HomeMy WebLinkAboutAGENDA REPORT 2019 1106 REG CCSA ITEM 09CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 6, 2019
ACTION Approved staff recommendation.
BY B.Garza.
C. Consider Agreement with Kiwanis Club of Moorpark to Display Banners on
Streetlight Poles within the City of Moorpark. Staff Recommendation: Approve
Agreement with Kiwanis Club of Moorpark to display banners on streetlight poles
within the City of Moorpark, and authorize City Manager to sign the Agreement,
subject to final language approval of the City Manager. (Staff: Jessica Sandifer)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 11/06/2019 Regular Meeting
SUBJECT: Consider Agreement with Kiwanis Club of Moorpark to Display
Banners on Streetlight Poles within the City of Moorpark
BACKGROUND
On November 17, 2010, the City Council approved an agreement between the City of
Moorpark and the American Legion (Legion) to allow banners to be installed on City
streetlight poles for the Legion’s Military Banner program. The Agreement originally had
a four year term and on September 17, 2014, the City Council approved an Amendment
extending the agreement expiration an additional four years to July 31, 2019. Under the
initial Agreement the City contributed $4,000 to the program and waived all costs
associated with installation of the banners. The City contributions included payment to
the City’s tree contractor to install the banners on the streetlight poles. When the
Agreement was extended, the Legion was required to provide, mount and install the
banners, as well as maintain, remove and cover all expenses associated with the
banner program.
DISCUSSION
The Kiwanis Club of Moorpark (Kiwanis) has approached the Legion and the City with a
proposal to take over the administration of the Military Banner program. Staff met with
representatives of Kiwanis and the Legion and both parties are supportive of Kiwanis
managing the program for the Legion. To facilitate Kiwanis’ management of the
program, staff has drafted an agreement with Kiwanis for display of banners on
streetlight poles within the City of Moorpark, at specific designated locations.
Under the Agreement, Kiwanis will handle all administration of the banner program
including applications, managing a database of banner locations and recipients, and
payment of the costs for the banners, including installation of the banners on the
streetlight poles. The banner design, size, and method of hanging need to be approved
Item: 9.C.
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Honorable City Council
11/06/2019 Regular Meeting
Page 2
by the City. The City will install and/or remove the banners two times per fiscal year
using our tree maintenance contractor, and will be reimbursed by Kiwanis for all costs
related to this service. The City will also provide as-needed emergency services related
to the removal of the banners in cases where the banners have been damaged and
need to be removed prior to the scheduled removal date, such as damage due to wind
or vehicular accidents. The as-needed services will be accomplished by utilizing in-
house staff and equipment.
The Moorpark Military Banner Program is designed to honor the service of those who
are current serving in the military. In order to be considered for a banner a service
member must have a minimum of one year remaining in active service, and two of the
following:
• Attended Moorpark High School
• Raised in Moorpark
• Currently have family living in Moorpark
• Currently reside in Moorpark
Banners will be installed for the expected service life of the banner (expected to be two
to three years). If the service member still has one year left of active duty, a
replacement banner can be purchased and installed.
FISCAL IMPACT
There will be no direct fiscal impact as a result of approving this agreement, as the
agreement requires Kiwanis to reimburse the City for all costs related to installation and
removal of the banners. However, the City will incur some direct costs related to staff
time and use of City equipment to provide as-needed emergency services.
STAFF RECOMMENDATION
Approve Agreement with Kiwanis Club of Moorpark to display banners on streetlight
poles within the City of Moorpark, and authorize City Manager to sign the Agreement,
subject to final language approval of the City Manager.
Attachment: Draft Agreement
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ATTACHMENT
Agreement Between the City of Moorpark and
Kiwanis Club of Moorpark Foundation
to Display Banners on Utility Poles within the
City of Moorpark Boundaries
This Agreement, made and entered into this __________day of ___________, 2019,
between the City of Moorpark, a municipal corporation located in the County of Ventura,
State of California, hereinafter referred to as "City" and Kiwanis Club of Moorpark
Foundation, a non-profit corporation hereinafter referred to as "Program Administrator".
W I T N E S S ET H:
WHEREAS, Program Administrator desires to display banners on City-owned
streetlight poles honoring military personnel from Moorpark; and
WHEREAS, City will allow Program Administrator to display banners in
accordance with this agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises contained herein, the parties hereto agree as follows:
1. Scope of Services
Program Administrator agrees to provide banners to City and City agrees to
mount and display banners from certain City-owned utility poles within the City
boundaries twice annually. Banners will be placed on those street light poles deemed
appropriate by the City. Generally, the Pole Locations will be on Tierra Rejada Road,
Spring Road, Miller Parkway, Campus Park Drive, Collins Drive, Princeton Avenue,
Championship Drive, and Meridian Hills Drive.
2. Compensation
The City will install and display the banners at pole locations that are mutually
designated. Program Administrator agrees to reimburse City the costs to install,
maintain and/or remove the banners.
3. Term of Agreement
The term of this Agreement shall be from December 1, 2019 to November 30,
2024, unless this Agreement is terminated or suspended pursuant to this Agreement.
After the initial term, the Agreement will convert to an annual agreement which
may be terminated by either party as provided in Section 4.
4. Termination
This Agreement may be terminated with or without cause by City at any time with
written notice no less than thirty (30) days in advance of such termination. Program
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Administrator may terminate this Agreement only by providing City with written notice no
less than thirty (30) days in advance of such termination.
5.Scope of Work
A. City Responsibilities
1)City agrees to allow banners to be displayed on City-owned streetlight
poles along Tierra Rejada Road, Spring Road, Miller Parkway, Campus
Park Drive, Princeton Avenue, Collins Drive, Championship Drive and
Meridian Hills Drive. City has sole determination of which poles will
receive banners.
2)City agrees to provide installation and removal of the banners twice each
fiscal year. City will also provide as needed removal of banners that
become damaged and/or may fall into the public right-of-way. All removed
banners will be returned to the Program Administrator.
3)City agrees to host information on the City’s website about the Military
Banner Program.
B. Program Administrator Responsibilities
1)Program Administrator will prepare process and procedures for the
Program for approval by City. Process and procedures will include
participation criteria, application process, maximum length a banner will be
installed, and other information pertinent to the program. Program
Administrator is responsible for maintaining appropriate contact
information for the City.
2)Program Administrator will manage the Program, including maintenance of
a database of banner locations and purchasers, length of installation, and
provide funding for the Program. The Program is not considered a
program of the City.
3)Program Administrator agrees to furnish the necessary supplies and
materials for the Program including but not limited to banners and hanging
hardware.
4)Program Administrator agrees to reimburse City direct costs of installation
and removal of the banners. Program Administrator agrees to pay the City
within thirty (30) calendar days of receipt of an invoice for installation or
removal costs of the banners.
6.General Conditions
A. Program Administrator shall indemnify, defend and hold harmless City,
and any and all of its officers, employees, and agents (“City Indemnitees”) from and
against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Program Administrator’s performance of its obligations under this
Agreement or out of the operations conducted by Program Administrator, including the
City’s active or passive negligence, except for such loss or damage arising from the
sole negligence or willful misconduct of the City. In the event the City Indemnitees are
made a party to any action, lawsuit, or other adversarial proceeding arising from
Program Administrator’s performance of this Agreement, the Program Administrator
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shall provide a defense to the City Indemnitees or at the City’s option reimburse the City
Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in
defense of such claims.
Program Administrator agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this Section from each and every subcontractor,
or any other person or entity involved by, for, with, or on behalf of Program
Administrator in the performance of this Agreement. In the event Program Administrator
fails to obtain such indemnity obligations from others as required here, Program
Administrator 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 Program Administrator 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 Program
Administrator 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.
B. Program Administrator shall maintain prior to the beginning of and for the
duration of this Agreement insurance coverage as specified in Exhibit A, attached
hereto and made a part of the Agreement.
C. This Agreement constitutes the entire Agreement of the parties concerning
the subject matter hereof and all prior Agreements or understandings, oral or written,
are hereby merged herein. This Agreement shall not be amended in any way except by
a writing expressly purporting to be such an amendment, signed and acknowledged by
both of the parties hereto.
D. 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.
E. 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.
F. 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.
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G. This Agreement is made, entered into, executed and is to be performed in
Moorpark, 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.
CITY OF MOORPARK KIWANIS CLUB OF MOORPARK
FOUNDATION
Troy Brown, City Manager Steve Hoppel, President
Date Date
Attest:
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Program Administrator
will maintain insurance in conformance with the requirements set forth below. Program
Administrator will use existing coverage to comply with these requirements. If that
existing coverage does not meet requirements set forth here, Program Administrator
agrees to amend, supplement or endorse the existing coverage to do so. Program
Administrator 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.
Program Administrator 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 Program Administrator owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Program Administrator or Program
Administrator’s employees will use personal autos in any way on this project, Program
Administrator 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.
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
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 Program Administrator, 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.
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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 Program
Administrator. Program Administrator and the City agree to the following with respect to
insurance provided by Program Administrator:
1.Program Administrator 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 and
CG 2037 with edition acceptable to the City. Program Administrator also agrees
to require all contractors and subcontractors to do likewise.
2.No liability insurance coverage provided to comply with this Agreement shall
prohibit Program Administrator, or Program Administrator’s employees, or
agents, from waiving the right to subrogation prior to a loss. Program
Administrator 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 Program Administrator 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. Program Administrator
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.
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 Program Administrator’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
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the premium. Any premium so paid by the City shall be charged to and promptly
paid by Program Administrator or deducted from sums due Program
Administrator, at the City’s option.
8.Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Program Administrator 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 Program Administrator 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.Program Administrator agrees to ensure that subcontractors, and any other party
involved with the Work who is brought onto or involved in the Work by Program
Administrator, provide the same minimum insurance required of Program
Administrator. Program Administrator 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. Program
Administrator agrees that upon request, all agreements with subcontractors and
others engaged in the Work will be submitted to the City for review.
11.Program Administrator 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
Program Administrator’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 Program Administrator, 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 Program
Administrator 90 days advance written notice of such change. If such change
results in substantial additional cost to the Program Administrator, the City will
negotiate additional compensation proportional to the increased benefit to the
City.
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.
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14.Program Administrator acknowledges and agrees that any actual or alleged
failure on the part of the City to inform Program Administrator 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.Program Administrator 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.Program Administrator 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 Program Administrator’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 Program Administrator under this Agreement. Program
Administrator 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.Program Administrator 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 Program Administrator for the cost of additional insurance coverage
required by this 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.
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22.Program Administrator agrees to provide immediate notice to City of any claim or
loss against Program Administrator 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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