HomeMy WebLinkAboutAG RPTS 2008 0917 RDA REG—� ESTABLISHED
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MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 17, 2008
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. PRESENTATION /ACTION /DISCUSSION:
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of June 11, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Reaular Meetina of September 3, 2008. Staff
Recommendation: Approve the minutes.
C. Consider Aareement with Overland, Pacific, and Cutler Inc. for On -Call
Relocation Services: Staff Recommendation: 1) Approve Agreement,
subject to final language approval by the Executive Director and Agency
General Counsel; and 2) Authorize the Executive Director to execute the
Agreement on behalf of the Agency. - (Staff: David Moe)
D. Consider Resolution Amending Fiscal Year 2008/09 Budget to Increase
Appropriations for Fiscal Year 2007/08 Purchases Order Roll - overs. Staff
Recommendation: Adopt Resolution No. 2008- ROLL CALL VOTE
REQUIRED (Staff: Hugh Riley)
Redevelopment Agency Agenda
September 17, 2008
Page 2
7. 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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 192 High Street (APN 512 -0- 090 -105)
Agency Negotiator: Redevelopment Agency of the City of Moorpark - Steven
Kueny, Executive Director
Negotiating Parties: Aszkenazy Development, Inc.
Under Negotiation: Price and terms of sale
8. ADJOURNMENT:
All writings and documents provided to the majority of the Agency regarding all open- session agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Redevelopment Agency meetings is also available on the
City's website at www.ci.mooroark.ca.us.
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 Comment Prior to the beginning of the Public Comments portion of the meeting; for a
Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each Presentation /Action/
Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning
of public testimony for a continued 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. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517 -6223.
it
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 Division 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).
Redevelopment Agency Agenda
September 17, 2008
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular
Meeting of the Moorpark Redevelopment Agency to be held Wednesday, September 17,
2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799•'
Moorpark Avenue, Moorpark, California, was posted on September 12, 2008, 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 September 12, 2008.
/6��
Maureen Benson, Assistant City Clerk
CITY OF MOORPA? <,
Redevelopment Agency Mect4,,g
of - - -I l7" a e ° f
ACTION: ��t ��_. �r 1
TAM 6 .A.
MtNtJTES OF THE REDEVELOPMENT AGENCY
Moorpark, California June 11, 2008
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
June 11, 2008 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 6:04 p.m. and announced that Item
5.A. would be heard concurrently with Item 6.A. on the City Council Meeting
agenda.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Parvin, Van Dam, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant
Executive Director; Redevelopment Manager, David Moe;
and Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
AT THIS POINT in the meeting, Item 5.A. was heard concurrently with Item 6.A. on the
City Council Meeting agenda.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Proposed Operating and Capital Improvements Budget for the
Fiscal Year 2008/09. Staff Recommendation: Discuss proposed budget
for Fiscal Year 2008/09.
Refer to City Council Special Meeting Minutes for June 11, 2008, for
discussion pertaining to this item.
CONSENSUS: It was the consensus of the Agency Board to appropriate: 1)
$224,300 to fund fifty percent (50 %) of Community Development personnel costs
for the Deputy City Manager, Senior Management Analyst, and Code
Compliance Technician, whose primary duties have been shifted to benefit the
'J11ify() 1
Minutes of the Redevelopment Agency
Moorpark, California Page 2 June 11, 2008
Redevelopment Project Area; 2) $32,000 to fund fifty percent (50 %) of the
Finance Department personnel cost for the Secretary 1 position, as this position
will be shared with the Agency; 3) $7,400 to cover a one and one -half percent
(1.5 %) cost of living adjustment; 4) $31,250 to finance fifty percent (50 %) of
Lassen Walkway Project; 5) $13,000 to fund the installation of swings at
Magnolia Park; and 6) Elimination of the assumed ten percent (10 %) rate
increase in medical health premiums for a savings of $1,200 in group insurance.
MOTION: Agency Member Millhouse moved and Agency Member Parvin
seconded a motion to accept the
Agency budget and to schedule
carried by unanimous voice vote.
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
proposed amendments to the Redevelopment
budget adoption for July 2, 2008. The motion
Chair Hunter adjourned the meeting at 9:15 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
s'vdevploprrent Agency
TEEM
6.&
A ' :T:r" _ • -- - MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark,nia September 3, 2008
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
September 3, 2008, in the Community Center of said City located at 799 Moorpark
Avenue, Moorpark, California.
CALL TO ORDER:
Vice Chair Parvin called the meeting to order at 7:15 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, and Vice Chair Parvin.
Absent: Agency Member Van Dam and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant
Executive Director; David Moe, Redevelopment Manager;
and Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. PRESENTATION /ACTION /DISCUSSION:
None.
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a
motion to approve the Consent Calendar. The motion carried by roll call vote 3 -0,
Agency Member Van Dam and Chair Hunter absent.
A. Consider Minutes of Regular Meeting of August 20, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Resolution Authorizing the Acquisition of 1123 Walnut Canyon
Road Accepting the Grant Deed for Recordation, and Amending the
Fiscal Year 2008/09 Budget to Fund the Purchase. Staff
Recommendation: 1) Adopt Resolution No. 2008 -201; 2) Authorize the
Minutes of the Redevelopment Agency
Moorpark California Page 2 September 3, 2008
Executive Director to execute all documents necessary to this transaction;
and 3) Authorize the Agency Secretary to accept and consent to the
recordation of any deed. ROLL CALL VOTE REQUIRED
7. CLOSED SESSION:
None was held.
9. ADJOURNMENT:
Vice Chair Parvin adjourned the meeting at 7:16 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
rrEM
Re,1eve1cP,,1ent Agency Mee.':r;:!
_ .._ __MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Chair and Agency Board Members
FROM: David C. Moe II, Redevelopment Manager
pr-
BY: Jessica Sczepan, Administrative Speciali
DATE: September 10, 2008 (Agency Meeting of 9/17/08)
1O .C.
SUBJECT: Consider an Agreement with Overland, Pacific, and Cutler Inc. for
On -Call Relocation Services
BACKGROUND & DISCUSSION
When the Agency acquires property for an economic development or affordable housing
project, the tenant or business owner that is occupying that property may be entitled to
relocation benefits pursuant to California Community Redevelopment Law and
California Relocation Assistance and Property Acquisition guidelines. Since relocation
requirements are triggered when the Agency begins negotiations with the property
owner, staff feels it is necessary to have a Relocation Consultant on -call to provide
services. The On -Call contract is an annual contract and consists of an hourly rate
schedule and cap of $20,000. The cap cannot be extended without written approval
from the Executive Director.
Staff is proposing using Overland, Pacific, and Cutler (OPC) for on -call relocation
services. They have the expertise and qualifications to perform the services and are
familiar with the Agency and the City of Moorpark.
FISCAL IMPACT
Funds for these services are already budgeted in the Fiscal Year 08/09 Budget.
STAFF RECOMMENDATION
1. Approve Agreement with Overland, Pacific, and Cutler for On -Call Relocation
services subject to final language approval by Executive Director and Agency
Counsel; and
2. Authorize Executive Director to execute the Agreement on behalf of the Agency.
Attachment I: Agreement for Professional Services
_)'.1'10()4
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK AND OVERLAND, PACIFIC AND
CUTLER
This Agreement is made and entered into in the City of Moorpark on this
day of , 2008, by and between the Redevelopment
Agency of the City of Moorpark ( "Agency "), a public body, corporate and politic, and
Overland, Pacific and Cutler, a California corporation providing relocation services
( "Consultant "). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
I. Term
This Agreement shall commence on and shall remain and
continue in effect for one year, unless sooner terminated pursuant to the provisions of
this Agreement.
2. Services
Agency hereby retains Consultant in a contractual capacity to perform relocation
services for various Agency owned properties.
3. Performance
Consultant shall at all times faithfully, competently and to the best of his /her
ability, experience, 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 to meet its
obligations under this Agreement.
4. Responsible Individuals
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Agency and Consultant shall be Mark LaBonte, or designee.
The Executive Director, or his designee, shall represent Agency in all matters
pertaining to the administration of this Agreement, review and approval of all products
submitted by Consultant. The Executive Director is authorized to act on Agency's behalf
to execute all necessary documents which increase the scope of services or change
Consultant's compensation, subject to Section 5 hereof.
Page 1 of 7
5. Payment
a) For furnishing services as specified in this Agreement, Agency shall pay and
Consultant shall receive compensation on an hourly basis with a total sum not to exceed
$20,000 for the term of this Agreement, unless agreed upon in writing as outlined in
subsection b, below. Exhibit A is Consultant's hourly rate schedule for the term of this
contract, and is attached hereto and incorporated herein.
b) In the event that additional work hours are required of Consultant, beyond the
not -to- exceed fee for this Agreement, additional compensation may be authorized only if
such authorization is provided in writing, identifying a "not -to- exceed" cap to be paid by
Agency. Hourly rates for additional work will be as outlined in Exhibit A.
c) Agency shall make payment to Consultant within thirty (30) days of receipt of
invoices, except for those invoices which are contested or questioned, in writing, and are
returned to Consultant within thirty (30) days of the receipt of invoices.
6. Incorporation by Reference
All exhibits herein referenced are hereby incorporated into and made a part of the
Agreement.
7. Suspension or Termination of Agreement without Cause
a) The Agency 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 Agency suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
b) In the event this Agreement is terminated pursuant to this Section, the Agency
shall pay to Consultant the actual value of the work performed up to the time of the
termination. Upon termination of the Agreement pursuant to this Section, the Consultant
will submit an invoice to the Agency pursuant to Section 5.
8. Default of Consultant
a) 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, Agency shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate 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
Page 2 of 7
beyond the Consultant's control, and without fault or negligence of the Consultant, it
shall not be considered a default.
b) If the Executive Director or his /her designee determines that the Consultant is
in default in the performance of any terms or conditions of this Agreement, the Executive
Director shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service 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 Agency 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.
c) Consultant may terminate this Agreement upon 30 days notice in the event of a
material breach or non - payment by Agency.
9. Indemnification for Professional Liability
CONSULTANT agrees to indemnify, protect, defend, and hold harmless the City
of Moorpark, the Redevelopment Agency of the City of Moorpark, and any and all of its
officials, employees, and agents 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
CONSULTANT, its officers, agents, employees or sub - consultants in the performance of
professional services under this agreement.
10. Indemnification for Other than Professional Liability
Other than in the performance of professional services and to the full extent
permitted by law, CONSULTANT 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, or 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 entity for which CONSULTANT
is legally liable, including but not limited to officers, agents, employees, subconsultants,
or contractors and subcontractors of CONSULTANT.
11. General Indemnification Provisions
CONSULTANT agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subconsultant,
contractor, subcontractor, or any other person or entity involved by, for, with, or on behalf
Page 3 of 7
of CONSULTANT in the performance 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 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 CONSULTANT 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
CONSULTANT 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 Section 9 and 10 of this
Agreement.
12. Insurance
Consultant 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.
13. Independent Consultant
a) Consultant is and shall at all times remain as to the Agency a wholly
independent Consultant. 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 Agency 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,
employees, or agents of the Agency. Consultant shall not incur or have the power to
incur any debt, obligation, or liability whatever against Agency, or bind Agency in any
manner.
b) 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, Agency shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for Agency. Agency shall not be liable for
compensation or indemnification to Consultant for injury or sickness arising out of
performing services hereunder.
14. Notices
Page 4 of 7
8
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by 1) personal service, 2) delivery
by a reputable document delivery service, which provides a receipt showing date and
time of delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by notice:
Agency: Redevelopment Agency
of the City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Executive Director
Consultant: Overland, Pacific, and Cutler
100 West Broadway, Suite 500
Long Beach, CA 90802
Attn: Mark LaBonte
15. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the Agency. It is
understood and acknowledged by the parties that Consultant is uniquely qualified to
perform the services provided for in this Agreement.
16. Entire 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. 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. 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 provisions. No waiver
shall be binding, unless executed in writing by the party making the waiver.
16. Anti - Discrimination
In the performance of the terms of this Agreement, Consultant 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,
Page 5 of 7
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.
17. General Conditions
a) Consultant agrees to limit its actions related to economic interest and potential
or real conflicts of interest as such as defined by applicable State law to the same
standards and requirements for designated Agency employees.
b) 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 Consultant
performing services hereunder for Agency.
c) At the time of 1) termination of this Agreement or 2) conclusion of all work, all
original reports, documents, calculations, computer files, notes, and other related
materials whether prepared by Consultant or its subcontractor(s) or obtained in the
course of providing the services to be performed pursuant to this Agreement shall
become the sole property of Agency. Any word processing computer files provided to
Agency shall use Microsoft Word for Windows software.
d) Nothing contained in this Agreement shall be deemed, construed or
represented by Agency or Consultant or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint venture, or of any other association of
any kind or nature between Agency and Consultant.
e) Cases involving a dispute between Agency and Consultant 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.
f) The captions and headings of the various Sections 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 Sections and Exhibits hereof.
g) 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 force without being impaired or invalidated in any way.
h) No officer, employee, director or agent of the Agency shall participate in any
decision relating to this Agreement which affects the individual personal interest or the
interest of any corporation, partnership, or association in which he is directly or indirectly
interested, or shall any such person have any interest, direct or indirect, in this
Agreement or the provisions thereof.
Page 6 of 7
"'I O-'L 0
18. Governing Law
The Agency 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.
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.
19. Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that this individual has the authority to execute this Agreement on behalf
of the Consultant and has the authority to bind Consultant to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
REDEVELOPMENT AGENCY OF CONSULTANT:
THE CITY OF MOORPARK: Overland, Pacific, and Cutler
Steven Kueny
Executive Director
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Exhibit "A ": Schedule of Fees
Exhibit "B ": Insurance Requirements
Mark LaBonte
Vice President
Page 7 of 7
EXHIBIT A
Schedule of Fees
Relocation Plans
OPC will prepare a relocation plan in compliance with state and federal relocation guidelines for
a fixed fee price of $350 per household with a minimum of fee of $3,250. For preparation of a
relocation plan, OPC shall provide the final billing for these services upon completion and
submittal of the final document.
Relocation Implementation
OPC will provide the necessary relocation assistance services for business and residential
occupants in accordance with state and/or federal guidelines at the following hourly rate
schedule:
2008 Schedule of lloin-IN Rates
Principal $185.00 per hour
Principal Consultant / Director
$165.00 per hour
Senior Project Manager (Utilities)
$150.00 per hour
Senior Project Manager
$135.00 per hour
Project Manager
$125.00 per hour
Senior Acquisition/Relocation Consultant
$115.00 per hour
Acquisition/Relocation Consultant /Analyst
$ 105.00 per hour
Real Estate Technician/Escrow Officer /Project Support
$ 73.00 per hour
Secretarial /Clerical
$ 45.00 per hour
Overland, Pacific & Cutler, Inc. considers photocopying, first class postage, telephone, facsimile
and cellular communication charges as a normal part of doing business. These charges are
included in the stated hourly rates. Out -of- pocket expenses — including pre - approved travel and
lodging. outside exhibit preparation, requested overnight courier or registered and /or certified
mail (return receipt requested) charges and specialty reproduction — unless otherwise specified,
are in addition to the contract amount and will be charged at cost plus ten percent ( +10 %) for
administration, coordination and handling. Subcontracted services, as approved, will be invoiced
at cost plus ten percent ( +10 %).
In the event Overland, Pacific & Cutler, Inc. is required to perform any act in relation to litigation
arising out of any project of Client, whether that be expert consulting or responding to a
complaint or proceeding with discovery and trial, such services are not part of this contract, nor
are they part of our normal fees and, if required, shall be invoiced at two times hourly rates.
In the event this contract extends twelve (12) months beyond the initial date of execution, the
hourly rates shall be adjusted upwardly by approximately five percent (5 %) per annum.
compounded annually, on the anniversary date of this contract.
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Insurance Requirements
Prior to the beginning of and throughout the duration of the 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 the 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 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.
Consultant 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 and $2,000,000 in the 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 employees will use personal autos in
any way on this project, Consultant 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.
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.
a. ►�r1 3
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 VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and Agency 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 Agency and the City of
Moorpark, its officials, employees, servants, agents, and independent consultants
( "Agency indemnities "), using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. 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
of subrogation prior to a loss. CONSULTANT agrees to waive subrogation rights
against AGENCY regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractor's to do likewise.
3. All insurance coverage and limits provided by Consultant 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. Consultant 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 Consultant'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
+:�� A
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 Consultant or deducted from
sums due Consultant, at Agency option.
8. Certificates of insurance are to reflect that the insurer will provide 30 days notice
to Agency of any cancellation 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 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 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. Consultant agrees to ensure that subcontractors, and any other party involved
with the project, who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage 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 project will be submitted to Agency
for review.
11. Consultant agrees not to self- insure or to use any self- insured retention 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 performance of work on the project contemplated by this
Agreement to self- insure its obligations to Agency. If Consultant'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 Consultant, which may include reduction or elimination of
the deductible of 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 Consultant
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.
,i,r S
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 Agency to inform Consultant 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. Consultant 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. 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 is required in these specifications
applicable to the renewing or new coverage must 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 Consultant under this Agreement. Consultant 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 give coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party of 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. Consultant 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
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the 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. Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant 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.
1 1 EM
ACTION: Q W
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Board of Directors
FROM: Hugh Riley, Assistant Executive Pire
BY: Irmina Lumbad, Finance /Accounting Mana er
to. I.
DATE: September 9, 2008 (City Council Meeting of September 17, 2008)
SUBJECT: Consider Resolution Amending FY 2008/09 Budget to Increase
Appropriations for FY 2007/08 Purchase Orders Roll -overs
SUMMARY
Staff is recommending to roll -over FY 2007/08 Purchase Orders for goods and services
into FY 2008/09. This action would increase the current year's appropriation and
encumbrances by $5,200.
DISCUSSION
On July 2, 2008 the City Council adopted the FY 2008/09 Operating and Capital
Improvements Budget for the Redevelopment Agency of the City of Moorpark. The
resolution granted the Executive Director the authority to amend the capital
improvement budget after final accounting of FY 2007/08 project costs. The original
adopted appropriation was $23.7M, which includes $14.8M for capital improvement
projects.
In the prior years, Purchase Orders (PO's) for goods and services were closed and
except for Capital Improvement Projects (CIP), all unexpended encumbrances and
appropriations were not carried forward into the current year. Thus, payments against
these PO's were usually charged against current year appropriations and the budget
was subsequently adjusted during mid -year budget amendments.
Staff realized that there were some commitments entered into by the City to purchase
goods or services in the prior year. Funds were accordingly encumbered and Purchase
Orders were issued. But the timing of delivery for such goods and services went
beyond June 30 and could not be recorded as accrued expenses in FY 2007/08.
Therefore, such transactions should be paid in the current FY 2008/09. By approving
Honorable City Council
September 17, 2008
Page 2
the budget amendment, any remaining encumbrance amounts in PO's listed in Exhibit 1
would be carried forward into FY 2008/09 to cover these payments.
FISCAL IMPACT
The total roll -over will increase the Agency's appropriations by $5,200 and will impact
the following funds:
Funds
Original
Adopted Budget
Proposed
Budget
Amendment
Adjusted
Budget
2901 MRA Low /Mod Housing
$2,682,296
$1,300
$2,683,596
2902 MRA Area 1
$2,714,188
$3,900
$2,718,088
TOTAL
$5,396,484
$5,200
$5,401,684
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2008-
Attachment: Exhibit 1
Resolution No. 2008-
CITY OF MOORPARK
FY 2007/08 Purchase Order
Carry Forward to FY 2008/09
Purchase
Order No
Vendor
Description
07000145
CPI Solutions
Imaging Software - Library
07000152
CPI Solutions'
Dell Hardware /Software
07000154
Dell Marketing'
2 Year Extended Contract
07000156
Dell Marketing'
Processor
07000157
Signature Signs
Repaint Aluminum City Seal- Monument PD
07000160
Amuseum
Moorpark Mammoth Multimedia
07000162 Preferred Glass & Window Remove & Install New Window -City Hall
Budget Unit
Amount
1000-
2100 -0000
1010 - 7640 -0000
$9,962.89
1000-
City
0100- 3120- 0000
$65,126.02
1000-
See Note
0100 - 3120 -0000
$5,263.92
1000
See Note
0100- 3120 -0000
$9,673.84
1000-
See Note
1000 - 9200 -0000
$855.00
1000
City
1000- 2120 -0000
$3,000.00
2200
city
1000- 7620 -0000
$1,694.00
2400
City
-0000
$95,575.67
2605
- 8310
NOTE:
1 Internal Services Fund /Information Systems: Any operating or capital outlay charges in this budget unit is subsequently allocated to
various other funds /divisions. The percentage allocation is based on the Cost Plan for FY 2007/08 and total encumbrance of $80,100 will
impact the following budget units:
Budget Unit
Percent of Allocation
1000-
2100 -0000
8,606.86
6.780%
1000-
3100 -0000
7,285.80
10.750%
1000-
3110 -0000
3,298.63
2.280%
1000
- 5110 -0000
11,945.52
9.100%
1000-
7100
-0000
22.950%
1000
- 8100
-0000
4.120%
2200
- 6100
-0000
13.140%
2400
- 7800
-0000
14.920%
2605
- 8310
-0000
9.440%
2901
- 2420
-0000
1.670%
2902
- 2410
-0000
4.850%
Amount Allocated
5,428.32
City
8,606.86
City
1,825.45
City
7,285.80
City
18,374.64
City
3,298.63
City
10,520.38
City
11,945.52
City
7,558.02
City
1,337.07
MRA
3,883.09
MRA
100% 80,063.78
s:.
i'
a
Exhibit 1
RESOLUTION NO. 2008-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY
2008/09 OPERATING BUDGET TO INCREASE
APPROPRIATIONS FOR FY 2007/08 PURCHASE ORDER ROLL-
OVERS
WHEREAS, on July 2, 2008, the Agency Board adopted the Operating and
Capital Improvements Budget for FY 2008/09; and
WHEREAS, a staff report has been presented to the Board requesting a budget
amendment to increase appropriations by $5,200 to allow FY 2007/08 Purchase Order
encumbrances to be carried forward to FY 2008/09; and
WHEREAS, the roll over will impact the MRA Low /Mod Housing and MRA Area 1
Funds-,and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its
resultant impact to the budget line items.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment appropriating $5,200 per Exhibit "A" and
encumbering said funds for FY 2007/08 Purchase Order rolled over to FY 2008/09 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 September, 2008.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A
Exhibit A
BUDGET AMENDMENT FOR
FY 2007108 PURCHASE ORDER
ENCUMBRANCES ROLLED OVER TO
FY 2008/09
FUND ALLOCATION FROM:
Fund
MRA Low /Mod Housing Fund
MRA Area 1 Fund
Account Number Amount
2901 -5500 $1,300
2902 -5500 $3,900
TOTAL. _.__ -- - - - - - -- - - -_ - - -- - - - -$5 200
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
2901 - 2420 - 0000 -9598 $0 $1,300 $1,300
2902- 2410 - 0000 -9598 $0 $3,900 $3,900
—. -.
- - -- - -- - _
- TOTAL I -. __.. _..$0 OL -- - $5,200
Approved as to Form: