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HomeMy WebLinkAboutAG RPTS 2006 0517 RDA REGj E8TABLI&HED UMN is. its? �tIFOR�\� 977 OF qr M'ap� Resolution No. 2006 -160 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, MAY 17, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Operating and Capital Improvement Budgets for Fiscal Year 2006/07. Staff Recommendation: Receive the budgets and set a workshop for May 24, 2006. (Staff: Steven Kueny) 5. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of April 5, 2006. Staff Recommendation: Approve minutes. B. Consider Approval of Minutes of Special Meeting of April 26, 2006. Staff Recommendation: Approve minutes. C. Consider Professional Services Aareement for Proiect Coordination Services for Installation of a Dimmer Rack for the Theater on High Street and Resolution Amending Fiscal Year 2005/06 Budget for Purchase and Installation. Staff Recommendation: 1) Approve the agreement with Christian West, subject to final language approval of the Executive Director and Agency Counsel; and 2) Adopt Resolution No. 2006- ROLL CALL VOTE REQUIRED (Staff: David Moe) Redevelopment Agency Agenda May 17, 2006 Page 2 5. CONSENT CALENDAR: (continued) D. Consider Resolution Amending Fiscal Year 2005/06 Redevelopment Budget for Design /Engineering Services for Landscaping of Remnant Parcel at the Corner of Flinn Avenue and Spring Road. Staff Recommendation: Adopt Resolution No. 2006- ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) 6. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 7. ADJOURNMENT: Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action/ Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation/ Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker.. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at (805) 517 -6223. In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title 11). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Moorpark Redevelopment Agency to be held Wednesday, May 17, 2006, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on May 12, 2006, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 12, 2006. Maureen Benson, Deputy City Clerk TO: FROM: DATE: MOORPARK REDEVELOPMENT AGENDA REPORT Honorable Chair and Board of Directors ITEM 4• A • ` ITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ACTION: /.... ►. A 13"E i Irv, i Steven Kueny, Executive DirectorG' iV Prepared by: Johnny Ea, Finance Director May 10, 2006 (Agency Meeting of 5/17/2006) SUBJECT: Consider Proposed Operating and Capital Improvement Budgets for the Fiscal Year 2006/2007 DISCUSSION The City Manager's recommended budgets for the City of Moorpark and the Moorpark Redevelopment Agency for fiscal year 2006/07 will be presented to the Agency for its consideration on May 17, 2006. It is recommended the Agency receive the recommended Operating and Capital Improvement Budgets for FY 2006/07 and set a date for a budget workshop. STAFF RECOMMENDATION Receive the budgets and set a workshop for May 24, 2006. 000001 s -,ITY OF MOORPARK, CALIFORNIA T'j`r•* 5 A Redevelopment Agency Meeting ITEM EM of .5-17- -. Acrloru: MIN ES OF THE REDEVELOPMENT AGENCY ` - - - -- April 5, 2006 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on April 5, 2006, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hunter called the meeting to order at 7:43 p.m. 2. ROLL CALL: Present: Agency Members Harper, Mikos, Millhouse, Parvin, and Chair Hunter. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION A. Consider Economic Development Marketing Brochure. Staff Recommendation: Approve marketing brochure and direct staff to develop materials for business attraction and retention. Mr. Moe gave the staff report. Agency Member Parvin requested this Item be continued to the next regular meeting for revisions. In response to Chair Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Agency Member Parvin moved and Agency Member Millhouse seconded a motion to continue this Item to the next regular meeting for revisions. The motion carried by unanimous voice vote. C>'00002 Minutes of the Redevelopment Agency Moorpark, California Page 2 April 5, 2006 5. CONSENT CALENDAR: MOTION: Agency Member Mikos moved motion to approve the Consent Calendar. vote. and Agency Member Parvin seconded a The motion carried by unanimous roll call A. Consider Approval of Minutes of Regular Meeting of March 1, 2006. Staff Recommendation: Approve minutes. B. Consider Approval of Minutes of Regular Meeting of March 15, 2006. Staff Recommendation: Approve minutes. 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: MOTION: Agency Member Parvin moved and Agency Member Harper seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. The time was 7:45 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 000003 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of •Sw�� =.�_Dd 6 ITEM �• �''• ACTION,__ a.. -mod_ MINUTES OF THE REDEVELOPMENT AGENCY --Weerpark, California April 26, 2006 A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on April 26, 2006, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hunter called the meeting to order at 9:32 p.m. 2. ROLL CALL: Present: Agency Members Harper, Mikos, Millhouse, Parvin, and Chair Hunter. Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant Executive Director; David Moe, Recreation Manager; Deborah Traffenstedt, Agency Secretary; and Maureen Benson, Deputy City Clerk. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Contract for Theater Management Services: Resolution Amending the Fiscal Year 2005/06 Budget. Staff Recommendation: Approve the contract for theater management services, subject to final language approval by Executive Director and Agency Counsel; and adopt Resolution No. 2006 -159. ROLL CALL VOTE Mr. Moe gave the staff report. In response to Chair Hunter, Ms. Traffenstedt stated there were no speakers. Agency Members Harper and Mikos recommended deleting the specific theater company name from Item 17. on stamped page 11 of the agenda report. A discussion followed among Agency Members and staff regarding operating costs and the deficit. 000004 Minutes of the Redevelopment Agency Moorpark, California Page 2 April 26, 2006 MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a motion to approve the contract for theater management services, as amended for Item 17, on stamped page 11 of the agenda report and subject to final language approval by Executive Director and Agency Counsel; and adopt Resolution No. 2006 -159. The motion carried by roll call vote 4 -1, Chair Hunter dissenting. 5. CONSENT CALENDAR: The Consent Calendar was not heard. A. Consider Approval of Minutes of Regular Meeting of April 5, 2006. Staff Recommendation: Approve minutes. 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: Chair Hunter adjourned the meeting at 10:09 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary U00005 GITr ` ",r) lkPARK. CALIFORNIA Vie;:,,£L rasa e?�g Agency Meeting of , /7 -a0o� ,4C110k, �_�0 , sz70D. ti._� l(►Z� MOORPARK REDEVELOPMENT AGLIQCYBy,y� AGENDA REPORT Je" To: Honorable Agency Board of Directors From: David C. Moe II, Redevelopment Manager r�� Date: May 5, 2006 (MRA Meeting of May 17, 2006) Subject: Consider Professional Services Agreement for Project Coordination Services for the Installation of a Dimmer Rack at the Theater on High Street and Resolution Amending Fiscal Year 2005/06 Budget for Purchase and Installation BACKGROUND The lighting equipment at the Theater located at 45 High Street ( "Facility ") is old and beginning to fail. The dimmer rack, which is used to control the lights, broke down two days before the recent opening of a scheduled performance. The Agency rented a temporary dimmer from Luner's Professional Sound and Lighting Systems, LLC at the last minute so the performance would not be delayed. The rented dimmer was returned after the performance. DISCUSSION In order to have working lights and continue to utilize the Facility, the dimmer will need to be replaced. The Agency contacted Christian West, Lighting /Sound Consultant, for assistance. Mr. West went to the Facility and reviewed the broken dimmer and lighting system. Mr. West discovered potential code violations associated with the lighting system. These violations will need to be corrected prior to installing the new dimmer. The total cost to purchase and install the dimmer is estimated to be $32,000. This total includes $12,000 for the purchase of the dimmer (Retail Cost is $28,500); $15,000 for correcting electrical code violations and installing the dimmer; and $5,000 for project coordination. Mr. West also arranged for a temporary dimmer to be loaned to the Agency free of charge, to insure that the Facility would not be dark. This allowed the Facility to be utilized for a youth theater workshop and scheduled performances. 0111)(31006 Honorable Agency Board of Directors 05/11/06 Page 2of2 Funds have not been budgeted in fiscal year 2005/06 to complete this project. A budget amendment in the amount of $32,000 will need to be approved to allocate the needed funds for this project. STAFF RECOMMENDATION ROLL CALL VOTE 1) Approve a Professional Services Agreement with Christian West for the installation of a dimmer subject to final language approval by the Executive Director and Agency Counsel; and 2) Adopt Resolution No. 2006- , amending the FY 2005/06 budget ( "Attachment II "). Attachment I Professional Services Agreement Attachment II Resolution No. 2006 0900007 ATTACHMENT I AGREEMENT BETWEEN THE MOORPARK REDEVELOPMENT AGENCY AND CHRISTIAN WEST FOR PROJECT COORDINATION AND CONTRACT ADMINISTRATION SERVICES This Agreement is made and entered into in the City of Moorpark on this day of 2006 by and between the Moorpark Redevelopment Agency ( "AGENCY "), a public body, corporate and politic, and Christian West ( "PROJECT COORDINATOR "). WITNESSETH WHEREAS, AGENCY desires project coordinator services for the installation of a dimmer rack at 45 High Street, Moorpark, California; and WHEREAS, PROJECT COORDINATOR is experienced in providing needed Project Coordination and Contract Administration services and has the experience and background to carry out the duties involved. NOW THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated, the parties hereto agree as follows: I. SCOPE OF WORK. AGENCY hereby retains PROJECT COORDINATOR in a contractual capacity to perform the consulting and coordination services as set forth in Exhibit "A ". In the event that additional work is required of PROJECT COORDINATOR, beyond the Final Scope of Work for this Agreement, PROJECT COORDINATOR may be authorized to undertake and complete such additional work only if such authorization is provided in writing, identifying the exact nature of the additional work required and a "not -to- exceed" fee to be paid by AGENCY for said additional work. II. COMPENSATION. For services as specified in this Agreement, AGENCY shall pay and PROJECT COORDINATOR shall receive as full compensation a total sum not to exceed Two Thousand Dollars ($2,000), plus incentive compensation in the amount of 15% of the savings PROJECT COORDINATOR can negotiate with the vendors from the MSRP of the equipment. PROJECT COORDINATOR will not be paid for material and labor associated with the installation of the dimmer. All vendors will be paid directly by the Agency with only project coordination fees and performance incentives being paid to the Project Coordinator. Payment to PROJECT COORDINATOR shall be made within thirty (30) days after submittal of an original invoice and supplementary documentation, if applicable, unless contested or questioned by AGENCY. If AGENCY identifies a 000008 discrepancy between the invoice amount and the services completed, AGENCY shall within fifteen (15) workdays of receipt of the invoice specify in writing the discrepancy. PROJECT COORDINATOR shall then either 1) provide support materials to satisfy AGENCY - stated discrepancy, or 2) revise the invoice to reflect stated discrepancy. AGENCY shall then pay the revised or documented invoice within thirty (30) days of such revision or documentation. III. INCORPORATION BY REFERENCE. All exhibits herein referenced are hereby incorporated into and made a part of the Agreement. IV. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until the completion of services and acceptance by AGENCY of the deliverable products and services as specified in the Final Scope of Work included as attached Exhibit "A ". V. TERMINATION OR SUSPENSION. This Agreement may be terminated or suspended by PROJECT COORDINATOR only for breach of contract by AGENCY and upon thirty (30) days written notice. AGENCY may terminate this Agreement with or without cause at any time with no less than ten (10) days written notice of such termination or suspension, in which case PROJECT COORDINATOR shall be entitled to receive compensation for the reasonable value of the PROJECT COORDINATOR's services performed through the termination date. Furthermore, if, during the term of this Agreement, AGENCY determines that PROJECT COORDINATOR is not faithfully abiding by any term or condition contained herein, AGENCY shall provide PROJECT COORDINATOR with written notice thereof. Said notice must give PROJECT COORDINATOR a 48 -hour notice of time thereafter in which to perform said work or cure the deficiency. If PROJECT COORDINATOR has not performed the work or cured the deficiency within the time specified in the notice, or if a similar failure to perform or deficiency is repeated, such shall constitute a breach of this Agreement and AGENCY may terminate this Agreement immediately by written notice to PROJECT COORDINATOR to said effect. In said event, PROJECT COORDINATOR shall be entitled to the reasonable value of its services performed up to the day it received AGENCY's Notice of Termination, minus any offset from such payment representing AGENCY's damages from such breach. Failure of PROJECT COORDINATOR to provide AGENCY exhibits, drawings, documents, charts, graphs, and other material which meets or exceeds reasonable professional standards in a timely manner shall cause damages which are unascertainable at the inception hereof, entitling AGENCY to offset any payments due on the contract in the form of liquidated damages not exceeding the balance due on the contract, and not as a penalty. AGENCY reserves the right to delay any post- termination payment until completion or confirmed abandonment of the project, as may be determined in AGENCY's sole discretion, so as to permit a full and complete accounting of costs. In no event shall PROJECT COORDINATOR be entitled to receive in excess of the compensation quote in its proposal /bid. VI. ASSIGNMENT /SUCCESSORS. PROJECT COORDINATOR shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that PROJECT COORDINATOR is uniquely qualified to perform the services provided in this Agreement. VII. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding on the parties hereto. VIII. CAPTIONS. The captions of the various sections of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections hereof. IX. TIME OF PERFORMANCE. Time is of the essence in this Agreement. X. ANTI - DISCRIMINATION. In the performance of the terms of this Agreement, PROJECT COORDINATOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, creed, sex, sexual orientation, national origin, ancestry, religion, physical disability, medical disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in the Labor Code of the State of California Section 1735. XI. PROJECT DOCUMENTS. At the earlier time of 1) termination of this Agreement or 2) conclusion of all stages of work, all original documents, designs, drawings, reports, calculations, notes, and other related materials, whether prepared by PROJECT COORDINATOR or his consultant(s) or obtained in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of AGENCY and shall be delivered to AGENCY on demand. XII. RETENTION OF RECORDS. PROJECT COORDINATOR agrees to retain all pertinent records relating to the performance of tasks identified in this Agreement for a period of at least three (3) years from the completion of services. If, at the end of such three (3) year period, there is ongoing litigation or an audit involving PROJECT COORDINATOR's or AGENCY's records, PROJECT COORDINATOR shall retain said records until the resolution of such litigation or audit. AGENCY will notify PROJECT COORDINATOR in writing, within five (5) working days, of the initiation of any litigation against or audit of AGENCY or PROJECT COORDINATOR for the services described herein. 000010 XIII. VENUE. This Agreement is made, entered into, and executed in Moorpark, Ventura County, California, and any action filed in any court of law for arbitration of the interpretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. XIV. 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 grounds that the party prepared the Agreement or caused it to be prepared. XV. 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. XVI. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for PROJECT COORDINATOR's Services, to the full extent permitted by law, PROJECT COORDINATOR shall indemnify, protect, defend and hold harmless AGENCY 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 attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of PROJECT COORDINATOR, its officers, agents, employees, subconsultants, contractors and subcontractors (or any entity or individual that PROJECT COORDINATOR shall bear the legal liability thereof) in the performance of professional services under this Agreement. XVII. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, PROJECT COORDINATOR shall indemnify, defend and hold harmless AGENCY, 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 attorneys 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 PROJECT COORDINATOR or by any individual or entity for which PROJECT COORDINATOR is legally liable, including but not limited to officers, agents, employees, subconsultants, or contractors and subcontractors of PROJECT COORDINATOR. XVIII. GENERAL INDEMNIFICATION PROVISIONS. PROJECT COORDINATOR agrees to obtain executed indemnity agreements with provisions 00C OIL I identical to those set forth here in this section from each and every subconsultant, contractor and subcontractor, or any other person or entity involved by, for, with, or on behalf of PROJECT COORDINATOR in the performance of this agreement. In the event PROJECT COORDINATOR fails to obtain such indemnity obligations from others as required here, PROJECT COORDINATOR agrees to be fully responsible according to the terms of this section. Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth here is binding on the successors, assigns or heirs of PROJECT COORDINATOR and shall survive the termination of this agreement or this section. AGENCY does not and shall not waive any rights that it may have against PROJECT COORDINATOR by reason of this Section, because of the acceptance by AGENCY, or the deposit with AGENCY, 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 Paragraphs XII and XIII of this Agreement. XIX. INSURANCE. PROJECT COORDINATOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "B" attached to and part of this agreement. XX. NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid, by registered or certified mail and addressed as follows: AGENCY: Moorpark Redevelopment Agency Attention: Executive Director 799 Moorpark Avenue Moorpark, CA 93021 PROJECT COORDINATOR: Christian West 2887 Hollister St Simi Valley, CA 93065 XXI. AUTHORITY TO EXECUTE AGREEMENT AGENCY and PROJECT COORDINATOR covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. C9oeolti XXII. CONFLICT OF INTEREST Neither PROJECT COORDINATOR nor any employees, agents or subcontractors of PROJECT COORDINATOR who will be assigned to this project, to the best of PROJECT COORDINATOR's knowledge, own any property or interest in properties, business relationships or sources of income which may be affected by the performance of this Agreement. Should either party hereto learn of any such interest, income source or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, AGENCY may terminate the Agreement immediately. XXIII. INSURANCE AND INDEMNIFICATION. PROJECT COORDINATOR shall hold harmless, indemnify and defend AGENCY and its officers, employees, servants and agents, and independent contractors who serve in the role of Executive Director or Assistant Executive Director from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of PROJECT COORDINATOR, in any way connected with the performance of this Agreement, except such damage as is caused by the negligence of or any of its officers, employees, servants or agents. AGENCY does not, and shall not, waive any rights that it may have against PROJECT COORDINATOR because of the acceptance by AGENCY, or the deposit with AGENCY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. XXIV. GENERAL CONDITIONS The AGENCY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by PROJECT COORDINATOR performing services under this Agreement. XXV. INDEPENDENT CONTRACTOR. PROJECT COORDINATOR is and shall at all times remain, as to AGENCY, a wholly independent contractor. Neither AGENCY nor any of its officers, employees, consultants, servants or agents shall have control over the conduct of PROJECT COORDINATOR or of PROJECT COORDINATOR's officers, employees, or agents, except as herein set forth. PROJECT COORDINATOR shall not at any time or in any manner represent that he or any employee or agent under his direction is in any manner an employee of AGENCY. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. 000,01-3 MOORPARK REDEVELOPMENT AGENCY PROJECT COORDINATOR Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt Agency Secretary Exhibit "A" Final Scope of Work Exhibit "B" Insurance Requirements Christian West 00(� U24 Exhibit "A" Final Scope of Work Project Coordinator shall be responsible for the following tasks: 1. Contacting vendors and obtaining the best possible price for the dimmer and associated equipment; Agency will pay vendor(s) directly. 2. Solicit proposals from licensed electrical contractors to install the dimmer and correct code violations. Agency will pay contractor(s) directly after their service has been completed. 3. Oversee delivery and installation of dimmer and insure code violations are remedied. 4. Remove temporary dimmer for Facility. 00'(1015 EXHIBIT "B" INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, PROJECT COORDINATOR will maintain insurance in conformance with the requirements set forth below. PROJECT COORDINATOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here. PROJECT COORDINATOR agrees to amend, supplement or endorse the existing coverage to do so. PROJECT COORDINATOR 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 AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY. PROJECT COORDINATOR shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "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. 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 that $1,000,000 per accident. If PROJECT COORDINATOR owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If PROJECT COORDINATOR or PROJECT COORDINATOR's employees will use personal autos in any way on this project, PROJECT COORDINATOR shall provide evidence of personal auto liability coverage 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. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the staff of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by PROJECT COORDINATOR -- PROJECT COORDINATOR and AGENCY agree to the following with respect to insurance provided by PROJECT COORDINATOR: 1. PROJECT COORDINATOR agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds AGENCY, its officials, employees, servants, agents, and independent consultants ( "Agency indemnities "), using standard ISO endorsement No. CG 2010 with an edition prior to 1992. PROJECT COORDINATOR also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit PROJECT COORDINATOR, or PROJECT COORDINATOR employees, or agents, from waiving the right of subrogation prior to a loss. PROJECT COORDINATOR agrees to waive subrogation rights against AGENCY 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 PROJECT COORDINATOR 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 AGENCY or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of 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 any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the AGENCY, as the need arises. PROJECT COORDINATOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect AGENCY's protection without AGENCY's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to PROJECT COORDINATOR's general liability policy, shall be delivered to AGENCY 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 at any time and no replacement coverage is provided, AGENCY 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 AGENCY shall be charged to and promptly paid by PROJECT COORDINATOR or deducted from sums due PROJECT COORDINATOR, at AGENCY option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to AGENCY of any cancellation of coverage. PROJECT COORDINATOR 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 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 PROJECT COORDINATOR or any subconsultant, is intended to apply first and on a primary, non - contributing basis in relation to any other insurance or self insurance available to AGENCY. 10. PROJECT COORDINATOR agrees to ensure that subcontractors, and any other party involved with the project, who is brought onto or involved in the project by PROJECT COORDINATOR, provide the same minimum insurance coverage required of PROJECT COORDINATOR. PROJECT COORDINATOR 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. PROJECT COORDINATOR agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to AGENCY for review. 11. PROJECT COORDINATOR 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, or other entity or person in any way involved in the 0000I.8 performance of work on the project contemplated by this agreement to self- insure its obligations to AGENCY. If PROJECT COORDINATOR's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the AGENCY. At that time the AGENCY shall review options with the PROJECT COORDINATOR, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 12. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the PROJECT COORDINATOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the AGENCY will negotiate additional compensation proportional to the increased benefit to AGENCY. 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. PROJECT COORDINATOR acknowledges and agrees that any actual or alleged failure on the part of AGENCY to inform PROJECT COORDINATOR of non - compliance with any insurance requirement in no way imposes any additional obligations on AGENCY nor does it waive any rights hereunder in this or any other regard. 15. PROJECT COORDINATOR will renew the required coverage annually as long as AGENCY, 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 AGENCY executes a written statement to that effect. 16. PROJECT COORDINATOR 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 PROJECT COORDINATOR'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 () C 019 be provided to AGENCY within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of PROJECT COORDINATOR under this agreement. PROJECT COORDINATOR expressly agrees not to use any statutory immunity defenses under such laws with respect to AGENCY, 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 with or impairs the provisions of this Section. 21. PROJECT COORDINATOR agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge AGENCY or PROJECT COORDINATOR for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to AGENCY. It is not the intent of AGENCY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against AGENCY for payment of premiums or other amounts with respect thereto. 22. PROJECT COORDINATOR agrees to provide immediate notice to AGENCY of any claim or loss against PROJECT COORDINATOR arising out of the work performed under this agreement. AGENCY 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 AGENCY. ()000 " ATTACHMENT II RESOLUTION NO. 2006 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2005/2006 BUDGET BY APPROPRIATING $32,000 FROM THE MRA AREA I - OPERATIONS (2902) FUND FOR PURCHASE AND INSTALLATION OF A DIMMER AT 46 HIGH STREET - -r -,J6 n �' s 1. -.. o /1'-1 WHEREAS, on June 15, 2005, the Moorpark Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2005/2006; and WHEREAS, on August 1, 2005, the Redevelopment Agency purchased the theater located at 45 High Street in an effort to preserve a venue for live performances in the downtown; and WHEREAS, the Redevelopment Agency of the City of Moorpark desires to purchase a dimmer for the theater lights; and WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Moorpark now wishes to amend the adopted budget to reflect the cost to purchase and install a dimmer for the theater at 45 High Street, and hire a project coordinator for the combined cost of $32,000, from the MRA Area I — Operations Fund. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the total amount of $32,000 from the MRA Area I - Operations Fund, with $27,000 for Other Equipment Maintenance and $5,000 for Special Professional Services, as more particularly described in Exhibit "A ", attached hereto, is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. 00el0 1L PASSED AND ADOPTED this 17th day of May, 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Attachment "A" — Budget Amendment Detail (0)(1ozz EXHIBIT A BUDGET AMENDMENT FOR MRA AREA I - OPERATIONS 2005 -06 FUND ALLOCATION FROM: Fund Account Number Amount MRA Area I - Operations 2902 -5500 $ 32,000.00 $ 5,000.00 $ 7,500.00 2902 - 2410 - 5030 -9251 Total $ 27,000.00 $ 32,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2902 - 2410 - 5030 -9103 $ 2,500.00 $ 5,000.00 $ 7,500.00 2902 - 2410 - 5030 -9251 $ 5,000.00 $ 27,000.00 $ 32,000.00 Total $ 7,500.00 1 $ 32,000.00 1 $ 39,500.00 Approved as to Form: 000023 MOORPARK REDEVELOPMENT AGENDA REPORT ITEM 5.1). OF MUORPARK, CALIFORNIA Redevelopment Agency Meeting j'` S- / 7„�_ oZoe ACTloN a� AGENCY .. -9 y ht.•�.. To: Honorable Chair and Agency Board Members From: Hugh R. Riley, Assistant Executive D' Date: May 10, 2006 (Agency Meeting of 5/17/06) Subject: Consider Resolution Amending the Fiscal Year 2005/06 Redevelopment Budget for Design /Engineering Services for the Landscaping of the Remnant Parcel at the Corner of Flinn Avenue and Spring Road BACKGROUND On April 3, 2001, the Redevelopment Agency purchased the property at 500 Spring Road for three purposes: 1) to provide a site to build the Police Services Center; 2) to provide a site to build the Human Services Center complex; and 3) to provide right -of -way to align Flinn Avenue with Second Street and provide a signalized intersection. In June 2005 the alignment of Flinn Avenue with Second Street was completed. The project left a remnant parcel approximately 0.388 acres in size. In order to maintain an aesthetically pleasing landscape in the area, staff retained the services of a landscape architect to design a conceptual landscape plan for the site. DISCUSSION The landscape architect has completed the conceptual plan and is working with staff to modify the initial cost estimate to construct the landscaping. The contract amount awarded to the Landscape Architect was a not -to- exceed amount of $9,700. Originally, the landscaping of the remnant parcel was to be included as a part of the Police Services Center project budget, but was later removed in order to provide public art as a part of the design at this location. The remainder of the contract amount was not budgeted in the 2005/06 budget. In order to pay for the services provided by the landscape architect, it is necessary to amend the fiscal year 2005/06 budget. The attached resolution allocates $7,000 for the remaining landscape architectural services related to this project. Q'+i 0OZ4 Moorpark Redevelopment Agency May 10, 2006 Page 2 STAFF RECOMMENDATION (ROLL CALL VOTE) Approve Resolution No. 2006 Attachment 1: Resolution No. 2006- 000005 RESOLUTION NO. 2006 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2005/2006 BUDGET TO ALLOCATE FUNDS FOR DESIGN SERVICES FOR LANDSCAPING OF THE FLINN AVENUE REMNANT PARCEL WHEREAS, on June 15, 2005, the Board of Directors adopted the agency budget for Fiscal Year 2005/2006; and WHEREAS, a remnant parcel was created after the alignment of Flinn Avenue with Second Street; and WHEREAS, the Board of Directors desires to landscape the parcel to maintain an aesthetically pleasing look at the site that coordinates with the new Police Services Center building; and WHEREAS, a landscape architect was retained to design a conceptual plan for the site; and WHEREAS, a budget amendment is required to fund the landscape architect's services. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a budget amendment in the amount of $7,000 from Redevelopment Agency operations funds, as described in Exhibit "A" attached hereto, is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 17th day of May, 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" ATTACHMENT 1 0 () 0 0 EXHIBIT A BUDGET AMENDMENT FOR MRA AREA 1 - OPERATIONS FY 2005 -06 FUND ALLOCATION FROM: Fund Account Number Amount MRA Area 1 - Operations 2902 -5500 $ 7,000.00 $ 7,000.00 $ 7,000.00 Total $ 7,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2902.2410.5031.9601 $ - $ 7,000.00 $ 7,000.00 Total $ - $ 7,000.00 $ 7,000.00 Approved as to Form: 000027