for
construction and site work , furniture , f ixtures , and equipment or other design and
deve lopment costs as needed for the PROJECT. In addition , the PROJECT will
be brought up to up to current code standards and will comply with appl icable
requirements such as environmental , land-use , and County Civic Art .
B . COMMISSION will oversee the development and construction of the PROJECT.
Th is includes overseeing the programming, design , design development,
entitlement, bidding , construction , furnishing and close of the PROJECT.
C . COMMISSION, as project manager , will in good faith , endeavor to manage costs,
so that the total PROJECT's development costs do not exceed Three Million Nine
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Hundred Thousand Dollars ($3 ,900,000) so that the CITY's contribution towards
the PROJECT construction will not exceed One Mill ion Nine Hundred Fifty
Thousand Dollars ($1 ,950 ,000). If cost estimates for the project after design
work is complete indicate that the project costs will exceed $3 ,900 ,000 .00,
COMMISSION will incorporate into its construction contract bid documents
project alternates (additive or deductive items) based on the priority list
developed pursuant to Section II.D . The CITY understands and acknowledges
that there might exist conditions that are unknown , unanticipated or unforeseen
by the COUNTY as owner of the Temple City Library and that may require
additional funding or changes to the project scope .
D. COMMISSION agrees that if default will be made in any of the covenants or
agreements herein contained on part of the COMMISSION to be kept and
performed , which constitute a material breach of this AGREEMENT, CITY may
terminate this AGREEMENT upon the giving of thirty (30) days written notice to
COMMISSION. In add ition thereto , CITY will have such other rights or remedies
as may be provided by law or equity . CITY may not terminate this AGREEMENT
if (1) COMMISSION cures the defau lt w ithin the thirty (30) day period after the
notice is given , or (2 ) the default cannot reasonably be cured within the thirty (30)
days after notice is given , but COMMISSION reasonably commences to cure the
default within the thirty (30) days period and diligently and in good faith continues
to cure the default.
IV. CONSTRUCTION SITE & ACCESS
A . COMMISSION will uti lize the general a rea depicted and described on the
attached Exhibit I for construction and construction related activ ities
("Construction S ite"), which area generally consists of the land within the
property boundary owned by the COUNTY and may include some work within
the CITY's right-of-way . The Construction Site will only be used for all
construction activities such as staging , storage, set up , temporary offices,
coordination and any other construction related activities during the course of the
construction of the PROJECT. Access to the Construction Site wil l be strictly
prohibited to the public , but may be granted to the CITY Des ignated
Represenatives pursuant to written authorization and execution of a waiver form
prov ided by the COUNTY prior to entering the Construction Site . The PARTIES
agree that the general area of the Construction Site as depicted in the attached
Exh i bit I, may be modified and/or expanded , upon prior approval of the CITY , to
accommodate construction related activities .
B . CITY will not unreasonably impede , hinder or restrict COMMISSION , and its
consultants , contractors , subcontractors and agent's free access to the
PROJECT site at any time .
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V. IT IS MUTUALLY AGREED THAT:
A. Term. This AGREEMENT will remain in force unti l com pl etion of the construction
of the PROJECT as m utua ll y agreed in w riti ng by the C ITY and COMMISSION .
B. T itle and ownership of COUNTY property, including improvements to the Temple
City Library, will remain w ith the COUNTY.
C. Interest Earnings. COMMISSION w i ll establish a separate Temple C ity Library
Construction gene ra l ledger project ("Li b rary City Accou nt ") for the City to e nsure
accu rate accountability f o r the PROJECT's c ash receipts , disbursements , and
interest earnings . Any i nterest earn i ngs on any unspent portion of the One M ill ion
Ni ne Hundred Thousand Fifty Dollars ($1 ,950 ,000) contributed by the CITY will
be allocated and accounted for in the separate Temple City Library Construction
general ledger project through the entire time the project has funds i n it. All
inte rest earned from investment of unspent cash balances during construction
will be apportioned to the CITY and may be used for any cost over-runs for the
PROJECT, or for work scope added a nd approved by the PARTIES or the i r
governing bodies to th i s AGREEMENT. Funds spent on the PROJECT w ill be
drawn equally over t ime from both th e Library City Account and COMMISSION 's
account. Any excess unused principal and/or interest earnings will be returned
equally to the CITY and COUNTY upon completion of the PROJECT.
D . COMMISSION w ill report to CITY on the amounts spent on the PROJECT o n the
follow ing schedule: (i) p ri or to constructi on commencing , every ni nety (90) days ;
(ii) upon commencement of construction through project completion , every thirty
(30) days.
E. Accompl ishment of Work . COMMISSION will use its best effort to complete the
PROJECT in a t imely manner that is c onsistent with co nstruction i ndustry
standards . See A ttachment A fo r the p roposed genera l work sc ope . See
Attachment B for the project schedul e . COMMISSION w ill furn is h C ITY and
COUNTY copies of construction contracts and amendments thereto entered into
between this PROJECT and will keep the CITY informed as to the progress of
the PROJECT.
F. Inabi l ity to Meet Pro ject Schedule and/or Project Budget
(1)
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The CITY's Designated Representative may attend the
COMMISSION 's regularly scheduled PROJECT meetings . If the
COMMISSION determine s at any tim e that the PROJECT may not
be comp leted w ithin the b udget , or the progress of the PROJECT is
10% o r more behind the schedule , t he PARTIES will meet as soon
as possib le following rec e i pt of notice to determ i ne how the
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PROJECT may be completed within the budget or how the
deviation or potential dev iation from the schedule and/o r t he budget
will be cu red. If, in the COUNTY's sole discretion , it appears
poss ible to cure the dev iation within t he budget and/o r schedule ,
the PARTIES will meet with COUNTY to create a mutually
agreeabl e Corrective Action Plan to complete the Work w ith in the
budget and/or schedule .
(2) In the event the Corrective Action Plan fails to restore the
PROJECT to compliance w ith the current budget and/or schedule,
or the COUNTY determines that the budget is insuffic ient to
comp lete the PROJECT as described herein , the PARTIES will
exercise their best efforts to meet and confe r as to (1 ) changes to
the PROJECT which wou ld allow a mod ified PROJECT to be
completed w ith i n the budget and/or schedule , and (2) add iti ona l
resources available to add to the budget to complete the
PROJECT, or an agreed mod ifi cation of the PROJECT. The fi nal
decision by the COUNTY as to how the rema ining funds w il l be
used shall be based upon the project priority list developed
pursuant to Section 11.0 and on the project additives and deductives
made part of the construction contract pursuant to Section Ill. C.
(3) In the unforeseen event of a PROJECT budget surplus , the
PARTIES and the COUNTY will meet to discuss the feasibil ity of a
mutually agreeable plan for further enhancements or te rmination of
the PROJECT.
E. Indemnification . Neither PARTY nor any officer, emp loyee , or agen t thereof will
be responsible for any damage or liab il ity oc curring by reason of anyth ing done
o r omitted to be done by t he other PARTY in connection w ith any work , authority
or jurisdiction each has agreed to perform pursuant to this AGREEMENT.
COMMISSION w ill cause its construction contract with its contracto r to include
language , subject to and to the extent allowed by Cal ifornia Civil Code sections
2782 et seq ., stating that the contractor will indemnify and hold harmless CITY ,
its elected officials , officers , employees , and agents from and against any and a ll
liability , expense (including defense costs and legal fees), and claims for
damages of any nature whatsoever , inc luding , but not limited to , bodily injury ,
death , personal injury , or property damage , arising from or connected w ith the
co ntractor's performance of its obl iga ti on s on the PROJECT.
F . Insurance . During the progress of construction and until comp let ion of the
PROJECT, COMMISSION will requ i re that the contractors perform ing work on
the PROJECT , at th eir sole cost and expense , mainta in certa in levels of
insurance , includ ing general liab ility insurance , to i ns u re agai nst damages
caused by the contracto rs. Such amounts and coverage will be set forth in the
respective agreements with such contractors .To the extent that the
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COMMISSION requires the contractors to name the COMMISSION as an
addit ional insured on any such insurance policies , the COMMISSION w ill also
require that they name the CITY as an additional insured on any such policies .
G . Notices . All notices authorized or requ ired by this AGREEMENT will be effective
when written and depos ited in the United States mail , first-class postage prepaid ,
and addressed as fo ll ows :
CITY :
Courtesy Copy To :
COMMISSION :
Courtesy Copies To :
City Manager
City of Temple Ci ty
9701 Las Tunas Drive
Temple City , CA 91780
xxxx xxxx
City Attorney
Community Development Commission of the
County of Los Angeles
Attn : Kelly Telford , Director
Financial Management Division
Community Development Commission of the County
of Los Angeles
700 W. Main Street
Alhambra, CA 91801
Scott Stevenson , Director
Construction Development Division
Community Deve lopment Commission of the County
of Los Angeles
700 W . Main Street
Alhambra , CA 91801
Skye Patrick , County Librarian
County of Los Angeles Public Library
7400 East Imperial Highway
Downey , CA 90242
H. Independent Contractors . THE PARITES are , and will at all times be deemed to
be , independent contractors with respect to each other . Nothing herein contained
will be construed as c reating the relat ionship of employer and employee , or
principal and agent , between the PARTIESor any of CITY or COMMISSION's
officers , agents , employees , or volunteers . COMMISSION w ill retain authority for
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rendition of services , standards or performance, control of personnel , and other
matters incident to the performance of work on the PROJECT with input from
CITY . CITY and COMMISSION, their officers , agents , employees, and volunteers
will not be considered officers, employees , agents or volunteers of the other
entity .
I. Compliance with all Laws . PARTIES will comply with all laws , statutes ,
ordinances , rules, regulations or requirements applicable to it under Federal ,
State , or local governments , and any agencies thereof, which relate to this
AGREEMENT or in any way affect the funding or construction of the PROJECT.
J. Record Retention and Audit. PARTIES will retain intact and accessible all data,
documents , reports , records , contracts , and supporting materials related to this
AGREEMENT and the PROJECT during the course of construction and for three
(3) years thereafter unless the PARTIES request that such documents will be
retained for longer.
K. Access to Records. Upo n request , COMMISSION will allow CITY to inspect all
documents, materials , payroll and other data related to the construction of the
PROJECT.
L. Availabil ity of Funds. CITY's obligation beyond the initial payment of One Million
Nine Hundred Fifty Thousand Dollars ($1 ,950,000) is subject to the availability of
funds appropriated for this purpose , and nothing herein w ill be construed as
obligating CITY to expend or as involving CITY in any contract or other ob ligation
for future payment of money in excess of appropriations authorized by this
AGREEMENT and by law .
VI. MISCELLANEOUS PROVISIONS.
A. Assignment. The PARTIES will not ass ign this AGREEMENT or their obligations ,
or any money due to or become due under it voluntarily w ithout each other's prior
written consent. In the event of any such purported assignment without prior
written consent, the other PARTY will have the right, in addition to all other rights
provided by law , to terminate this AGREEMENT by giving written notice to the
other PARTY .
B. Insu rance . Each PARTY agrees that the insurance held by the other , whether
commercial or self-insurance is sufficient for the purposes of this AGREEMENT.
C. Governing Law and Venue . This AGREEMENT has been negotiated and
executed in the State of California and will be governed by and construed under
the laws of the State of California . In the event of any legal action to enforce or
interpret this AGREEMENT, the sole and exclusive venue will be a court of
competent jurisdiction located in County of Los Angeles , California and the
PARTIES hereto agree to and do hereby submit to the jurisdiction of such court.
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Furthermore , the PARTIES specifica ll y agree to wa ive any and all ri ghts to
request that an action be transferred for tr ia l to another cou nty .
D. Entire Agreement. This AGREEMENT comprises the en t ire agreement between
the PARTIES with respects to the terms and conditions of the PROJECT. All
previous proposals , offers , discussions , preliminary understandings , and other
communications relat ive to this AGREEMENT , oral or written , are hereby
superseded , except to the extent t hat they have been incorporated i nto this
AGREEMENT , or if they are or relate to the actions , co rrespondences , and
agreements between the Los Angeles County Board of Superv isors and t he
Counc il of the CITY . No future waiver of, exception to , add it ion to , alteration of
any of the terms , cond itions , and /or prov isi ons of th is AGREEMENT w ill be
considered valid un less specifically agreed to in writing by both PARTIES .
E. Amendments . No alteration or variat ion of the te rms of th is AGREEMENT w ill be
va li d unless made i n writi ng and signed by the PARTIES . No ora l understand ing
or agreements not inco rporated herei n w ill be bind i ng on e ithe r of t he PARTIES .
No exceptions , alternatives , substitutes or revisions are va li d or b ind i ng o n eit he r
PARTY unless authorized by the other PARTY in writ ing .
F . Severability. If any term , covenant, cond ition or provis ion of this AGREEMENT is
held by a court of competent jurisdiction to be invalid , void , or unenforceable, the
remainder of the provisions hereof will remain in full force and effect and will in
no way be affected , impaired , or inval idated thereby .
G. Attorney's Fees . In any action or proceed i ng to enforce or interpret any provis ion
of this AGREEMENT, or where any prov ision hereof is va li d ly asserted as a
defense, each PARTY w ill bear its own attorney's fees , costs , and expenses.
H. Interpretation . This AGREEMENT has been negotiated at arm 's length and
between persons sophisticated and knowledgeable i n the matters dealt w ith in
th is AGREEMENT. In addition , each PARTY had been represented by
independent lega l c ounsel of their own choos ing . Each PARTY f urt her
acknowledges that they have not been influenced to any extent wha tsoever in
executing this AGREEMENT by any other party hereto or by any person
representing them , or both . The provisions of th is AGREEMENT w i ll be
i nterpreted in a reasonable manner to affect the i ntent of the PARTIES and this
AGREEMENT.
I. Consent to Breach Not Wa iver. No term or provision of t his AGREEMENT will be
deemed waived and no brea c h excused , unless such wa iver or consen t w ill be i n
w ri ti ng and signed by the PARTY cla i med to have wa ived or conse nted . Any
co nsent by any PARTY to , or waive r of, a breach by th e other, w het her express
or imp li ed , will not const itute consent to , waiver of, or e xc use f or any other
d ifferent or subsequent breach .
HOA.101490516.1 9
J . Authority. The PARTIES to this AGREEMENT represent and warrant that this
AGREEMENT has been duly authorized and executed and constitutes t he legally
binding obligation of their respective organizat ion or entity , enforceable in
accordance with the terms .
K. Headings . The headings of this AGREEMENT are solely for the convenience of
the PARTIES and do not form a material part of this AGREEMENT. Headings are
not to be considered in the construction of th is AGREEMENT.
L. Third-Party Beneficiaries . Except as provided in this AGREEMENT, and
recognizing that the PROJECT and the new Temple City Library wi ll benefit
members of the public, the County is the only th ird-party beneficiary to this
AGREEMENT.
M. Termination . Unless otherwise set forth herein, this AGREEMENT may only be
terminated by the mutua l written consent of the PARTIES .
N. Damage or destructi on . PARTIES agree that if the PROJECT site or any work
performed by COMMISSION or on its behalf for or on the PROJECT be
damaged or destroyed by f i re , incidents of earth movement, flood , vandalism , or
other elements, whether prior to or after completion of the PROJECT by no fault
of COMMISSION , COUNTY, or CITY , the CITY is not entitled to reimbursement
of funds it has paid to COMMISSION up to the time of the damage or destruction .
HOA.l01490516 .1 10
IN WITNESS WHEREOF , this Agreement has been executed as of the date first written
above .
HOA.101490516 .1
CITY OF TEMPLE CITY
By ________________________ __
ATIEST:
By ________________________ __
APPROVED AS TO FORM :
COMMISSION
Community Development Commission
Of the County of Los Angeles
APPROVED AS TO PROGRAM FOR THE
COMMISSION
CONSTRUCTION DEVELOPMENT DIVISION
BY ______________________________ __
Scott Stevenson , Director
APPROVED AS TO FORM FOR THE COMMISSION :
Mary C. W ickham
County Counsel
BY ________________________________ __
Benaz Tashakorian , Deputy
11
HOA .101490516.1 12
r----~-----
ATTACHMENT A
SCOPE OF WORK
Depicted here in is the general workscope , which incl udes refurbishment of the existing
library , and a 1 ,416 square foot add ition . Detai ls of th is plan and general work scope for
the PROJECT are kept on fi le w ith the Ci ty of Te mple City and the County Library and
are based on a May 3 , 2016 City Staff Report .
0-·-·-·
MEETING ROOM
W/KITCHENmE
FAMILY
PLACE AREA
Oil lOREN'S
UBRARY
GROUP STUDY
ROOM
FRIENDS OF TC UBRARY
MARKET PlACE
SHELVING
----
• The overall renovation and expans ion includes , but i s not limited to :
o Additional seating , work stations , and group study room .
o Complete in terior renovation w ith new furn iture and fi xt u res
o Ene rgy savi ng measures and cod e requ ired ADA upgrad es
o Restriping of t he parking lot to add s ix (6) add itio nal park ing stalls
HOA.10 1490516.1 13
EXPANDED
SHELVING
MILESTONE
Funding from City
Rece ived
Procure/Select Arc hitect
Board Approv al of
Arc hitect Co ntract
Des ign -Programm ing
(Resea rch and Due
Diligence)
Design -Schematics
Des ign Development
Construction Draw ings
and Specifications
Plan Check , Plann ing
Approva ls , Entitlements
Bidd i nQ
Boa rd Approval of
Construction Contract
Award
Constru ction I
Close Out
Co ll ection Move-in
TOTAL ...___ ... ..___..
HOA.l01490516.1
ATTACHMENT 8
PROJECT SCHEDULE
MONTHS COMMENTS
Start date Th is is when CDC rece ives a
c heck from the C ITY.
2
1
2
1
1
3
3 Plan check t hro ug h applicable
j urisd iction .
2 Assumes no bid protest. """ r
2 ~s ... . .--~ s
13 ____j I ' I I
2 ______, I ~ I I
3 J I I I ~
___.; /"t I I I \
35 ___, ...__., .._... -~
14
I_]
"
E x p a n s i o n
A r e a
) > _ , _ ,
) >
( )
I s : m z _ ,
O J
MOTION BY SUPERVISOR MICHAEL ANTONOVICH
ATTACHMENT C
AGN . NO . __
October 18 , 2016
The County of Los Angeles (County) owns and opera tes the Temple City Library
(Library) in an appro ximately 12 ,182 square foot building , with associated surface
parking lot and related facili t ies, located at 59 39 Golden West Ave in Temple City since
1963 . The Library is located i n the Temp le City civ ic center and shares parking and
access w ith the City . The County and Temple City (City ) have had a cooperative
relationship regarding the operations and programm ing of County and City funct ions .
The County and the City proposed to enter into an agreement to improve the Library
and asso ci ated parking in order to enhance the Library.
These enhancements will include the refurbishment of the Library , includ ing the
addit ion of 1 ,400 square fee t to the existing Libra ry including creating a new com mun ity
meeting room and improving the c hildren 's area (Project). In order to comp lete th is
Project , the County and the City have agreed to enter into independent f und ing
agreements with the Community Development Commission (Commission ), which will
oversee t he design and construction of this Proj ect.
The City will contribute $1 ,950 ,000 to t he Commission , and the County will
contribute $1 ,950,000 from Fifth Superv isorial District Discretionary Funds to the
Commiss ion , for a total Project budget of $3 ,900 ,000 . The Commission will return to the
Board , as necessary , to award contracts for constru ction of the Project.
HOA.101231366.1 -M 0 R E-
MOTION
RIDLEY-THOMAS _________ _
KUEHL
KNABE
ANTONOVICH
SOLIS
I, THEREFORE , MOVE that the Board of Supervisors :
1. Find that the improvements to this Library are exempt from the provis ions of the
California Environmental Qua lity Act (CEQA) pursuant to Section 15301 of the
CEQA Gui delines and Class 1 of the County 's Environmental Document
Re port in g Pro cedures and Guidelines , Appen dix G .
2. Authorize the Chief Executive Offi cer , or their des ignee, to enter into an
ag reement wi th T emple City for the purpose of memoria l izing opera t ions and
programming of the Library , as we ll as reciproca l use of the Library and City
facilities, p rovided that the agreement does not include any financial provisions
and is approved by County Counsel.
3. Approve t he attached approp riation adjustment to transfer $1 ,950 ,000 allocated
to the Fifth Supervisorial District from the Extraordinary Maintenance budget unit
to the Project and Facilities Development budget unit.
4 . Authorize the Chief Executive Officer, or their designee , to execute and , if
necessary , amend a funding ag reement with the Comm iss ion fo r improvements
to the Temple City Library and parking areas.
I , FURTHER, MOVE that the Board of Supervisors , acting as the Commissioners of the
Commun ity Development Commission :
1. Authorize the Executive Director, or his designee , to accept and incorporate a
total of up to $3 ,900 ,000 i nto the Commiss ion 's approved Fisca l Year 2016-2017
budget ;
2. Authorize the Executive Director, or his designee , to execute independent
funding agreements with the Cou nty and City ,and to take any other actions
necessary to effectuate the transfer of these funds ;
3. Authorize th e Commission to all ocate administra t ive and project related costs to
this Project effective July 1, 2016.
###
HOA.l01231366.1
PINK(l)
BA FORM 05052015
AUDITOR-CONTROLLER :
COUNTY OF LOS ANGELES
REQUEST FOR APPROPRIATION ADJUSTMENT
DEPARTMENT OF CHIEF EXECUTIVE OFFICER
BOARD OF SUPERV ISO RS
OFFI CIAL COPY
October 18, 2016
DEPTNO: 060
THE FOLLOWIN G APPROPRIATION ADJUSTMENT IS DEEMED NE CESSARY BY THIS DEPARTMENT. PLEASE CONFIRM THE ACCOUNTING ENTRIES AND AVAILABLE
BALANCES AND FORWARD TO THE CHIEF EXECUTIVE OFFICER FOR HIS RECOMMENDATION OR ACTION .
EXTRAORDINARY MAINTEN ANCE
AO l -CF-2000·12810
SERVICES & SUP PLIES
DECREASE APPROPRIATION
SOURCES TOTAL
JUSTIFICATION
SOURCES
ADJ USTMENT REQUESTED AND REASONS THEREFO R
FY 2016-1 7
1,950,000
$ 1,950,000
3 ·VOTES
USES
PROJECT AND FACILITY DE VElOPM ENT
AOl ·CF·SS00-10190
OTHER CHARGES
INCREASE APPROPRIATION
USES TOTAL
1,950,000
$ 1,950,000
Reflects the transfer of $1.95 Million f rom Extrao rdinary M ai ntenance to Project & Facili ty Deve lopment to f u nd the Temp le City Ubr ary
refurbishment project.
BOARD OF SUPE RVISOR 'S APPROVAL (AS REQUESTED/REVIS ED)
REFERRED TO THE CHIEF
EXECUTIVE OFFICER FOR···
AUDITOR-CONT ROLLER
B.A. NO. O't 3
D ACTION
~7L
DATE tlcf 12;?tJJ h
APPROV ED AS REQUESTED
D APPROVED AS REVISED
CHIEF EXECUTIVE OFFICER
SEND 3 COPI ES TO THE AUD ITOR CON TR OLLER
-yt,1 C~ttfM W1 ~ t}-
OATE t I) j /?.r It~