HomeMy WebLinkAboutAG RPTS 2004 0616 RDA REGJESTABLISHED
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Resolution No. 2004 -140
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 16, 2004
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 Resolution Adopting an Operating and Capital
Improvements Budget for the City of Moorpark Redevelopment
Agency for the Fiscal Year 2004 -2005. (continued from
May 26, 2004) Staff Recommendation: Adopt Resolution No.
2004- ROLL CALL VOTE REQUIRED (Staff: Cynthia
Borchard)
5. CONSENT CALENDAR
A. Consider Resolution Approving Loan Agreement between the
City of Moorpark and the Moorpark Redevelopment Agency.
Staff Recommendation: Adopt Resolution No. 2004 -
ROLL CALL VOTE REQUIRED (Staff: Cynthia Borchard)
B. Consider Authorizing the Executive Director to Execute a
Professional Services Agreement with Vavrinek, Trine, Day
& Co., LLP, for City and Agency Audit Services for Fiscal
Years 2003 -04, 2004 -05 and 2005 -06. Staff Recommendation:
Authorize the Agency Executive Director to renew the
agreement. (Staff: Cynthia Borchard)
Redevelopment Agency Agenda
June 16, 2004
Page 2
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)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark (Case No. SCO28906)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: A portion of APN 512 -0 -150 -765
Agency Negotiator: Steven Kueny, City Manager /Executive
Director
Negotiating Parties: The Moorpark Redevelopment Agency
and Creative Woodworks
Under Negotiation: Price and terms of sale
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 090 -105)
Agency Negotiator: Steven Kueny, City Manager /Executive
Director
Negotiating Parties: The Moorpark Redevelopment Agency and
a party to be identified
Under Negotiation: Price and terms of payment
7. ADJOURNMENT:
Redevelopment Agency Agenda
June 16, 2004
Page 3
Any member of e pub.Lic may address the Agency during the Public Comments por ion o e
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 /Action7Discussion 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 CSR 35.102 - 35.104; ADA
Title II) .
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, June 16, 2004, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on June 10, 2004, 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 June 10, 2004.
Maureen Benson, Deputy City Clerk
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
iTEm 4.A.
CITY OF N10ORFAIRK, CALIFORNIA
Redevelopment Agency Meeting
of _ . / 00
ACTION:
Pia'°
TO: Honorable Board of Directors No
FROM: Cindy Borchard Administrative Services Director
DATE: June 2, 2004 (MRA Meeting of June 16, 2004)
SUBJECT: Consider Resolution Adopting an Operating and
Capital Improvements Budget for the City of
Moorpark Redevelopment Agency for the Fiscal Year
2004 -2005.
DISCUSSION
On May 19, 2004 the City Manager /Executive Director
presented to the Board of Directors his recommended
Operating and Capital Improvements Budget for the Fiscal
Year 2004 - 2005.' The Agency Board of Directors held a
public meeting on the budget during a study session on May
26. State law requires adoption of a budget prior to June
30, 2004. The Board of Directors directed the following
change to the recommended Agency Budget.
• Eliminated funding in the amount of $200,000 for
Foreclosure Prevention from the MRA Housing Fund
(2901)
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2004 -
Attachment: Resolution No. 2004-
RESOLUTION NO. 2004-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, ADOPTING THE
OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR THE
MOORPARK REDEVELOPMENT AGENCY FOR THE FISCAL YEAR
2004 -2005
WHEREAS, on May 19, 2004 the City Manager /Executive
Director's Recommended Budget for Fiscal Year 2004 -2005 was
submitted to the City Council and Agency Board of Directors
for its review and consideration; and
WHEREAS, the Board of Directors has provided the
opportunity for public comment at a public meeting held May
26, 2004, and conducted detailed review of expenditure
proposals; and
WHEREAS, as the result of the reviews and analysis,
expenditure proposals and revenue projections have been
modified as needed.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Operating and Capital Improvements
Budget for Fiscal Year 2004 -2005 (beginning July 1, 2004)
for the City of Moorpark Redevelopment Agency containing
operating and capital expenditures and anticipated revenues
as identified in Exhibit "A" to this resolution, attached
hereto and incorporated herein, shall be adopted as the
City of Moorpark Redevelopment Agency's Operating and
Capital Improvements Budget for Fiscal Year 2004 -2005.
SECTION 2. The Executive Director is authorized to
amend the capital improvement budget for the 2004 -2005
fiscal year at the conclusion of the 2003 -2004 fiscal year
when a final accounting of project costs during the 2003-
2004 year is complete and continuing appropriations are
determined, as long as the total project appropriation
authorized by the Board of Directors is not exceeded.
Resolution No. 2004 -
Page 2
SECTION 3. The Executive Director is authorized to
approve appropriation transfers within departments and
within individual funds as required to provide efficient
and economical services, as long as the total department
appropriation and fund appropriation authorized by the
Board of Directors is not exceeded.
SECTION 4. Except as otherwise provided in this
resolution, amendments to appropriations in the Fiscal Year
2004 -2005 Operating and Capital Improvements Budget shall
require Board action by resolution.
SECTION 5. The Executive Director is authorized to
make such emergency appropriations as may be necessary to
address emergency needs of the Agency, provided that the
appropriation is presented to the Board of Directors at its
next regular meeting for ratification.
SECTION 6. Administrative and planning expenditures,
including direct salaries, indirect overhead charges, and
other similar costs, are necessary for the production,
improvement, and preservation of low- and moderate- income
housing.
SECTION 7. 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 16th day of June, 2004.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A"
Resolution No. 2004 -
Page 3
Exhibit A
Operating and Capital Improvements Budget
For the Moorpark Redevelopment Agency
Fiscal Year 2004 -2005
Provided Separately
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
ITEM 5.A.
CITY OF MOORPAARK, CALIFORNIA
Redevelopment Agency Meeting
or /A -L6-�oO�
ACTION: 4Q'& gW z
By'. /
TO: Honorable Board of Directors
FROM:
Cindy Borchard, Administrative Services Director
DATE: June 2, 2004 (Agency Meeting of June 16, 2004)
SUBJECT: Consider Loan Agreement between the City of Moorpark
and the Moorpark Redevelopment Agency
BACKGROUND
Community Development Law allows Redevelopment Agencies to
borrow funds from the City in support of the Agency's mission
and goals. Several times since the creation of the Moorpark
Redevelopment Agency, the City has loaned funds to the Agency
for specific purposes. All loans have been repaid, or will be
repaid by June 30, 2004.
DISCUSSION
In the coming year, the Agency has budgeted approximately $6.1
million in expenditures, including $1.6 million for capital
improvements. While the Agency's annual revenues and existing
fund balances are sufficient to finance these expenditures, it
is our practice for all expenditures to be paid by the City,
then these "advances" are repaid by the Agency. This is a
common practice intended to comply with state laws that require
Redevelopment Agencies to incur debt.
Staff is recommending a loan from the City to the Agency in the
amount of $5,000,000 as an advance for anticipated operating and
capital expenditures for the coming year. The Agency would be
charged a rate equal to the rate earned on investments (the
"LAIF" rate) plus 1 %; currently this would be approximately
2.5 %. The loan would be provided by the City General Fund,
which currently has sufficient cash available, and would be due
no later than June 30, 2005.
[jTjjjjj-M,;_q
Honorable Agency Board of Directors
June 16, 2004
Page 2
STAFF RECOMMENDATION (Roll Call Vote
Adopt Resolution No. 2004- approving a Loan Agreement with
the City of Moorpark.
Attachment: Resolution No. 2004 -
Loan Agreement
RESOLUTION 2004-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A
LOAN AGREEMENT BETWEEN THE CITY OF MOORPARK
AND THE MOORPARK REDEVELOPMENT AGENCY
WHEREAS, the City of Moorpark has agreed to advance funds
to the Moorpark Redevelopment Agency in accordance with the
terms of a Loan Agreement dated July 1, 2004; and
WHEREAS, the Moorpark Redevelopment Agency has agreed to
accept the terms and conditions of the Loan Agreement dated July
1, 2004.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Loan Agreement between the City of Moorpark
and the Moorpark Redevelopment Agency dated July 1, 2004, and
attached as Exhibit "A" to this resolution, is hereby adopted.
SECTION 2. The Agency Secretary shall certify to the
adoption
resolution
of this resolution and shall cause a certified
to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 16th day of June, 2004.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A"
EXHIBIT "A"
LOAN AGREEMENT
THIS LOAN AGREEMENT is entered into this 1st day of July, 2004,
by and between the City of Moorpark ( "City ") and the Moorpark
Redevelopment Agency ( "Agency ").
RECITALS
WHEREAS, the Agency was created by Ordinance 87, adopted by
the City Council on March 18, 1987, for the purpose of
eliminating blighted conditions within specified project areas;
and
WHEREAS, in support of its mission, the Agency is
developing and implementing plans to acquire and construct
certain public facilities; and
WHEREAS, the Agency has determined that, in order to
undertake this redevelopment project, temporary financial
assistance in the form of a loan is required from the City of
Moorpark; and
WHEREAS, Section 33600 et. seq. of the California Community
Redevelopment Law authorizes the Agency to borrow money or
accept financial or other assistance from the City.
COVENANTS
NOW, THEREFORE, THE CITY AND AGENCY AGREE AS FOLLOWS:
SECTION 1. Amount and Use of Loan. The City, from its
General Fund, will advance to the Agency the amount of
$5,000,000 (five million dollars). Agency agrees to use such
loan proceeds only for those purposes set forth in the Health
and Safety Code and approved by the Agency.
SECTION 2. Repayment of Funds. The Agency will repay this
loan, both principal and interest, in full on or before June 30,
2005, unless extended by amendment to this Agreement.
SECTION 3. Interest Payment. This loan will bear interest
at a rate equivalent to the rate earned by City investments in
the Local Agency Investment Fund, plus one percent.
Loan Agreement, Page 2
July 1, 2004
SECTION 4. Obligation Constitutes Indebtedness. This loan
agreement shall constitute an obligation and debt of the Agency
to use all available increment revenue to repay the City. Such
indebtedness shall be subordinate to any and all other Agency
indebtedness incurred by the Agency, including indebtedness
incurred through the issuance of tax allocation notes or bonds
or any other bonds of the Agency.
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the date first written above.
MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt,
Agency Secretary
Steven Kueny, City Manager
Deborah S. Traffenstedt,
City Clerk
MOORPARK REDEVELOPMENT
AGENDA REPORT
ITEM 5.6.
CITY OF'MOORPARK, CALTFOlL'°e�IA
Redevelopment Agenev Meeting
of � -/d
ACTION:
AGENCY
BY!.-
TO: Honorable Chair and Board of Directors
FROM: Cynthia L. Borchard, Administrative Services Director
DATE: June 4, 2004 (Agency Meeting of 6/16/04)
SUBJECT: Consider Authorizing the Executive Director to Execute
a Professional Services Agreement with Vavrinek,
Trine, Day & Co., LLP, for City and Agency Audit
Services for Fiscal Years 2003 -04, 2004 -05 and 2005-
06.
BACKGROUND /DISCUSSION
The City has contracted for audit services with the firm of
Vavrinek, Trine, Day & Co. LLP, (VTD &CO), beginning with fiscal
year ending June 30, 1999 to date.
Staff has experienced a positive relationship with VTD &CO over
the past several years and wishes to renew the agreement for an
additional three (3) year period. The proposal includes the
City and Redevelopment Agency audits and City State Controllers
Report, Federal Single Audit (if applicable), CAFR preparation
assistance and the Street Report. Costs for the reports for FY
2003 -04 are anticipated to be $39,990 and have been reflected in
the proposed budget for FY 2004 -05.
A comparison of costs incurred last fiscal year and proposed
future costs is shown below.
REPORT
FY 02 -03*
FY 03 -04
FY 04 -05
FY 05 -06
City of Moorpark Audit
$ 22,500
$ 23,990
$ 25,590
$ 26,900
Redevelopment Agency Audit
4,000
4,100
4,200
4,300
Single Audit
2,500
2,950
3,250
3,450
CAFR Preparation
3,000
3,950
3,000
3,250
City State Controllers Report
3,000
3,000
3,200
3,400
Street Report
1,500
2,000
2,100
2,200
Total
$ 36,500
$ 39,990
$ 41,340
$ 43,500
11 11 G l
Honorable Agency Board of Directors
June 16, 2004
Page 2
STAFF RECOMMENDATION
Authorize the Agency Executive Director to renew the agreement
with Vavrinek, Trine, Day and Company for audit services for
fiscal years 2003 -04, 2004 -05 and 2005 -06.
Attachment: Professional Services Agreement
MMMMM
Professional Services Agreement between the
City of Moorpark and Vavrinek, Trine, Day, &
Company, LLP, for Independent Audit Services
This Agreement, made and entered into this day of ,
2004, by and between the City of Moorpark, a municipal
corporation of the State of California (hereinafter the "City ")
and Vavrinek, Trine, Day & Co., LLP, a California limited
liability partnership (hereinafter the "Auditor "),
WITNESSETH
WHEREAS, the City desires to contract for professional
auditor services to conduct the City of Moorpark, the City of
Moorpark Redevelopment Agency, the Federal Single Audit, State
Controller's Report, and Street Report, in addition to
submitting for a GFOA and certification;
WHEREAS, the City has undertaken a formal solicitation for
proposals in accordance with Federal procurement guidelines; and
WHEREAS, the Auditor is staffed with personnel
knowledgeable and experienced in the requirements of independent
financial audit services and GFOA certification;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
I. EMPLOYMENT OF AUDITOR
City does hereby engage Auditor in a contractual capacity
to perform services in accordance with the terms and
conditions hereinafter set forth and Auditor hereby agrees
to perform the services contained herein.
II. SCOPE OF SERVICES
Auditor shall perform the following services as described
here below:
A. Conduct an independent financial audit of the City of
Moorpark and City of Moorpark Redevelopment Agency
financial statements, and Single Audit pursuant to OMB
Circular A -133.
B. Assist in the preparation and submittal of statements
for the Government Financial Officers Association's
(GFOA) "Certificate of Achievement for Excellence
Financial Reporting ".
C. Prepare the City's State Controllers Report.
D. Prepare the Street /Transit Report.
E. Prepare a management letter as appropriate.
III. CHANGES
The City may, from time to time, require changes in the
scope of services of the Auditor to be performed hereunder.
Such changes that are mutually agreed upon by and between
the City and the Auditor shall be incorporated in a written
amendment to this Agreement.
IV. TIME OF PERFORMANCE
A. The services to be provided by Auditor pursuant to
this Agreement shall begin with the audit of the
Fiscal Year ending June 30, 2004.
B. Auditor shall conduct preliminary and field audit work
such as to complete the audit and provide a draft
report with final adjustments to City no later than
December 1, 2004. Written financial statements shall
be provided to City no later than January 14, 2005.
C. Management findings shall be presented in draft form
no later than December 15, 2004, with final report
provided no later than January 14, 2005.
D. Preparation of the submittal for the GFOA Certificate
shall be such that GFOA submittal deadlines are met.
E. Preparation of the submittal of City's State
Controller's Report and Street /Transit Report shall be
in accordance with State guidelines.
V. TERM OF AGREEMENT
This Agreement shall be valid for a period of three (3)
years beginning with the audit for the year ending June 30,
2004 and ending on June 30, 2006 unless mutually extended
in writing. The Agreement may be renewed at the City's
discretion for additional one (1) year periods.
VI. COMPENSATION
For the services requested, City shall pay Auditor the
amounts listed in the attached Schedule of Audit fees.
Auditor will be entitled to payment within thirty (30) days
of receipt of written invoice for services provided, except
for those which are contested or questioned and returned by
City, with written explanation within thirty (30) days of
receipt and invoice. Auditor shall provide to City a
written response to any invoice contested or questioned and
further, upon request of City, provide City with any and
all documents related to any invoice.
The final ten percent (10 %) of the compensation amounts
referenced in the attached shall not be paid until
completion of all services required herein.
For any extension of this Agreement Auditor shall remit a
proposed compensation amount to City to later than March 1
of each year for the upcoming audit. City and Auditor
shall mutually agree to the amount in writing no later than
April 1 of said year.
Any costs incurred by Auditor for legal and /or court
actions related to the engagement for those services
required pursuant to this Agreement, such as subpoenas,
testimony or consultation involving private litigation,
arbitration or government regulatory inquiries and
resulting from City's written request or lawful subpoena,
will be paid at the rates agreed to by City in annual
Engagement Letters between City and Auditor.
VII. SERVICES AND MATERIALS TO BE FURNISHED BY CITY
The City shall furnish the Auditor with all available
necessary information, data, and material pertinent to
execution of this Agreement. The City shall cooperate with
the Auditor in carrying out the work herein and provide
adequate staff for liaison with the Auditor.
VIII
IX.
K9
►:rte
TERMINATION
The City may
upon giving
Auditor. In
compensated
termination.
be limited
termination.
Auditor may
upon giving
to City.
terminate this Agreement with or without cause
ten (10) days written notice of termination to
the event of such termination Auditor shall be
for such services up to the date of
Such compensation for work in progress shall
to actual services performed of the date of
terminate this Agreement with or without cause
sixty (60) days written notice of termination
COMPLIANCE WITH FEDERAL REQUIREMENTS
Auditor recognizes that a portion of the compensation paid
shall be from federal funds, and as a result Consultant
shall be required to comply with certain federal
regulations and Executive Orders which are contained in
Attachment No. 3 hereto and made a part hereof and any
other applicable Federal and State regulations.
INFORMATION AND REPORTS
The Auditor shall, at such time and in such form as the
City may require, furnish such periodic reports concerning
the status of the project, such statements, certificates,
approval, and copies of proposed and executed plans and
claims and other information relative to the project as may
be requested by the City. The Auditor shall furnish the
City, upon request, with copies of all documents and other
materials prepared or developed in relation with or as part
of the project.
WHEN RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to
the Auditor constitute or be construed as a waiver by the
City of any breach of covenant, or any default which may
then exist, on the part of the Auditor, and the making or
any such payment by the City while any such breach or
default shall exist in no way impairs or prejudices any
right or remedy available to the City in respect to such
breach or default.
1` 1# IW
XII. GENERAL CONDITIONS
A. City 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 Auditor
performing services hereunder for the City.
B. Auditor is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any
of its officers, employees, servants or agents shall
have any control over the conduct of Auditor or any of
its officers, employees or agents, except as herein
set forth.
C. At the time of (1) termination of this Agreement or
(2) conclusion of all work, all original documents,
reports and other related material whether prepared by
Auditor or obtained in the course of providing the
services to be performed pursuant to this Agreement
shall be made available to City upon request.
D. Auditor shall hold harmless, indemnify and defend the
City and its officers, employees, servants and agents
from a 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, or in any way connected
with negligent acts or misconduct in the performance
of this Agreement by the Auditor.
The City does not, and shall not, waive any rights
that it may have against Auditor by reason of
Paragraph D hereof, because of the acceptance by the
City, or the deposit with the City, or 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 in Paragraph D hereof.
The City shall hold harmless and indemnify the Auditor
from any liability, damages and legal costs sustained
by Auditor for the limited event that any written
representation from the City provided to Auditor shall
be found to be false.
E. Auditor shall secure from a good and responsible
company or companies doing insurance business in the
State of California, pay for, and maintain in full
force and effect for the duration of this Agreement
the policies of insurance required by this paragraph
and shall furnish to the City certificates of
insurance on or before the commencement of the term of
this Agreement. Notwithstanding any inconsistent
statement in any of said policies or any subsequent
endorsement attached thereto, the protection off by
the policies shall:
1. Name the City and its officers, employ servants
and agents and independent contractors as
additional insured with Auditor.
2. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified by
mail, postage prepaid, not less than thirty (30)
days before the cancellation of the amendment is
effective. Auditor shall give City thirty (30)
days written notice prior to the expiration of
such policy.
3. Be written on an occurrence basis.
F. Consistent with the provisions of Paragraph E, Auditor
shall provide general public liability insurance and
professional liability insurance including automobile
liability and property damage insurance in an amount
not less than one million dollars ($1,000,000.00) per
occurrence and annual aggregate.
G. Consistent with the provisions of Paragraph E, Auditor
shall provide workers' compensation insurance as
required by the California Labor Code.
If the workers' compensation law does not protect any
class of employees engaged by Auditor in work under
this Agreement, Auditor shall provide adequate
insurance for the protection of such employees to the
satisfaction of the City.
H. Auditor shall not assign this Agreement or any of the
rights, duties or obligations hereunder. It is
�'I I I
understood and acknowledged by the parties that
Auditor is uniquely qualified to perform the services
provided for in this Agreement.
I. Any notice
shall be in
document to
deposit in
registered,
prepaid, an(
as follows:
to be given pursuant to this Agreement
writing and all such notices and any other
be delivered by personal services or by
the United States mail, certified or
return receipt requested, with postage
i addressed to the party for whom intended
City: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93201
Auditor: Kevin T. Pulliam
Vavrinek, Trine, Day & Company, LLP
8270 Aspen Street
Rancho Cucamonga, CA 91730
Either party may, from time to time, by written notice
to the other, designate a different address that shall
be substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered
upon receipt by personal service upon deposit in the
United States mail.
J. Nothing contained in this Agreement shall be deemed,
construed or represented by City or Auditor or by any
third person to create the relationship of principal
agent, or of a partnership, or of joint venture, or of
any other association of any kind or nature between
City and Auditor.
K. This Agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreement or understandings, oral or written, is
hereby merged herein. This Agreement shall not be
amended in any way except by writing expressly
purported to be such an amendment, signed and
acknowledged by both parties hereto.
L. 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 a party prepared the
Agreement or caused it to be prepared.
M. No waiver of any provision of this Agreement shall be
deemed, or shall 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.
N. 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 or any provision of this
Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including reasonable
attorney's fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall
include an award thereof.
0. Cases involving a dispute between City and Auditor may
be decided by an arbitrator, if both sides agree in
writing on the arbitration and on the arbitrator
selected, with costs proportional to the judgment; of
the arbitrator.
P. This Agreement is made, entered into, executed in
Ventura County, California and any action filed in any
court or for arbitration for the interpretation,
enforcement or other action to herein shall be filed
in the applicable court in Ventura County, California.
Auditor and City agree to waive any right to a trial
by jury in any action, proceeding or counterclaim
arising out of Auditor's services or fees pursuant to
this Agreement.
Q. The captions and headings of the various Articles and
Paragraphs of this Agreement are for convenience and
identification only and shall not be deemed to limit
or define the content of the respective Articles and
Paragraphs hereof.
R. If any portion of this Agreement is held by a court of
competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions will never -
the -less continue in full forces without being
impaired or invalidated in any way.
MMMUK
S. No officer, employee, director or agent of the City
shall participate in any decision relating to this
Agreement which affects his personal interests or the
interest of any corporation, partnership or
association in which he is directly or indirectly
interested, or shall any such person have any
interests, direct or indirect, in this Agreement, or
the provisions thereof.
T. The individual directly responsible for Auditor's
overall performance of the Agreement's provisions
herein above set forth and to serve as principal
liaison between City and Auditor shall be Kevin T.
Pulliam. The individual directly responsible for the
City shall be Cynthia Borchard, Administrative
Services Director.
U. The language in this Agreement shall take precedence
over the language contained in any exhibit to this
Agreement.
V. Auditor shall commence, carry on, and complete the
project with all practicable dispatch, in a sound,
economical, and efficient manner in accordance with
the provisions hereof and all applicable laws.
IN WITNESS WHEREOF, the City and the Auditor have executed this
Agreement as of the date first written above.
CITY OF MOORPARK
Steven Kueny, City Manager
ATTEST:
Deborah S. Traffehstedt, City Clerk
VAVRINEK, TRINE, DAY & CO., LLP
Name
Title
CITY OF MOORPARK
AND THE MOORPARK REDEVELOPMENT AGENCY
SCHEDULE OF AUDIT FEES
Standard Hourlv Rates
Partner
Reports
FY 03/04
FY 04/05
FY 05/06
1.
City of Moorpark
$23,990
$25,590
$26,900
2.
Single Audit, if applicable
$
2,950
$
3,250
$
3,450
$ 90
(assuming one major program)
Paraprofessional
$ 59
$ 61
$ 65
3.
Moorpark Redevelopment Agency
$
4,100
$
4,200
$
4,300
4.
CAFR Preparation
$
3,950
$
3,000
$
3,250
(year one implement GFOA format)
5.
City of Moorpark Controllers Report
$
3,000
$
3,200
$
3,400
6.
Street Report
$
2,000
$
2,100
$
2,200
Standard Hourlv Rates
Partner
$185
$190
$195
Manager
$165
$170
$175
Supervisor
$145
$150
$155
Senior
$120
$125
$130
Staff
$ 85
$ 90
$ 95
Paraprofessional
$ 59
$ 61
$ 65
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