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Home My WebLink AboutAGENDA REPORT 2023 0719 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of July 19, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. F. Consider Amendment to Agreement with Kiwanis Club of Moorpark to Display Banners on Streetlight Poles within the City of Moorpark. Staff Recommendation: Approve Amendment No.1 to 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, Deputy Parks and Recreation Director) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Deputy Parks and Recreation Director DATE: 07/19/2023 Regular Meeting SUBJECT: Consider Amendment to 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 Post 502 (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. In 2019, the Kiwanis Club of Moorpark Foundation (Kiwanis) 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 were supportive of Kiwanis managing the program for the Legion. To facilitate Kiwanis’ management of the program, an agreement with Kiwanis for display of banners on streetlight poles within the City of Moorpark was prepared and approved by the City Council in November 2019. Since the Agreement was approved, Kiwanis has been running the program and installing banners, and paying for the banner installation. Although the initial agreement contemplated that the City would use its contract tree trimmer, West Coast Arborists, Inc. (WCA), to install the banners and Kiwanis would reimburse the City, Kiwanis has contracted directly with WCA for the banner installation. Initially, WCA was giving Kiwanis a lower rate because the banner installation activities tied in with the City’s tree maintenance activities, however, it became difficult to coordinate the two activities, Item: 10.F. 228 Honorable City Council 07/19/2023 Regular Meeting Page 2 causing WCA to have to come out separately for the banner installation program. This has significantly increased the cost of banner installation activities for Kiwanis Club. DISCUSSION Due to the expense involved with installation of the banners, Kiwanis approached the City about funding the banner program installation. Under the new Agreement, the City would pay for installation costs and use its streetlight maintenance contractor, Yunex LLC, (Yunex) to perform the installation activities. Installation activities would occur twice per year and would involve installation of new banners and removal of old or out of date banners. The City would also be responsible for removing un-safe banners that might get damaged throughout the year by wind or weather. An amendment has been prepared to incorporate these changes into the Agreement. Staff will be returning to City Council with an Amendment to Yunex’s agreement for the banner installation work. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT Funds have been budgeted in the Fiscal Year 2023/24 budget for streetlight banner installation. The funds are capped at $10,000 per year. Staff will work within this budget and will limit activities to only this amount per year, unless an emergency issue, such as an unsafe banner, needs to be taken care of. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Amendment No.1 to 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: Kiwanis Club of Moorpark Amendment No. 1 229 AMENDMENT NO. 1 TO 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 Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Kiwanis Club of Moorpark Foundation, a non-profit corporation (“Program Administrator”), for display of banners on utility poles within the City of Moorpark Boundaries (“Agreement”), is made and entered into on this ___ day of ____________________, 2023. RECITALS WHEREAS, on December 13, 2019, the City and Program Administrator entered into an Agreement to allow the Program Administrator to display banners on streetlight poles within the City of Moorpark boundaries; and WHEREAS, the City and Program Administrator now desire to amend the Agreement and document said agreement to amend by jointly approving Amendment No. 1 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, COMPENSATION, is amended by retitling the section to INSTALLATION COSTS and replacing this section in its entirety as follows: “The City will install the banners at pole locations that are mutually designated, at the City’s sole cost, in accordance with Section 5 A. Installation costs are not to exceed the funds budgeted for the program as approved by the City Council annually.” II. Section 5, SCOPE OF WORK is amended by replacing this section in its entirety as follows: “A. City Responsibilities 1) City agrees to allow military 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 in compliance with Administrative Policy PW-21. 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 ATTACHMENT 230 Amendment No.1 to Agreement between City of Moorpark and Kiwanis Club of Moorpark Foundation Page 2 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.” III. Remaining Provisions: Except as revised by this Amendment No. 1, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK KIWANIS CLUB OF MOORPARK FOUNDATION _______________________________ _______________________________ Troy Brown City Manager Mark VanDam, Board Member Attest: _______________________________ Ky Spangler City Clerk 231