HomeMy WebLinkAboutAGENDA REPORT 2019 0306 CCSA REG ITEM 10KCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 3/6/2019
ACTION Approved staff
recommendation.
BY B.Garza
K. Consider Request for Proposal for an Arts Master Plan. Staff Recommendation:
Approve and authorize staff to release the Request for Proposals for an Arts
Master Plan, subject to final language approval of the City Manager.
Item: 10.K.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Management Analyst
DATE: 03/06/2019 Regular Meeting
SUBJECT: Consider Request for Proposal for an Art s Master Plan
BACKGROUND
In 2005 the City Council adopted City Ordinance 321, which formally established the Art
In Public Places program. This program requires certain residential, commercial and
industrial development projects to either install public artwork or pay an in lieu fee. The
in lieu fee is established by City Council resolution, and is currently set at one percent of
the project valuation (excluding land value and off-site improvement costs). Ordinance
321 also established the Art In Public Places Fund (2007) to collect and maintain these
in lieu fees for use exclusively for the Art In Public Places Program. Currently the Fund
has a balance of approximately $4.2 million dollars.
The City’s Arts Commission is tasked with reviewing and recommending both City
sponsored art projects and private art installations required under the Art In Public
Places program. Commission recommendations are forwarded to the City Council, who
has approval authority for art installations in the City. Examples of art installations in
private developments that went through this approval process include the stone
sculpture in the Patriot Commerce Center on Miller Parkway and the bronze sculpture in
Campus Plaza on Campus Park Drive.
Activities of the Commission fall under the oversight of the City’s Parks, Recreation and
Community Services Department (PRCS). The PRCS also plans and implements new
Art In Public Places projects throughout the City. To date, the City has sponsored a
modest collection of public art installations throughout the City including the 911
Memorial sculpture/fountain at the corner of Tierra Rejada Road and Mountain Trail
Street; Veteran’s Memorial Park, the mammoth bone sculpture at Mammoth Highlands
Park; the “We Are One Family” sculpture at the Ruben Castro Human Service Center;
and the lithomosaic art and toad sculpture at Arroyo Vista Community Park. Most
recently the City commissioned the “Thin Blue Line” sculpture at the Police Services
Item: 10.K.
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Honorable City Council
03/06/2019 Regular Meeting
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Center, honoring the men and women in law enforcement. While these are noteworthy
public art accomplishments, they have been achieved on an individual basis, without the
benefit of an overarching vision or plan to guide the City’s public art activities.
On June 20, 2018 the Moorpark City Council approved the Operating and Capital
Improvement Budget for Fiscal Year 2018/2019. The budget includes investments in
long-term planning relative to a number of initiatives facing the City, including the
development of an Arts Master Plan (Master Plan). The goal of the Master Plan is to
establish a communitywide vision for the City’s public art program and to establish
feasible priorities and programs that will serve to guide public and private efforts over
the coming decade.
A key aspect of the development of the Master Plan will be to evaluate the community’s
attitudes and interests regarding art. It is anticipated that this will include input from the
City Council, Arts Commission, staff and various stakeholders throughout the
community. To guide this process, and the preparation of the Arts Master Plan, staff
desires to bring in a qualified consultant with arts master planning experience and an
understanding of the best practices in the public art arena.
In 2018 the Arts Commission created an Ad Hoc Committee, consisting of
Commissioner Blaugrund and Commissioner Roullard, to participate in the selection of
a qualified consultant to guide the development and preparation of the Master Plan.
Staff, with input from the Ad Hoc Committee, prepared a draft Request for Proposals
(RFP), and on February 20, 2019 the Arts Commission approved the attached version
of the RFP and forwarded it to City Council for consideration.
DISCUSSION
The RFP provides a detailed Scope of Work that includes an evaluation of the City’s
existing public art programs and policies, outreach to stakeholders to evaluate the
community’s attitudes and interests regarding art, and the creation of a Master Plan that
will prescribe programs and policies to align City efforts with community interests and
integrate art into the City’s efforts and activities. In addition to the Master Plan, the
Scope of Work includes an update to the City’s guidelines for the Art In Public Places
program to incorporate industry best practices regarding the implementation of City
sponsored public art projects.
As part of the RFP submission, prospective consultants will be required to provide
information regarding their arts master planning experience and the qualifications and
experience of staff to be assigned to the project. They will also be required to provide a
list of tasks that they propose to undertake during the course of the project to complete
the requirements detailed in the Scope of Work, as well as a detailed schedule that will
show the project duration and identify how the tasks will relate to the project
deliverables.
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Honorable City Council
03/06/2019 Regular Meeting
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Once received, proposals will be reviewed based on the following criteria:
• Qualifications and experience
• Thoroughness of response, approach to providing sound services, and ability to
provide services to meet objectives
• Strength of examples of previous projects (with emphasis on projects of similar
scope and scale to Moorpark)
• Cost
The proposals will be evaluated by a review committee consisting of City staff and the
Ad Hoc Committee members. Proposers will be ranked based on the above criteria
and, if necessary, interviews will be scheduled with the top-ranked firms. The
consultant selected as the most qualified to provide the requested services will be
invited to negotiate a final Agreement. If an agreement is not reached, negotiations
may be terminated and commenced with the next highest ranked proposer. Prior to
execution of any agreement, the selected consultant will be presented to the Arts
Commission and the City Council for approval.
Staff anticipates issuing the RFP in early March, following approval by the City Council.
The tentative contract award schedule would be as follows:
Deadline for RFP submittal: April 12, 2019
Application Review/Interviews: April 15-26, 2019
City Council Approval: May, 2019
Contract Execution/Project Start: June, 2019
FISCAL IMPACT
No additional appropriation is required at this time. The adopted Fiscal Year 2018-19
budget includes $30,000 for Arts Master Plan consulting services. Staff will return to the
City Council once the consultant has been selected and the associated costs have been
fully evaluated.
STAFF RECOMMENDATION
Approve and authorize staff to release the Request for Proposals for an Arts Master
Plan, subject to final language approval of the City Manager.
Attachment: Request for Proposals for Arts Master Plan
395
Attachment
CITY OF MOORPARK
REQUEST FOR PROPOSAL
FOR
ARTS MASTER PLAN
RFP Submittals Due By:
April 12, 2019
AT 4:00 P.M. (PT)
Parks Recreation and Community Services Department
799 Moorpark Avenue
Moorpark, California 93021
Attn: Chris Ball, Management Analyst
396
OVERVIEW
The City of Moorpark (City) is requesting proposals from qualified firms, consultants or
consultant teams (Proposers) with arts master planning experience to evaluate the
City’s existing public art policies and programs, assess the community’s attitudes and
interests regarding art, and create the City’s first Arts Master Plan (Master Plan). The
goal of the Master Plan is to establish a communitywide vision for the City’s public art
program, update existing policies and identify resources and partnerships to achieve
that vision, and set feasible priorities and programs that align with the vision and will
serve to guide public and private efforts over the next ten years. The Master Plan, and
ancillary deliverables, will also provide direction to City Council, the Arts Commission,
and City staff on the planning and processes necessary to effectively administer and
maintain the City’s public art program.
BACKGROUND
The City of Moorpark was incorporated in 1983, and is located at the intersection of SR
23 and SR 118 in southeastern Ventura County, approximately 50 miles northwest of
downtown Los Angeles. The City has a population of approximately 37,000 residents
and covers approximately 12.5 square miles. U.S. Census Bureau data suggests the
City’s racial make-up is approximately 56% White, 32% Hispanic or Latino, and 7%
Asian. The City is governed by a Council/City Manager form of government. Moorpark
is recognized for having the lowest number of serious crimes committed in Ventura
County and is one of the safest cities of its size in the United States.
In recognition of the fact that public art improves the character of the community and
enhances the quality of life for individuals living in, working in, and visiting the City, the
City Council adopted City Ordinance 321 in 2005, which formally established the Art In
Public Places program. This program requires certain residential, commercial and
industrial development projects to either install public artwork or pay an in lieu fee. The
in lieu fee is established by City Council resolution, and is currently set at one percent of
the project valuation (excluding land value and off-site improvement costs). Ordinance
321 also established the Art In Public Places Fund to collect and maintain these in lieu
fees for use exclusively for the Art In Public Places Program. Currently the Art In Public
Places Fund has a balance of approximately 4.5 million dollars.
In addition to establishing the Art In Public Places program, Ordinance 321 established
a Public Art Advisory Committee to review proposed art installations and make
recommendations to the City Council. In 2005 the City acquired the High Street Arts
Center (HSAC), a 260-seat performing arts venue located at 45 High Street, in order to
preserve a venue for live performances in the downtown area. The following year the
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Public Art Advisory Committee was dissolved and the Moorpark Arts Commission
(Commission) was established, consisting of five members of the community appointed
by City Council. The role of the Commission included not only making
recommendations regarding proposed Art In Public Places projects, but also acting in
an advisory capacity regarding all HSAC operational and programming matters. In 2009
the Moorpark Foundation for the Arts (Foundation) was established as an independent
non-profit organization to support and promote HSAC activities, and in 2012 the
Foundation assumed full responsibility for operating the facility. Since that time
Foundation has expanded the profile and popularity of the venue. The ongoing mission
of the Foundation is to provide support for and promote the arts, specifically the HSAC,
in the City.
After the Foundation assumed operations of the HSAC, the role of the Commission was
refocused on reviewing Art In Public Places projects, with the additional role of
considering matters related to the HSAC and other art activities only when requested by
the City Council. This remains the role of the Commission today, which meets quarterly
to review and recommend both City sponsored art projects, and private art installations
required under the Art In Public Places program. Commission recommendations are
forwarded to the City Council, who has approval authority for art installations in the City.
Examples of art installations in private developments that went through this approval
process include the stone sculpture in the Patriot Commerce Center on Miller Parkway
and the bronze sculpture in Campus Plaza on Campus Park Drive.
Activities of the Commission fall under the oversight of the City’s Parks, Recreation and
Community Services Department (PRCS). The PRCS also plans and implements new
Art In Public Places projects throughout the City. Since establishing the Art In Public
Places Fund, the City has sponsored a modest collection of public art installations
throughout the City including Veteran’s Memorial Park; an interactive Mammoth Bone
Sculpture at Mammoth Highlands Park; the “We Are One Family” sculpture at the
Ruben Castro Human Service Center; and the lithomosaic art at Arroyo Vista
Community Park. Most recently the City commissioned a sculpture titled “Thin Blue
Line” at the Police Services Center. The PRCS, in collaboration with the Arts
Commission, continues to actively seek out opportunities to expand the City’s public art
offerings to the community.
Additionally, the PRCS organizes and presents a number of annual community events,
including the Moorpark Multicultural Arts Festival (Arts Festival). The history of the Arts
Festival pre-dates available records, however it is clear that the event was established
well before the City’s incorporation in 1983. Over the years the event has experienced
variable success and been organized by various organizations. In the early 2000’s local
volunteer organizations coordinated the event. In 2007 the City assumed responsibility
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for coordinating and promoting the event. The Arts Festival included art exhibitions,
craft fair, interactive art activities, food booths and live performances. The event was
discontinued in 2016 for a variety of reasons including declining attendance and
difficulties attracting artists to participate. In 2018, at the direction of the City Council,
the event was re-envisioned and brought back as a multicultural event with an emphasis
on presenting events and activities that showcased various cultural elements of the
community.
SCOPE OF WORK
The selected Proposer shall complete execution of the items listed below, and as
described throughout this RFP. This effort involves the creation of an Arts Master Plan,
the process and product of which is to include, but not be limited to the following:
• Perform an assessment of the City’s assets and opportunities for public art,
including potential locations. This is to include reviewing and becoming familiar
with existing policies, documents and local codes, as well as planned future
developments.
• Plan, develop, and lead efforts to evaluate the community’s attitudes and
interests regarding art. Identify and engage key stakeholders in input sessions to
influence the creation of the Master Plan. Develop surveys and other tools to
gather data; tools and responses will be provided as an appendix to the final
Master Plan document. It is anticipated that an inclusive, multi-lingual (English
and Spanish) outreach campaign will be required in order to fully engage the
community.
• Facilitate and manage activities and communications with designated City staff
including, but not limited to, meeting schedules, agendas and material
preparation for planning purposes and progress updates.
• Recommend formal policy guidelines and procedures for the Art In Public Places
program based on industry best practices, that incorporate existing policies and
any recommended policy updates and cover the following elements:
o Criteria for the siting of public art projects;
o Guidelines for inclusion of public art in public and private development
projects;
o A general process by which artists are commissioned and selected;
o Policies for the management of commissioned art projects including, but
not limited to, City/artist/stakeholder roles and responsibilities, contracting
requirements, and any applicable regulatory requirements;
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o Standards for maintenance funding and managing public art inventory;
o Policies for acceptance of donated/gifted artwork;
o Policies and procedures for deaccession of artwork
• Produce a written Arts Master Plan that is a detailed narrative and illustrative
document that includes:
o Vision and mission statements for the City’s public art program;
o Summary of research, findings and community input results;
o Discussion of existing programs, policies and resources;
o Recommended changes to the City’s public art policies and processes,
including proposed changes to the Art In Public Places ordinance;
o Recommended programs and initiatives that align with the established
vision for the City’s public art program;
o Opportunities and strategies for partnering with key community
stakeholders to further the vision for the public art program;
o Analysis of current public art funding sources and recommended
additional models and opportunities for arts funding;
o Recommendations for documenting and archiving existing public art
inventory, including private art installations installed under the Art In Public
Places program;
o Strategies for the preservation of accessible space in private and public
developments for public art installations;
o Identification of sites for future permanent and/or temporary public art
projects;
o Strategies for ongoing community engagement and outreach, taking into
account the City’s limited resources;
o Clear and feasible goals and implementation strategies that take into
account the City’s available resources, and include short and long-term
initiatives, estimated budget and costs, and implementation dates;
• Provide print and electronic copies of the completed Master Plan, as well as
electronic copies of all accompanying supplemental materials in a format to be
determined by the City.
• Present the completed Master Plan to the Arts Commission and the Moorpark
City Council, including preparation of presentation materials (PowerPoint
presentation, information boards, handouts, etc.).
PROPOSAL CONTENT
Proposals are to include the following elements:
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• Introduction:
Present general introductory comments, including a purpose statement
describing your understanding of the proposed project and required services.
• Work Plan and Project Schedule:
Provide a detailed description of your approach to designing, managing and
coordinating the project including:
o Project Objectives: Describe your understanding of the project objectives
and how these will be achieved.
o Work Plan: Clearly identify and describe all tasks and subtasks you will
undertake to accomplish the requirements set forth in the Scope of Work
o Schedule: Prepare a project schedule that shows how tasks fit within the
project timeline and relate to appropriate milestones and project
deliverables.
o City Resources: Identify the types of information, data and assistance
expected from the City.
• Consultant Qualifications and References:
o Provide a brief profile outlining company/consultant history and
philosophy.
o Team Composition and Experience: List all key personnel who will be
assigned to this project, including their roles and responsibilities and
relevant experience and qualifications. Include any subconsultants that
will work on the project.
o Provide references for at least three (3) past projects similar in size and
scope to this project. The projects should have been completed by
substantially the same project team within the last five years. Include
project description, project budget, project start and completion dates,
description of staffing resources dedicated to the project, and client name
and contact information (including email address).
• Cost Proposal:
The cost proposal should include the following:
o A detailed itemization of project costs. At a minimum the costs for each
task and subtask identified in the work plan should be included, as well as
any other costs to be charged by the Proposer to complete the Scope of
Work.
o A total not-to-exceed price for the project.
o A listing of Proposer’s hourly rates by classification as well as other cost
factors which would be needed to price extra work.
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• Additional Information:
Include any other essential information that may assist in the evaluation of the
proposal.
• Signature(s): Proposals must be signed by an individual or individuals
authorized to bind the firm, consultant or consultant team. Unsigned proposals
may be rejected.
PROPOSAL EVALUATION AND SELECTION
The City will develop and oversee the process for the evaluation of the proposals
received. It is anticipated that evaluation of proposals will be conducted by a panel
consisting of City staff and Commission members.
All proposals properly received before the submission deadline will be evaluated based
on the criteria below, listed in relative order of importance:
1. Qualifications and experience of the Proposer
2. Thoroughness of response, approach to providing sound services, and ability to
provide services to meet objectives
3. Strength of examples of previous projects (with emphasis on projects of similar
scope and scale to Moorpark)
4. Cost to the City
The City may elect to conduct interviews of the top rated Proposers. The Proposer
whose overall proposal is rated the highest will be invited for an interview to negotiate a
final contract. If an agreement is not reached, negotiations may be terminated and
commenced with the next highest rated Proposer.
The award of the contract will be based on a combination of all of the above factors.
The City is not bound to select any of the Proposers submitting proposals, may waive
any irregularities in proposals and their submittal which may be advantageous to the
City, and is not liable for any costs of preparation and submittal of proposals, including
any presentations made to the City.
SUBMITTAL INFORMATION
Proposers interested in submitting a proposal for this project should register by e-
mailing Kimberly Sexton, Administrative Assistant, at ksexton@moorparkca.gov.
Proposals must be received at the address below no later than 4 p.m. (PT), Friday, April
12, 2019. Any proposals received after this date and time may be considered non-
responsive, in which case the City will return the proposal, unopened. Proposals must
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be in writing and may be delivered by hand, mail or courier. Oral, telephonic, facsimile,
telegraphic, or electronically transmitted proposals will not be considered or accepted.
One (1) original and three (3) printed copies, plus a digital version (thumb drive) of the
proposal must be submitted.
Direct proposals to:
City of Moorpark
Parks, Recreation and Community Services Department
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Chris Ball, Management Analyst
Please clearly mark the envelope with the following: RFP – Arts Master Plan
Submitted proposals may be withdrawn at any time prior to the submission deadline
specified in the RFP, provided notification is received in writing before the submittal
deadline. Proposals cannot be changed or withdrawn after the submittal deadline.
INQUIRIES / ADDENDA
If a Proposer has any questions about this RFP or the proposed scope of work, or if a
Proposer finds any error, inconsistency or ambiguity in the RFP, the Proposer must
submit a request for clarification or correction by email to the City’s project manager,
Chris Ball at cball@moorparkca.gov. Requests for clarification or correction must be
received no later than April 5, 2019 at 5 p.m. (PT).
Interpretation or correction of the RFP will be made by addendum posted on the City bid
webpage (available at http://www.moorparkca.gov/bids.aspx), and any addendum will
be considered a part of the RFP and will be incorporated therein. It is incumbent on the
Proposer to review and address any addenda posted on the City bid webpage prior to
submission of the final proposal. Registration for bid notifications on the City webpage
does not relieve the Proposer of the responsibility for ensuring that posted addenda
have been received and addressed. Telephone communication with City staff is not
encouraged, and the City is not bound by any clarifications, interpretations, corrections
or changes to the RFP that are made verbally or in any manner other than by written
addendum.
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CONTRACT REQUIREMENT
Before any services can commence, the selected Proposer will be required to sign and
deliver the City’s Professional Services Agreement (PSA), a sample of which is
attached to this RFP. To ensure the smooth and timely implementation of this project,
Proposers responding to this RFP should review all the terms and conditions of the
PSA, including, but not limited to, provisions relating to insurance and indemnity. The
City will require certificates of insurance and additional insured endorsements, as
specified in Exhibit A of the PSA, when the Proposer submits the signed PSA.
The City’s policy is that the PSA be accepted as is. By submitting a proposal to the City
in response to this RFP, each Proposer is deemed to have provided its approval of the
PSA and assurance that it is able to meet the insurance requirements contained therein.
If a Proposer seeks limited modification of any aspect of the PSA, then the Proposer
must identify the proposed changes in the proposal. However, changes or qualifications
to the PSA may be weighed in the evaluation of the proposal and, at the City’s
discretion, may cause rejection of the proposal as non-responsive.
This RFP, or any part of it, and the Proposer’s responses, will be incorporated into and
made a part of the PSA. The City reserves the right to further negotiate and/or modify
the terms and conditions of the PSA. The Proposer whom the City Council selects must
cooperate with the City in good faith to negotiate, sign, and deliver the final PSA.
OTHER CONSIDERATIONS / RESERVATION OF RIGHTS
• This RFP does not commit the City to award a contract, to defray any costs
incurred in the preparation of a proposal pursuant to this RFP, or to procure or
contract for work. No payment of any kind will be provided to a consultant for
responding to this RFP, or parties they represent, for obtaining any of the
information requested.
• The City reserves the right to reject any and all proposals, and to reissue the
RFP.
• The City reserves the right to cancel or modify, for any or no reason, in part or in
its entirety, this RFP including, but not limited to, selection schedule, submittal
date, and submittal requirements, without prior notice. Notification of revisions to
the RFP will be made by addendum posted on the bid webpage.
• The City reserves the right to verify the information received in the proposal. If a
Proposer knowingly and willfully submits false information or data, the City
reserves the right to reject that proposal. If it is determined that a contract was
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awarded as a result of false statements or other data submitted in response to
this RFP, the City reserves the right to terminate the contract.
• The City reserves the right to request additional information at any time from any
and all Proposers which the City deems necessary to evaluate Proposer
qualifications.
• Proposers are responsible for making all necessary investigations and
examination of records related to this RFP. Failure to do so will not act to relieve
any condition of a potential professional services agreement or the requirements
set out in this RFP. It is mutually understood and agreed that the submission of a
proposal shall be considered evidence that the Proposer has made such
examinations and investigations. No request for modification of proposal shall be
considered after its submission on the grounds that the Proposer was not fully
informed as to any fact or condition.
• All documentation and materials submitted in response to this RFP will remain
the property of the City and will become a public record subject to the
requirements of the California Public Records Act.
• The selected Proposer will maintain any required professional licenses and
registrations during the life of the contract with the City.
• The selected Proposer shall obtain a City of Moorpark Business Registration
prior to commencing any work.
ANTICIPATED SCHEDULE OF RFP ACTIVITIES
1. Issuance of RFP: March 8, 2019
2. Deadline for RFP submittal: April 12, 2019 (4 p.m. PT)
3. Application Review / Interviews: April 15 - 26, 2019
4. City Council Approval: May, 2019
5. Award of Agreement & Notice to Proceed: June, 2019
ATTACHMENTS
Attachment 1 – Sample Contract with Insurance Requirements
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND ________________
FOR ARTS MASTER PLAN CONSULTANT SERVICES
THIS AGREEMENT, made and effective as of this _____ day of ____________,
2019, between the City of Moorpark, a municipal corporation (“City”) and ________, a
___________ (“Consultant”). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
WHEREAS, City has the need for arts master plan consultant services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated ____________,
which is attached hereto as Exhibit ____________.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit
___________, unless this Agreement is terminated or suspended pursuant to this
Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide _____________ services, as set forth in Exhibit ____. In
the event there is a conflict between the provisions of Exhibit ____ and this Agreement,
the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit ____.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit ____.
Compensation for the services to be performed by Consultant shall be in
accordance with ____________. Compensation shall not exceed the rates or total
contract value __________ dollars ($_____________) as stated in ___________,
without a written Amendment to the Agreement executed by both parties. Payment by
City to Consultant shall be in accordance with the provisions of this Agreement.
Attachment 1
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be ________________, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W -9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in ____________, based
upon actual time spent on the above tasks. This amount shall not exceed
____________ dollars ($____________) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of twenty-
five dollars ($25) per day for each calendar day the work, or portion thereof, remains
uncompleted after the above specified completion date. Liquidated damages shall be
deducted from any payments due or to become due to the Consultant under the terms
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of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including legal
counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees),
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where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or agency for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
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13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
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conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered 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 party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: __________________
__________________
__________________
__________________
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
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21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
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 shall be entitled
to recover its costs and expenses, including attorneys’ fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
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27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONSULTANT
__________________________________ __________________________________
Troy Brown, City Manager NAME, TITLE
Attest:
__________________________________
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
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payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ ____________
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
Consultant Name
Signature, Title Date
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