HomeMy WebLinkAboutAGENDA REPORT 2022 1019 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 19, 2022
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
C. Consider Request for Proposals for Parks and Recreation Master Plan Update.
Staff Recommendation: Approve and authorize staff to release the Request for
Proposals for the Parks and Recreation Master Plan update, subject to final
language approval of the City Manager. (Staff: Jeremy Laurentowski, Parks &
Recreation Director)
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Senior Management Analyst
DATE: 10/19/2022 Regular Meeting
SUBJECT: Consider Request for Proposals for Parks and Recreation Master Plan
Update
SUMMARY
The City Council is being asked to consider a Request for Proposals (RFP) seeking the
services of a highly qualified consultant with expertise in parks and recreation planning to
prepare a comprehensive update to the City’s Parks and Recreation Master Plan.
BACKGROUND
On June 3, 2009, the City Council adopted an update to the Parks and Recreation Master
Plan (Master Plan). The Master Plan was originally adopted by the City Council in
September of 1986. The 2009 Master Plan update evaluated the recreation facilities and
programs that currently exist in Moorpark; the users of these facilities and programs; the
importance of parks, facilities and programs and the role they play in the lives of the
residents of Moorpark; types of facilities and programs that are deficient in the City; and
potential funding sources for these facilities and programs. The Master Plan was
intended to assist the Parks, Recreation and Community Services Department with
planning parks and recreation facilities over the subsequent seven to 10 year time span.
Since the 2009 Master Plan update, the City has built three additional parks, installed a
dog park, skate park, and various other park amenities, and acquired interest in over 200
acres of additional open space. During that time the City’s overall population remained
relatively stable, although demographic indicators suggest that it shifted away from young
families and toward older adults. In surveys the community has generally indicated
satisfaction with parks and recreation opportunities in Moorpark, however direct feedback
from residents shows an appetite for growing sports like pickleball and a desire for new
facilities like a splash pad. Such changes within the City, as well as evolving trends,
Item: 10.C.
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technologies and consumer preferences in the parks and recreation industry, underscore
the City’s need for an updated Master Plan.
The Moorpark City Council prioritized the Master Plan update in its Goals and Objectives
for 2021-2023 with the following Objective:
Objective 2.13: Develop an RFP and hire a consultant to update the City’s
2009 Parks and Recreation Master Plan, including a study of Youth, Teens,
and Senior Adults, with an emphasis on inclusion, collaboration with various
youth and senior organizations, and survey of all Moorpark residents to
develop programming, events, and recreational needs.
This Objective highlights several of the Council’s priorities for the Master Plan update
including a study of the needs of youth and teens, a study of the needs of senior adults,
collaboration with youth and senior organizations, and an emphasis on inclusion in all
aspects of the project.
On November 14, 2021, to assist with this Objective, the Parks and Recreation
Commission (Commission) nominated Commissioner Morgan and Commissioner
Gunning to serve on an ad hoc committee (Committee) and provide input on the
development of an RFP to identify a qualified consultant to guide the development and
preparation of the updated Master Plan. The Committee will also assist with consultant
selection and provide an initial review of the Master Plan prior to presenting the final
document to the Commission, and ultimately the City Council for approval. Staff, with
input from the Committee, prepared a draft RFP and on October 3, 2022, the Commission
approved the RFP (attached) and forwarded it to City Council for consideration.
DISCUSSION
The RFP for the Master Plan update provides a detailed scope of work outlining major
tasks for the project. These include a comprehensive inventory and evaluation of existing
recreation facilities and programming; a thorough parks, facilities and recreation needs
assessment; recommendations for new amenities within the existing park system and
new facilities, open space, and/or trails that should be constructed; recommended
modifications to recreation programming, services, guidelines, and policies; and cost
estimates for Master Plan implementation along with funding recommendations.
While an overall update to the Master Plan is the main goal, the RFP highlights a number
of key issues to be considered over the course of the project, including relevant Council
Goals and Objectives. Most notably, Council Goal #2 reads “Practice Respect, Equity
and Inclusion Citywide.” To support this Goal, the selected consultant will need to
implement inclusive, multi-lingual (English/Spanish) engagement strategies to assess the
needs of the entire community, and incorporate respect, equity and inclusion to the
greatest degree possible in the Master Plan’s findings.
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Other key issues to be considered in the Master Plan update include:
•Assessing and addressing the needs of the community’s youth and senior
populations.
•Strategies to address the City’s aging recreation facilities with particular attention
on expanding Arroyo Vista Recreation Center and options for relocating the Active
Adult Center and Community Center.
•Planning for new facilities and amenities to address the community’s interests and
align recreation resources with current trends.
•Exploring partnerships and other opportunities to enhance service provision and
ensure community resources are being allocated effectively.
The findings and recommendations of the Master Plan update are to be heavily influenced
by the needs and interests of the community, and guided by applicable current industry
trends, national standards and best practices. Therefore, in addition to possessing a
comprehensive knowledge of the parks and recreation industry, the selected consultant
will need to conduct a robust public engagement campaign to fully assess community
needs and priorities.
While the RFP outlines the main deliverables for the Master Plan update, proposers are
encouraged to present their own project design and work plan for achieving the project
goals. Submitted proposals will also include the consultant’s qualifications, proposed
team composition and experience, references from comparable projects, a detailed
project schedule, and a detailed cost proposal. Once received, proposals will be reviewed
based on the following criteria:
•Demonstrated and thorough understanding of the project.
•Expertise and qualifications of assigned staff, including prior experience in
performing similar studies for public sector clients.
•Overall project design and methodology/approach.
•Proposed schedule/timeline and projected completion date(s).
•Responsiveness to the requirements of the RFP.
•Recent references from comparable clients.
The proposals will be evaluated and ranked by a review committee consisting of City staff
and the Parks and Recreation Commission ad hoc committee members. If necessary,
interviews will be scheduled with the top-ranked firms. Following interviews, the proposer
whose overall proposal is rated the highest will be invited to negotiate a final contract with
the City. If an agreement is not reached, negotiations may be terminated and commenced
with the next highest ranked proposer.
Staff anticipates issuing the RFP in late October, following approval by both the Parks
and Recreation Commission and the City Council. The anticipated contract award
schedule would be as follows:
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Deadline for RFP submittal: Late November 2022
Application Review/Interviews: December 2022
City Council Approval: January 2023
Contract Execution/Project Start: January/February 2023
FISCAL IMPACT
Funding for the Parks and Recreation Master Plan update was not included in the
FY 2022/23 operating budget due to uncertain project timing and costs. Based on current
costs for Master Plan updates in other communities, the update to the Master Plan is
expected to cost approximately $150,000 to $200,000. Staff will seek funding from the
City Council following consultant negotiations and selection.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Goal 2, Objective 2.13: “Develop an RFP and
hire a consultant to update the City’s 2009 Parks and Recreation Master Plan, including
a study of Youth, Teens, and Senior Adults, with an emphasis on inclusion, collaboration
with various youth and senior organizations, and survey of all Moorpark residents to
develop programming, events, and recreational needs.”
STAFF RECOMMENDATION
Approve and authorize staff to release the Request for Proposals for the Parks and
Recreation Master Plan update, subject to final language approval of the City Manager.
Attachment: Request for Proposals for Parks and Recreation Master Plan Update
485
ATTACHMENT
1
CITY OF MOORPARK
REQUEST FOR PROPOSALS
FOR
PARKS AND RECREATION
MASTER PLAN UPDATE
RFP Submittal Deadline:
[DATE], 2022
AT [TIME] (PT)
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attn: Liz Smith, Purchasing Analyst
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CITY OF MOORPARK
NOTICE
REQUEST FOR PROPOSALS
Parks and Recreation Master Plan Update
Notice is hereby given that sealed proposals will be received at the Finance Department,
Purchasing Division until [DATE], 2022 at or before [TIME] local time, for performing all
work necessary and incidental to:
Providing parks and recreation planning services in accordance with the RFP.
Proposers must register with the City’s Purchasing Division no later than [DATE],
2022 to be eligible to submit a proposal. To register, email Liz Smith, Purchasing
Analyst at purchasing@moorparkca.gov and provide your name, your company’s
name, address, and telephone number. Please be sure to include the bid title in
the subject line of your email. Ms. Smith will acknowledge receipt of your
registration, but you may also confirm receipt after 24 hours of your registration
by calling Ms. Smith at (805) 517-6219.
The City will use this information to notify you of any addenda to these documents.
Without this information, the City has no way of identifying who may have outdated or
incomplete copies. It is the prospective vendor’s responsibility to ensure the most
complete and current versions of the documents are obtained, including any addenda.
Proposal Submittal: Proposals may be submitted in either electronic (preferred) or
physical (hard copy) format:
Electronic Format: Email proposal in PDF format to the City’s RFP administrator, Liz
Smith at purchasing@moorparkca.gov. Include in the subject line “PROPOSAL –
PARKS AND RECREATION MASTER PLAN UPDATE”.
Physical Format: Mail or deliver one (1) hard copy of your proposal to: City of
Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021, Attn: Liz Smith, Purchasing
Analyst. Submit Proposal in a sealed envelope marked “PROPOSAL – PARKS AND
RECREATION MASTER PLAN UPDATE”.
Proposals received after the submittal deadline will not be considered.
Questions about this RFP must be submitted by email to the City’s RFP administrator,
Liz Smith at purchasing@moorparkca.gov. Requests for clarification or correction must
be received no later than [DATE], 2022 at [TIME] (PT).
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Table of Contents
I.INTRODUCTION .................................................................................................. 4
II.BACKGROUND ................................................................................................... 4
III.MASTER PLAN GOALS ...................................................................................... 6
IV.SCOPE OF SERVICES ........................................................................................ 8
V.PROPOSAL CONTENTS AND SUBMITTAL INFORMATION .......................... 11
VI.PROPOSAL EVALUATION AND SELECTION ................................................. 14
VII.ANTICIPATED SCHEDULE OF RFP ACTIVITIES ............................................ 15
VIII.INQUIRIES / ADDENDA .................................................................................... 15
IX.PROPOSAL TERMS AND CONDITIONS .......................................................... 15
X.ATTACHMENTS ................................................................................................ 18
Attachment 1: Sample Agreement and Insurance Requirements ....................................19
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I. INTRODUCTION
The City of Moorpark (City) seeks the services of a highly qualified consulting firm
(Consultant) with proven expertise in recreation facility planning, community outreach,
recreation program assessment, financial analysis, and organizational analysis, to
prepare a comprehensive update to its Parks and Recreation Master Plan (Master Plan).
The Master Plan was last updated in 2009. The City seeks a concise, user-friendly Master
Plan that will establish a framework for decision-makers in the planning, programming,
operation, maintenance and development of Moorpark’s parks, recreation areas, open
space, trails, and recreation facilities over the subsequent 10-year planning timeframe.
Comprehensive public outreach and inclusive engagement with the Moorpark community
will be a fundamental component of this Master Plan update. A strategic priority for the
City is to practice respect, equity, and inclusion citywide. The City desires a Master Plan
that reflects the needs and desires of all members of the community. Consultants
responding to this Request for Proposals (RFP) must demonstrate an ability to effectively
engage all populations in this project.
II. BACKGROUND
The City of Moorpark was incorporated in 1983 and is located at the intersection of State
Route (SR) 23 and SR 118 in southeastern Ventura County, approximately 50 miles
northwest of downtown Los Angeles. The City has a population of approximately 36,000
residents and covers approximately 12.8 square miles. U.S. Census Bureau data
indicates the City’s racial make-up is approximately 54% White, 30% Hispanic or Latino,
8% Asian and 4% Black or African American. 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. It is a General Law City that provides essential quality of life services
including landscape and facility maintenance, open space preservation, special events,
and recreation programs for all ages.
The City employs 58 full-time, year-round permanent staff members and a varying
number of part-time staff throughout its five Departments: City Manager’s Office; Finance;
Community Development; Public Works and Parks, Recreation and Community Services.
The City’s staffing model embraces a combination of in-house staff and contractors to
deliver quality services at the best value.
The City’s Parks, Recreation and Community Services Department (PRCS) manages
nineteen (19) parks, a Recreation Center, an Active Adult Center, a Library, and over 400
acres of open space. The PRCS operating budget for the 2022/23 Fiscal Year includes
approximately $10.8 million of expenditures. These expenditures include approximately
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$1.5 million for Recreation Division operations, $1 million for Library Services, $1.5 million
for Facilities Division operations, and $2.5 million for Park Maintenance District
operations. Park maintenance expenses are offset by approximately $1 million in park
assessment revenue and the remaining costs, about $1.5 million, subsidized by the
General Fund.
The Parks and Recreation Master Plan was last updated thirteen years ago. Since that
time the City has built three additional parks, installed a dog park and various other park
amenities, and acquired interest in over 200 acres of additional open space. While the
City’s overall population has remained relatively stable, demographic indicators suggest
a population shifting away from young families and toward older adults. Community
satisfaction with the quality of parks and recreation opportunities in Moorpark ranks highly
in surveys such as the 2020 National Community Survey. However, direct feedback from
residents suggests an appetite for growing sports like pickleball and frisbee golf, and a
desire for new facilities like a community pool and splash pad. Such changes within the
City, as well as evolving trends, technologies and consumer preferences in the parks and
recreation industry underscore the City’s need for an updated Master Plan.
Addressing this need is a priority for the Moorpark City Council, which included the
following objective in its adopted Goals and Objectives for 2021-2023:
Objective 2.13: Develop an RFP and hire a consultant to update the City’s
2009 Parks and Recreation Master Plan, including a study of Youth, Teens,
and Senior Adults, with an emphasis on inclusion, collaboration with various
youth and senior organizations, and survey of all Moorpark residents to
develop programming, events, and recreational needs.
As it is written, this objective highlights several of the City’s key priorities for this project
including a study of the needs of youth and teens, a study of the needs of senior adults,
collaboration with youth and senior organizations, and an emphasis on inclusion in all
aspects of the project.
The update to the Parks and Recreation Master Plan is one of several recent or active
planning initiatives that the City has undertaken. A Facility Condition Assessment and
Reserve Study is currently in progress to inventory, assess the condition, identify
corrective actions, and forecast replacement of systems and components at 10 City
buildings and 19 City parks. The building inventory will cover all standard building
systems and components. The parks inventory will include all park amenities (restroom
facilities, parking, walkways, fencing, entrances, signage, utilities,
playgrounds/components, surface material, lighting, drinking fountains, exercise
equipment, benches, picnic tables, bleachers, backstops, and barbecues). Additionally,
the study will identify short and long-term deferred maintenance needs, including
estimated costs, as well as a 20-year cost analysis and reserve budget forecast. This
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project, scheduled for completion later this year, will be a key reference for the Master
Plan update.
The City is also in the process of updating its General Plan (details at
moorparkgeneralplan.com) and recently completed an Arts Master Plan (available at
moorparkca.gov/arts). PRCS has started design development for a new City Library
(moorparkca.gov/yourlibrary) and recently initiated the development of a master plan for
a recreation trail along the Arroyo Simi. The selected Consultant will need to consider
and coordinate with these and other studies to ensure that the findings and
recommendations in the updated Master Plan take into account and/or are compatible
with other planning initiatives citywide.
III.MASTER PLAN GOALS
The goal of the Master Plan update is a comprehensive Parks and Recreation Master
Plan that is clear, concise and easily understood, with adaptable and implementable
recommendations and action items that will guide the City’s efforts over the subsequent
10-year planning cycle. While baseline information is available in the 2009 Parks and
Recreation Master Plan (available at
http://moorparkca.gov/DocumentCenter/View/13857/RES-CC-2009-2821-2009-0603---
Parks-and-Recreation-Master-Plan), it is expected that the final product will be heavily
influenced by the needs and interests of the community, and guided by applicable current
industry trends, standards and best practices. The completed Master Plan will be read
by a broad range of stakeholders including City staff and officials, partner agencies and
organizations, regional user groups, local businesses, and residents. Therefore, the
finished document should incorporate a variety of textual and graphic elements (photos,
diagrams, infographics, etc.) to create a readable and engaging reference document
suitable for all audiences.
While an overall update of the Master Plan is the predominant goal, the City has identified
a number of key issues that are to be considered and addressed in the final document.
These key issues include:
•City Council Goals: The Moorpark City Council’s Goals and Objectives for 2021-
2023 includes several goals/strategic priorities that will need to be considered over
the course of the project.
o Goal 2 - “Practice Respect, Equity and Inclusion Citywide”: The selected
Consultant must incorporate multi-lingual (English/Spanish) engagement
strategies and incorporate input from throughout the Moorpark community. This
goal should also be incorporated in the Master Plan’s final recommendations,
incorporating respect, equity and inclusion to the greatest degree possible.
o Goal 3 – “Place an Emphasis on Economic Development with a Focus on Historic
High Street to Enhance a Destination and Sense of Community”: The completed
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Master Plan should identify opportunities to enhance economic development
Citywide, through various partnerships, investments in existing and/or future
facilities, or other areas of interest.
o Goal 4 – “Find Ways to Help the Community Develop, and Sustain and Enhance
Arts, Culture, and Entertainment, and Public Events”:
• The selected Consultant will evaluate the recommendations in the City’s
recently adopted Arts Master Plan and identify additional opportunities to
satisfy this goal.
• This Master Plan update will set the planning framework for a future feasibility
study on the expansion of Arroyo Vista Recreation Center, described in City
Council Objective 4.4 as follows: “Prepare a feasibility study to expand the
Arroyo Vista Recreation Center, including office spaces and gym, with an
emphasis on expanded opportunities for both City programs and private
events.”
• Aging Facilities and Amenities: The City has multiple facilities and amenities that
are in need of renovation or are approaching the end of their useful life. The selected
Consultant will evaluate all the City’s recreation facilities and amenities and provide
recommendations. Of particular interest are:
o Expanding Arroyo Vista Recreation Center with an emphasis on expanded
opportunities for both City programs and private events, as noted above under City
Council Goal 4.
o Identifying potential new locations for the Active Adult Center and Community
Center, as the current location has been identified as a property for future
redevelopment.
• New Facilities and Amenities:
o Residents have expressed the desire for various additional facilities such as
pickleball courts, swimming pool, water play feature and a frisbee golf course.
These and other new ideas should be evaluated and prioritized for implementation
with site recommendations.
o New development promises at least one new neighborhood park over the next ten
years. A review and update to the City’s park development standards is to be
included in the Master Plan process.
• Youth and Senior Programming: Assessing and addressing the needs of the
community’s youth, teen and senior adult populations is a priority for the Master Plan
update, as indicated in City Council Objective 2.13 (see Section II. Background). In
addition to meeting the needs of the community as a whole the completed Master Plan
should provide specific information and guidance to adequately address the current
and future needs of these unique populations.
• Policies, Operations & Staffing: An analysis of all Parks and Recreation related
policies and operational resources, including staffing, should be provided, along with
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recommendations based on current best practices and comparisons with cities and
districts of similar size. New facilities and/or programs proposed in the Master Plan
need to be linked with operational resources and staffing plans.
• Partnerships: Existing partnerships should be evaluated, and new opportunities
identified to enhance service provision and ensure that the community’s existing
resources are being allocated in the most effective manner.
IV. SCOPE OF SERVICES
The Master Plan update will require a broad system assessment, including citywide
evaluation and inventory to identify parks, recreation, facility, trail and open space
resources, deficiencies, and opportunities. The selected Contractor will be expected to
maintain an open dialogue with staff and to work closely with the City’s project team
(Project Team) to ensure the updated Master Plan reflects the vision and priorities of the
City and its citizens.
The following description of the scope of services is not definitive and intended as a guide
to illustrate anticipated project parameters. Proposers are encouraged to present their
own path to producing a comprehensive Master Plan based on best practices and areas
generally covered in a Master Plan document, while addressing the goals identified
above. Proposed work plans should incorporate the use of technology (i.e., electronic
surveys, use of web for Master Plan progress, online meeting software, use of
infographics) for effective communication and maximum stakeholder involvement while
minimizing Master Plan costs.
Major tasks for this project should include, but not be limited to:
A. Establish Master Plan Goals & Objectives
1) Identify the background, purpose, goals, and objectives of the Master Plan
o Incorporate themes of equity and inclusion
o Consider future trends and planning best practices for use of public space for
recreation, wellness, and community building.
B. Evaluate Existing Conditions
1) Review applicable studies, plans and policies.
2) Compile an inventory and assessment of the existing parks, community facilities,
open space areas and trails. The analysis should consider the capacity of each
amenity (meeting rooms, playgrounds, ball fields, sports courts, trails, natural
areas, amenities, etc.) as well as their functionality, accessibility, condition,
convenience and useful life. The Facility Condition Assessment and Reserve
Study will inform this effort as well as on-site assessments, as necessary.
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3)Conduct an inventory of existing public recreation programming, including sports,
arts, education, entertainment, alternative recreation, etc.
4)Conduct an inventory of park and recreation-related facilities and programming
provided by other area providers (Moorpark Unified School District, private
businesses, etc.).
5)Analyze if the available inventory of park and recreation facilities within the City
and immediate surrounding area are aligned with nationally recognized standards
related to park acreage, active fields (baseball, softball, soccer etc.), tennis /
pickleball courts and more.
6)Identify partnership opportunities including nonprofit partnerships, private
businesses, surrounding cities and districts, County of Ventura, and national and
state parks programs.
C.Outreach and Engagement
1)Meet with Project Team and/or other key staff members during Plan development
to finalize project parameters, assess park conditions, understand community
issues, and vet recommendations.
o Note: Consultant shall hold meetings with the Project Team as often as
necessary, but in no case less than once per month, for the purpose of progress
reporting.
2)Develop and administer a robust public engagement campaign to assess
community needs, priorities, and satisfaction with current amenities and offerings.
o Utilize explicitly participatory community engagement techniques to organize
and extract input from diverse community stakeholders, including but not
limited to:
Interviews with key stakeholders
Special interest focus groups
Meetings with local agencies involved in parks, open space and recreation
Community survey(s)
Community meetings/workshops, sidewalk/pop-up engagement
•Note: Consultant will be expected to conduct a minimum of two (2)
community workshops.
3)Develop and administer an online engagement tool that can be linked from the
City’s website to share ideas with community members and keep them apprised
of updates.
4)Presentations to various City advisory committees and City Council
o Present document (draft and final) to the Arts, Youth, Parks and Recreation
and/or Planning Commissions for review and comment
o Present document (draft and final) to the City Council for review, comment, and
final direction
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5) Prepare all handouts, graphics, maps, agendas, displays, and other materials
necessary for the conduct of successful meetings, workshops, presentations,
study sessions, website, social media, etc.
D. Needs Assessment
1) Conduct a comprehensive parks, facilities and recreation needs assessment
incorporating:
o Community needs
o Programming needs
o Park, open space, and facility needs
o Unique and underserved populations (Youth and Teens, Senior Adults, other
populations identified during research and outreach activities)
o Staffing analysis
o Demographic, economic, and social trends analysis
o Comparative analysis with communities of similar size and density
o Comparative analysis with relevant national standards including, but not limited
to, those established by the National Park and Recreation Association (NPRA).
o Emerging trends from national and regional studies.
o Research and analysis (from above items, existing conditions study, etc.).
2) Assess Parks Development Fee balances and potential revenues from current and
future development projects
o Analyze the adequacy of the current fee system, and compare with other cities
o Identify financing needs, options, and alternatives
3) Identify opportunities to incorporate technology and art to enhance existing and
new amenities.
4) Identify opportunities to enhance equity and inclusion in existing and new
amenities and programs.
5) Consolidate findings into a gap analysis report with short and long-term (10-year)
forecasting.
E. Recommendations
1) Identify and prioritize modifications to existing parks, facilities, open space and
trails.
2) Identify and prioritize opportunities for development and/or acquisition of new
parks, facilities, open space, and trails.
3) Identify and prioritize implementation of new PRCS programs and services.
o Particular attention to be given to youth/teen and senior populations.
4) Recommend updates to existing parks, recreation, and open space policies and
procedures. Identify new policies where appropriate.
5) Address costs to implement recommendations, including operations and
maintenance cost increases.
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o Provide recommendations to meet funding needs including, but not limited to,
financing options, private and public funding opportunities, and partnerships.
6) Employ statistically significant analytically methods to support any findings and
recommendations generalized across the entire community.
7) Provide implementation action plan for recommendations.
o Include estimates of annual costs for implementation (capital, operating,
maintenance, and replacement) and identify funding sources.
F. Preparation of Master Plan Document
1) Over the course of the project, present drafts of main Master Plan components to
the Project Team for review and comment including, but not limited to:
o Outreach and engagement plan
o Outreach/promotional collateral
o Survey draft(s)
o Facilities and programming inventories
2) Provide draft document segments to Project team for review at the 30% phase,
60% phase, and 90% phase.
3) Present draft document to various stakeholders, committees and commissions for
review and comment including, but not limited to:
o Parks and Recreation Commission
o Planning Commission
o Arts Commission
o Youth Commission
4) Present draft document to the City Council for review, comment, and final direction.
5) Prepare final master plan document.
o The adopted Master Plan shall be provided in hard copy, print-ready Adobe
Portable Document Format (PDF), and editable electronic file format
compatible with City software.
Provide thirty (30) bound copies of final document.
o All data, information, materials, and work produced including final text, maps,
and graphics including all digital files shall become the sole property of the City
of Moorpark.
6) Attend the Parks and Recreation Commission, Planning Commission, and City
Council meetings as needed in regard to adoption of the Master Plan.
V. PROPOSAL CONTENTS AND SUBMITTAL INFORMATION
Registration
Potential respondents to this RFP (Proposers) must register with the City’s
Purchasing Division no later than [DATE] to be eligible to submit a proposal. To
register, e-mail Liz Smith, Purchasing Analyst, at purchasing@moorparkca.gov with your
name and your organization’s name, address, and telephone number. Be sure to include
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the bid title in the subject line of your email. Ms. Smith will acknowledge receipt of your
registration, but you may also confirm receipt after 24 hours of your registration by calling
Ms. Smith at (805) 517-6219.
Proposal Content
Submissions in response to this RFP (Proposals) must contain the following information
in the order and format listed below to be considered.
1)Cover Letter: Provide a brief cover letter that includes all the following information:
o Proposer’s name, address, phone number, and website address.
o A purpose statement describing your understanding of the required services.
o The name, title, address, phone number, and email address of the person or
persons authorized to represent the Proposer regarding all matters related to this
RFP and any subsequent contract award.
o A statement affirming the Proposer’s ability to comply with the contract provisions
as outlined in the City’s sample Agreement and insurance requirements.
o Signature: The cover letter must be signed by a person or persons authorized to
bind the Proposer to all commitments made in the Proposal.
2)Consultant Qualifications and References:
o Provide a brief profile outlining the company/consultant’s history, philosophy, and
relevant background experience including efforts, if any, to promote equity and
inclusion organizationally. Discuss the applicability of such experience to this RFP.
o Team Composition and Experience: Identify the principals having primary
responsibility for implementing the Proposal. Discuss their professional and
academic backgrounds. Provide a summary of similar work they have previously
performed. List the amount of time that each principal will spend on this project.
Describe the responsibilities and capacity of the technical personnel involved.
Substitution of project manager and/or lead personnel will not be permitted
without prior written approval of the City.
Identify any subcontractors to be used. Describe the work to be performed by
them and the number of hours or the percentage of time they will devote to the
project. Provide a list of their assigned staff, qualifications, and relationship to
project management.
3)Work Plan and Project Schedule: Provide a detailed description of your approach to
designing, managing, and coordinating the project including:
o Objective, Scope, and Nature of Proposed Program: Describe the overall approach
to the project, including the objective and scope of work to be performed.
o Work Plan: Clearly identify and describe all tasks and subtasks you will undertake
to accomplish the requirements set forth in the Scope of Services.
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o Schedule: Prepare a project schedule that shows how tasks fit within the project
timeline and relate to appropriate milestones and project deliverables. Include
estimated labor hours and calendar time requirements for each product/activity.
o City Resources: Identify the types of information, data, staff resources, and
assistance expected from the City.
4) Conflict of Interest: Address possible conflicts of interest with other clients affected by
actions performed by the company/Consultant on behalf of the City. Although the
bidder will not be automatically disqualified by reason of work performed for other
parties, the City reserves the right to consider the nature and extent of such work in
evaluating the Proposal.
5) References: 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.
6) Additional Information: Include any other essential information that may assist in the
evaluation of the Proposal.
7) Cost Proposal: Cost proposals are to include the following:
o A detailed itemization of project costs, listed by task. 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 Services.
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. The same cost proposal detail is
required for subconsultants
Proposal Submittal
Proposals may be submitted in either electronic (preferred) or physical format:
Electronic Format:
Email Proposal in PDF format to the City’s RFP administrator, Liz Smith at
purchasing@moorparkca.gov. Include in the subject line “PROPOSAL – PARKS AND
RECREATION MASTER PLAN UPDATE”. Ms. Smith will acknowledge receipt;
however, it is recommenced that you call the Purchasing Division at (805) 517-6219
to confirm receipt if you are submitting close to the submittal deadline.
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Physical Format:
Mail or deliver one (1) hard copy Proposal in a sealed envelope marked “PROPOSAL
–PARKS AND RECREATION MASTER PLAN UPDATE”.
Submit hard copy Proposals to: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attention: Liz Smith, Purchasing Analyst
Proposals must be received by the City no later than [TIME] (PT) on [DATE]. Any
Proposals received after this date and time will not be considered. Oral, telephonic,
facsimile, or telegraphically transmitted Proposals will not be considered or accepted.
VI.PROPOSAL EVALUATION AND SELECTION
All Proposals properly received before the submittal deadline will be screened by City
staff to ensure that they are complete and meet the minimum requirements of this RFP.
Proposals received after the deadline will not be considered. A Review Committee
consisting of approximately five to seven members of the City staff and/or Parks and
Recreation Commission will review all complete, eligible Proposals. Proposals will be
evaluated based on the following criteria (listed in random order without regard to order
of importance):
•Demonstrated and thorough understanding of the project.
•Expertise and qualifications of assigned staff, including prior experience in performing
similar studies for public sector clients.
•Overall project design and methodology/approach.
•Proposed schedule/timeline and projected completion date(s).
•Responsiveness to the requirements of the RFP.
•Recent references from comparable clients.
The City reserves the right to modify the composition of the Review Committee and
retains full discretion in determining the applicability and weight of the evaluation criteria
listed above. During the evaluation process, the City reserves the right, where it may
serve the City’s best interest, to request additional information or clarification from
Proposers, or to allow corrections of errors or omissions.
The City may elect to conduct interviews of the top-rated Proposers. The Proposer whose
overall Proposal is rated the highest will be selected to negotiate a final contract. The
City reserves the right to negotiate the specific contract requirements and costs using the
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submitted Proposal as a basis. If an agreement is not reached, negotiations may be
terminated and commenced with the next highest rated Proposer.
The City is not bound to select any of the Consultants 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.
VII. ANTICIPATED SCHEDULE OF RFP ACTIVITIES
1.Issuance of RFP:[DATE], 2022
2.Deadline for RFP submittal:[DATE], 2022
3. Proposal Review / Interviews:[DATE], 2022
4.City Council Approval:[DATE], 2022
5.Award of Agreement:[DATE], 2022
VIII. 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 RFP administrator,
Liz Smith at purchasing@moorparkca.gov. Requests for clarification or correction must
be received no later than [DATE], 2022 at [TIME] (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. All questions regarding this
RFP should be submitted to the City’s Purchasing Analyst, Liz Smith, at
purchasing@moorparkca.gov.
IX.PROPOSAL TERMS AND CONDITIONS
1)This RFP does not commit the City to enter into an agreement, to pay any cost
incurred in the preparation of a submittal to this request or in subsequent
negotiations, or to procure or contract for the project.
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2) At any time prior to the specified time and date set for the submission, a
person/firm, or their designated representative, may withdraw their Proposal.
3) It is the Proposer’s responsibility alone to ensure delivery of a Proposal to the RFP
administrator prior to the submittal deadline stipulated in this RFP. The official time
clock which will establish the submittal deadline will be determined by the City of
Moorpark. Late proposal submissions will not be accepted or considered.
4) The issuance of this RFP and the acceptance of a proposal do not constitute an
agreement by the City that any contract will actually be entered into by the City.
The City expressly reserves the right, at the City’s sole discretion, to:
• Reject any or all proposals.
• Reissue an RFP.
• Extend the time frame for submission of the proposals by notification to all
parties who have registered an interest in this RFP with the City.
• Request more information from any or all applicants.
• Waive any immaterial defect or informality.
• Decline to go forward with the RFP. The City expressly reserves the right not
to proceed to contract under this RPP.
• Reject any Subcontractor or Contractor proposed by the Proposer.
• Accept whichever proposal(s) that may be in the best interest of the City.
5) All services shall be provided in accordance with Exhibit A, the City's Professional
Services Agreement. The City’s policy is that the Agreement be accepted as-is.
By submitting a Proposal in response to this RFP, the Proposer is deemed to have
provided its approval of the Agreement and assurance that it is able to meet the
requirements contained therein. If a Proposer seeks limited modification of any
aspect of the Agreement, then the Proposer must identify the proposed changes
in their Proposal. However, changes or qualifications to the Agreement may be
weighed in the evaluation of the Proposal and, at the City’s discretion, may cause
rejection of the Proposal as non-responsive.
6) This RFP, or any part of it, and the Proposer’s responses, may be incorporated
into and made a part of the Agreement. The City reserves the right to further
negotiate and/or modify the terms and conditions of the Agreement. Final terms
of any agreement will be established during negotiations. Negotiations may be
terminated by the City for failure to reach mutually acceptable terms and the City
may award the Agreement to the next qualified Proposer.
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7)Proposals become the property of the City and information contained therein shall
become public documents subject to disclosure laws after the contract is awarded.
(Government Code Section 6250 et seq.). The City reserves the right to make use
of any information or idea contained in the Proposal. Proposer must notify the City
in advance of any proprietary or confidential materials contained in the Proposal
and provide justification for not making such material public. The City will have the
sole discretion to disclose or not disclose such material subject to state law. All
materials, ideas, and formats submitted in response to this RFP will become the
property of the City upon receipt.
8)The selected Proposer will be required to provide evidence of liability insurance
pursuant to City requirements prior to Agreement execution (see Attachment 1 for
insurance requirements). The City will require certificates of insurance and
additional insured endorsements, as specified in Exhibit A of the Sample
Agreement.
9)Consultant shall obtain a City of Moorpark Business Registration prior to
commencing any work.
10)The selected Proposer will maintain any required professional licenses and
registrations during the life of the contract with the City.
11)The Proposer may utilize the services of subcontractors on those parts of the work
which, under normal contracting practices, are performed by specialty
subcontractors. Unless a specific subcontractor is listed by the Proposer,
Proposer is representing to City that Proposer has all appropriate licenses,
certifications, and registrations to perform the work hereunder. After submission
of the proposal, the Proposer shall not award work to any unlisted subcontractor
without prior written approval of the City. The proposer shall be fully responsible
to the City for the performance of his/her subcontractors, and of persons either
directly or indirectly employed by them. Nothing contained herein shall create any
contractual relation between any subcontractor and the City.
12)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 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.
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13) Proposers are responsible for reviewing all portions of this RFP. Proposers are to
promptly notify the City, in writing, if the proposer discovers any ambiguity,
discrepancy, omission or other error in the RFP. Any such notification should be
directed to the City promptly after discovery, but in no event later than the deadline
for clarifications or corrections stipulated in this RFP. Protests of the contract
award must be made, no later than five (5) working days after the aggrieved party
knows or should have known of the facts giving rise to the protest.
14) The City may, from time to time, issue Addenda to the RFP. Proposers are
responsible for ensuring that they have received any and all Addenda. Each
Proposer is responsible for verifying that it has received all Addenda issued, if any.
Proposers must acknowledge receipt of all Addenda, if any, in their proposals.
Failure to acknowledge receipt of all Addenda may cause a Proposal to be deemed
incomplete and non-responsive.
15) The City reserves the right to contract with other firms during the contract term or
to issue multiple contracts for individual aspects of the project as may deemed in
the best interests of the City.
16) The City’s payment terms are 30 (thirty) days from the receipt of an original invoice
and City acceptance of the quantity and quality of the services being billed. City
reserves the right to delay any post-termination payment until completion or
confirmed abandonment of the project, as may be determined in the City’s sole
discretion, so as to permit a full and complete accounting of costs.
X. ATTACHMENTS
Attachment 1 – Sample Agreement with Insurance Requirements
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Attachment 1: Sample Agreement and Insurance Requirements
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
___________________________________ FOR
PARKS AND RECREATION PLANNING SERVICES
THIS AGREEMENT, made and effective as of _____________________________________,
between the City of Moorpark, a municipal corporation (“City”) and
____________________, __________________ (“Consultant”). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for parks and recreation planning 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 ____________,
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 parks and recreation planning services, as set forth in Exhibit __. In
the event there is a conflict between the provisions of __ 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 Exhibit C. Compensation shall not exceed the rates or total contract
value ___________________________dollars ($XXXXX) as stated in Exhibit __, 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.
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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 Exhibit C, based upon actual time
spent on the above tasks. This amount shall not exceed ___________________ dollars
($XXXXX) 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 thirty (30) 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
There are no liquidated damages under this Agreement.
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
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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 three (3) 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), 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
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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.
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
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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.
Should the Scope of Services include work that is considered a public work to
which prevailing wages apply, the public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Consultant
agrees to comply with and be bound by all applicable terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term of
this Agreement. For every subcontractor who will perform work on this project, Consultant
shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
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.
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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 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.
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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.
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. 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.
25. 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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26. 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.
27. 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.
28. 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.
29. 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.
30. 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:
__________________________________
Ky Spangler, 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 payable in
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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 but in no event less than $2,000,000
aggregate.
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 and CG 2037
with edition acceptable to the City. 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
Agreement. Any such provisions are to be deleted with reference to the City. It is
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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.
__________________________________ ______________________
Date
518