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HomeMy WebLinkAboutAG RPTS 2009 0520 RDA REGJ EVABLIM * r4w A per r�/FO orV°� Resolution No. 2009 -211 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA WEDNESDAY, MAY 20, 2009 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: S. PRESENTATION /ACTION /DISCUSSION: A. Consider Approving an Agreement with the Buxton Company for Professional Economic Development Consulting Services and Resolution Amending the Fiscal Year 2008/09 Budget for Preparation of a Retail Economic Development Strategy. Staff Recommendation: 1) Adopt Resolution No. 2009- , approving an amendment to FY 2008/09 Budget in the amount of $40,000.00; and 2) Authorize the Executive Director to execute the Professional Service Agreement for this transaction, subject to final language approval by the Executive Director and Agency Counsel. ROLL CALL VOTE REQUIRED (Staff: David Moe) B. Consider Thirty -Six Month Performance Review of the High Street Arts Center (HSAC). Staff Recommendation: Direct staff to continue operating the HSAC for an additional two years. (Staff: David Moe) C. Consider Proposed Operating and Capital Improvement Budget for Fiscal Year 2009/2010 Staff Recommendation: Receive the budget and set a workshop for either May 27 or June 10, 2009. (Staff: Steven Kueny) Redevelopment Agency Agenda May 20, 2009 Page 2 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Second Amendment to the Design and Engineering Agreement between the Redevelopment Agency of the City of Moorpark and CVE Enqineerinq and Resolution Amendinq the Fiscal Year 2008/09 Budget for Engineering Services. Staff Recommendation: 1) Adopt Resolution No. 2009-, approving an amendment to Fiscal Year 2008/09 Budget in the amount of $116,669.00; and 2) Authorize the Executive Director to execute the Design and Engineering Agreement for this transaction, subject to final language approval by Executive Director and Agency Counsel. ROLL CALL VOTE REQUIRED (Staff: David Moe) 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) 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. 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 May 20, 2009 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 Redevelopment Agency of the City of Moorpark to be held Wednesday, May 20, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on May 15, 2009, 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 15, 2009. Maureen Benson, Assistant City Clerk CITY OF MOORPARK, CALIFOWCA Redevelopment Agency Meeting rra4 S.A. i A 0 499 ACTION: etll-ll d, YA APO- Olil By., lv-� - 6�� MOO PARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager DATE: May 11, 2009 (Agency Meeting of 5/20/09) SUBJECT: Consider Approving an Agreement with the Buxton Company for Professional Economic Development Consulting Services and Resolution Amending Fiscal Year 2008/09 Budget for Preparation of a Retail Economic Development Strategy BACKGROUND & DISCUSSION Staff has received a proposal from the Buxton Company ( "Buxton ") to prepare a Retail Economic Development Strategy for the Redevelopment Agency of the City of Moorpark ( "Agency"). Staff presented the proposal to the Community and Economic Development Committee (Councilmembers Mikos and Lowenberg) ( "Committee ") on March 18, 2009. The Committee reviewed the proposal and recommended approval of the project to the Redevelopment Agency Board. An agreement between the Agency and Buxton is attached as Attachment A. Under the agreement, Buxton would collect and analyze the City of Moorpark economic information and create custom marketing materials and strategies targeting the unique location requirements of retailers, developers and commercial real estate brokers based on the following factors: • Psychographic analysis of households in trade area • Demand for retail goods and services • Site setting, situation and configuration • Growth plans and relevant development Individualized marketing packages for each targeted retailer will be delivered to the Agency. Each marketing package will be ready to use as collateral marketing materials providing compelling and precise information that demonstrates Moorpark's qualifications as a desired location. Each marketing package will contain: 1. Map of the retail site and trade area 000061 Honorable Agency Board May 6, 2009 Page 2 of 3 2. Map of retailer's potential customers 3. Retailer match report that compares the site's trade area characteristics with the retailer's locations in similar trade areas 4. Demographic and psychographic profiles of the households in the trade area 5. Contact information for the person at the retailer who has location decision responsibilities In addition, Buxton will notify each company that has been identified as a match with the City of Moorpark and they should expect to be contacted by a representative of the Agency. The Agency will also be able to access Buxton's SCOUT program, which is an online marketing system that will allow staff to showcase retail sites in the city. This will give staff the ability to reproduce maps, provide site - specific data and generate custom marketing packages to immediately respond to questions or information requests from retailers or developers. The Agency would have access to the SCOUT program "at no charge" for the first two years. After the second year there will be a $1,000 per month SCOUT maintenance fee and information update fee. However, the Agency may cancel SCOUT at any time with thirty days written notice. Under the agreement the Agency will receive the following items: • Drive Time Trade Area Map • Retail Site Assessment — includes Retail Leakage /Supply Analysis and Customer Profile • Retail Match List • Final Report and Marketing (Pursuit) Packages • An electronic presentation highlighting the process and findings will be a part of the deliverables. It is designed for local presentations to chambers of commerce, civic clubs and other groups interested in the retail development of City. FISCAL IMPACT A budget amendment in the amount of $40,000.00 from the MRA Operating Fund is needed to develop a portion of the economic study this fiscal year. The remaining amount will be funded in the 2009/10 fiscal year budget. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Adopt Resolution No. 2009 — approving an amendment to fiscal year 2008 — 2009 budget in the amount of $40,000.00; and 0000(f,12 Honorable Agency Board May 6, 2009 Page 3 of 3 2. Authorize the Executive Director of the Redevelopment Agency to execute the Professional Services Agreement for this transaction, subject to final language approval by Executive Director and Agency Counsel. ATTACHMENT "A" Professional Services Agreement ATTACHMENT "B" Resolution 0tit)9(13 ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND BUXTON FOR PREPARATION OF A RETAIL ECONOMIC DEVELOPMENT STRATEGY This Agreement is made and entered into in the City of Moorpark on this day of , 2009, by and between the Redevelopment Agency of the City of Moorpark ( "Agency "), a public body, corporate and politic, and Buxton Company, a Texas corporation providing consulting services ( "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Term This Agreement shall commence on and shall remain and continue in effect for one year, unless sooner terminated or amended pursuant to the provisions of this Agreement. 2. Services Agency hereby retains Consultant in a contractual capacity to prepare an economic development strategy as set forth in Exhibit A, Proposal, attached hereto and incorporated herein. The project will be divided into four tasks: 1. Researching and Verifying Moorpark's Retail Trade Area 2. Evaluate Moorpark's Retail Potential 3. Matching Retailers /Restaurants to Moorpark's Market 4. Delivering Market Materials If the Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of the Proposal and this Agreement, the language contained in this Agreement shall take precedence. 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 Lisa Hill, or her designee. Page 1 of 7 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. 5. Payment a) For furnishing services as specified in this Agreement, Agency shall pay and Consultant shall receive as full compensation a total sum as shown in Exhibit A Proposal. In no event shall total compensation for the herein described work exceed that described in the Proposal without prior written authorization from Agency. b) In the event that additional work is required of Consultant, beyond the Scope of Services for this Agreement, Consultant 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 such work. c) Consultant will submit invoices at the completion of each of the tasks. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided. Payment shall be made within 30 -days of receipt of each invoice as to all non - disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within 15 -days of receipt of an invoice of any disputed fees set forth on the invoice. 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. Page 2 of 7 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 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 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 Agency, 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 attorney's 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. Page 3 of 7 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 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 Page 4 of 7 compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. Notices 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: Buxton 2651 S. Polaris Drive Forth Worth, TX 76137 Attn: David Glover, Chief Financial Officer 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. Page 5 of 7 U000CS 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, 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 Page 6 of 7 "0()0(:9 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. 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: Buxton Steven Kueny Executive Director ATTEST Deborah S. Traffenstedt, Agency Secretary David Glover Chief Financial Officer Exhibit "A ": Proposal for Professional Services Exhibit "B ": Insurance Requirements Page 7 of 7 000010 EXHIBIT B 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. c. 000il 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: 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 000012 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. 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. 000014 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. 1A.) Ott 015 EXHIBIT A Community/9 Proposal to Develop: A RETAIL ECONOMIC DEVELOPMENT STRATEGY For: City of Moorpark, CA From: Lisa Hill April 28, 2009 Expiration Date: May 20, 2009 Copyright © 2008 Buxton Company. All Rights Reserved. EjU►00IG I. SUMMARY II. INTRODUCTION TO BUXTON III. NEEDS /CHALLENGES IV. GOALS /DESIRED RESULTS V. PROCEDURES /SCOPE OF WORK VI. PROJECT TEAM VII. PROJECT REQUIREMENTS VIII. TIMELINE IX. FEES FOR SERVICES X. SIGNATURE PAGE XI. ENDORSEMENTS /REFERENCES Btraon , IDmti/yiM Customers lI V r) 111:1 �:- CommunitylD I. SUMMARY Community/DO is a proven retail development strategy that can be immediately implemented by Moorpark. Buxton integrated proprietary technical capabilities with more than 500 cumulative years experience in retail management and local economic development to create Community/05. This unique strategy has brought both innovation and a disciplined approach to municipal retail development efforts. During the 60 business days it takes to complete Community/DO, civic leaders are actively involved in the process and make important decisions that guide the direction and results. The four main phases of the process are: Researching and Verifying Moorpark's Retail Trade Area This phase starts with the in -depth collection of the same location variables that Buxton uses to qualify locations for retail clients. Because of Buxton's unique capabilities, we can translate this retail- specific information into market intelligence that community leaders need to attract and grow their retail sectors. Evaluating Moorpark's Retail Potential The evaluation phase will clarify what makes Moorpark distinctive and valuable from a retailer's viewpoint. Through daily involvement in retail location analysis, Buxton has acquired the unmatched ability to evaluate a community's retail potential. Matching Retailers and Restaurants to Moorpark's Market Potential The consumer profile of Moorpark's trade area will be matched against the customer profiles of over 5,000 retailers and restaurants in Buxton's proprietary database. The final match list is developed with the input of community leaders so that it reflects the needs and desires of the residents. Delivering Moorpark's Marketing Packages Individual marketing (pursuit) packages for each retailer match are delivered in both hard copy and in SCOUT ®. Our exclusive online marketing system, SCOUT® helps you to showcase your city in the best light. It gives you the ability to create presentations and quality documents and to share information in the match reports. With Community/DO, Moorpark can unleash its full retail potential, seize new retail opportunities and expand existing businesses. Btraoty 000018 r7 M Community19 II. INTRODUCTION TO BUXTON Since our founding in 1994, Buxton has been a leading force in retail location and development. We are recognized for creating solutions that provide results. Buxton began as a service to help retaile decisions by understanding their customers markets. Buxton leaders soon realized that location and market analysis could also be desiring retail expansion. Please note that i n inclusive of all retail concepts. Community /D@ rs make informed site selection and precisely determining their the company's expertise in retail leveraged to benefit communities this proposal the term "retail" is Designed specifically for use in community economic development programs, Buxton's Community /D® process has assisted more than 450 public sector clients nationwide, resulting in the development of more than 21 million square feet of retail space. We integrate our impressive technical capabilities with more than 500 cumulative years of retail management and local economic development experience to help municipalities achieve their retail goals. More than simply providing data, Community /D® supplies custom marketing materials and strategies targeting the unique location requirements of retailers, developers and commercial real estate brokers. Community /D® clients achieve outstanding success using our tools for retail identification, selection and recruitment. And our clients benefit from our unique understanding of retail site selection from the retailer's point of view. The combination of technical expertise and professional guidance gives municipalities the capacity to immediately implement an effective retail development program. Benefits of Community /D® With Community /D® you have immediate access to: • Retail Industry Expertise. Gain a competitive position by working with professionals who have years of retail management experience plus current insights into your community and site selection processes and trends. • Community Development Best Practices. Expand and sharpen your retail development focus by incorporating best practices discovered by Buxton through daily work with municipalities across the nation. • Proprietary Systems. Gather useful information by having Buxton's technology specialists analyze your trade area accessing data stored on Buxton's in -house databases. Buy n� loaf q C�,�_ 00()0*19 r7'7� CommunitylD • Personalized Content. Advance your retail recruitment program by receiving personal guidance from our staff and ongoing insight into key industry topics via our monthly e- newsletter, webcasts and other interactive tools. • Long -Term Partnership. As a Buxton client and partner you have unlimited access to our staff to help optimize your marketing efforts at the International Council of Shopping Centers (ICSC) annual meeting in Las Vegas, NV. • Marketing Data and Tools. Enhance your marketing messages and presentations by using SCOUT®, Buxton's online trade area database and marketing tool, available to you for one year after project delivery. • Add -On Research. Keep your Community/D& updated and focused by getting special rates on additional research, including retail marketing packages and automatic refreshes of basic information. Bwixoty 4 IO_&OY Er_uanen F7- CommunitylD III. NEEDS /CHALLENGES Moorpark wants to understand and then capitalize on the retail development opportunities. As communities increasingly compete for retail dollars, attracting the attention of retailers has become more challenging than ever. Marketing your community plays a dominant role in today's competitive economy. The challenge for the community is to attract retailers and developers by providing trade area information that is complete, accurate and up -to -date. Using our proprietary methodologies, Buxton will collect and analyze your community's trade area information and give it to you in a format that is easy -to- use and appealing to real estate executives and developers. The best information, however, is useless without a plan for using it. Much more than data collection, Community /D® is an execution strategy that can help you build or revitalize your existing marketing and economic development program. With Community/D0, you will be prepared to: • Achieve your retail potential by establishing a long -term partnership with Buxton • Integrate retail development into your economic development program • Increase your success by preparing Moorpark to meet the needs of retailers • Effectively position your community by leveraging your locations' strengths and minimizing weaknesses • Convey Moorpark's advantages over competitors' advantages • Establish credibility with retail decision makers • Maximize time and resources by not pursuing unqualified prospects • Win the confidence and trust of prospects by understanding their priorities • Use competitive analysis to close the sale Bu7.,I&OIT 0() 0 1 n. Community19 IV. GOALS AND DESIRED RESULTS The primary goal of Community /D® is to prepare Moorpark to successfully expand its retail sector. Community /D® serves as the framework for developing a sustainable marketing program that not only achieves short -term goals but also endures to ensure the economic viability of the retail sector over the long -term. Such a marketing program will bring the following desired results: • Residents' desires to shop and dine at home will be fulfilled • Retail leakage will be minimized • Tax revenues (property and sale /use taxes) will increase • Employment opportunities will grow • Moorpark's ability to capture other economic opportunities will be enhanced Bw-,am , ,#Y.Zc­ 000U+.2 �= Community/9 V. PROCEDURES /SCOPE OF WORK Once you have engaged Buxton to work with you in developing Community /D, a project team will be assigned to guide you through the entire process —from initial data collection to final presentation of the results. This team consists of: Client services manager, who will serve as your primary source of communication during the project Geographic Information System specialist, who will analyze your trade areas and create customized maps and reports Professionals with backgrounds as retail executives and economic development practitioners, who will address your unique challenges and help maximize Moorpark's retail opportunities Staff Visits During visits to the community, Buxton's staff is able to make clear and candid assessments of the community's strengths, weaknesses and potential. Our daily involvement with over 2,000 retail and restaurant clients in finding optimal locations keeps us current on retail location trends. This provides a rational and analytical basis for helping Moorpark decide how to best focus resources on the most promising retail opportunities. Data Collection Buxton uses over 250 consumer and business databases that are updated throughout the year, and in some cases, every month. Although it is possible to obtain these databases for less expense on a community or regional basis, Buxton buys and is licensed to use the complete U.S. datasets. With this information Buxton will compare Moorpark's potential location to the universe of all retail locations operating in the U.S. The following are some of the more well -known sources used in our studies, but there are dozens more that we employ to provide additional insight: • Mediamark • Acxiom • InfoUSA • Claritas • National Research Bureau • Navteq Geographic Data • Dunn & Bradstreet Business Data Bwaon lo—"6 GMOmen CommunitylD Identify Market Influencers All communities have special and often unique features that impact the local retail market and have to be taken into consideration to fully understand the market potential of the community. Such influencers include larger ethnic populations, significant new or expanded developments, military bases, universities and colleges, destination tourist attractions, prisons, medical facilities or major employers. After identifying these market influencers in your community, Buxton will quantify and qualify their influence on the retail market and help to match retailers that can capitalize on these customer bases. You will benefit from the project team's expertise and insight in these four areas: 1. Researching and verifying Moorpark's retail trade area 2. Evaluating Moorpark's retail potential 3. Matching retailers and restaurants to Moorpark's market potential 4. Delivering Moorpark's marketing packages These four major components comprise the Community /D0 process. Each component is explained in detail as follows: 1. Researching and Verifying Moorpark's Retail Trade Area The location decision process for all retailers begins with the collection, analysis and evaluation of numerous location variables such as demand density, customer buying habits, economic trends, competition, traffic volumes, and available sites, to name a few. The Community/D& process for Moorpark will also start with the in -depth collection of data using the same location variables that we use for our retail clients to qualify sites for the location of their retail stores and restaurants. One goal is to define current retail situations in Moorpark, in the trade area and in any neighboring communities that impact on Moorpark's retail environment. The other goal is to understand the community's expectations and desires. This analysis includes personal visits to the community, collection of data components necessary to conduct the analysis and identification of market influencers. Burton Oem:fyina C,scomen �16 tl�0.0 r,A CommunitylD Drive -Time Trade Area Definition Customers today shop by convenience, measuring distance based on time, not mileage. Community/DO will employ a custom drive -time analysis to determine Moorpark's trade area. An example of a drive -time trade area is shown in Figure1. This custom analysis is developed using an in -house database supported by our knowledge of individual retail client's actual trade areas. The resulting drive -time trade area map will be a polygon that more accurately depicts consumer shopping patterns than trade rings. To assure the accuracy of the drive -time trade area, the draft maps are reviewed with community leaders and verified before proceeding with the next step. Figure 1.Example - Drive -Time Trade Area TY Burton 0-4.1 C.—... 4­1 1 { f K ANA -ILIA E.. ,•! '✓`� •, `� /` co E x FNA.YDOAH / Y? r, I- 'I, CommunitylD 2. Evaluating Moorpark's Retail Potential The purpose of the evaluation phase is to understand what makes Moorpark distinctive and valuable from a retailer's viewpoint and scrutiny. Our evaluations capitalize on Buxton's knowledge about the retail marketplace and the location requirements and expectations of retailers. Combining this knowledge with our economic development competencies allow us to evaluate and recommend proven community practices. Our evaluations do not rely on dated government research or national /state statistics, all of which fail to reflect local realities. Rather, we implement our real -world experience gained from working with municipalities that have opened more than 21 million square feet of new or expanded retail space. We know how to help Moorpark sharpen your retail marketing strategy, aggressively market the city and improve your competitive performance. Retail Leakage /Supply Analysis The Retail Leakage /Supply Analysis provides an estimate of retail dollars flowing in or out of the trade area. The two main components of this analysis are: 1) current actual sales (supply) by retail store type and products, in dollar amounts, and 2) estimated sales potential (demand) for retail store type and products, in dollar amounts. We first calculate a sales gap index that illustrates your ability to capture your residents' expenditures. An example of this index is shown in Figure 2. The sales gap index provides a relative comparison of leakage /surplus and an estimate of the dollars that are being spent outside the trade area (leakage) and the amount of dollars coming in from outside the trade area (surplus). This report can be run via SCOUT at any location within the map view. Figure 2.Example - Sale Gap Index Bwaoty ID_ ,o &mg C.- o000a.6 r777 Community/D¢ Assisting Local Retailers Local retailers need to understand the market as much as new retail concepts looking to locate in an area. New businesses considering a location in an area want some assurances that there are enough core customers to support an over - performing store. In order to get this certification, the concept and the city work together to prove the customer density, the comparable market and the attractiveness of a site thereby minimizing the risk for a retailer. However, local businesses may not have the luxury of this information before making site selection decisions. Often times they use demographic models and guess work. It is therefore invaluable to the local business owner to understand the market they have chosen to operate in. This can be understood by analyzing the customer base around the store and what that customer is worth to their concept from a dollars and cents perspective. Retail leakage can help the local business owner determine what is being lost to competing markets and how to capitalize on the gap. Also, understanding the dollar demand of the consumer, and having a realistic picture of the draw area, will help the local market make merchandising decisions about their products. Information is power. The more you know about you customer, the better position you will be in to service their needs and stay strong in a highly competitive marketplace. Buxton will provide this essential information. For businesses, customer knowledge creates revenues, facilitates growth, generates profits and increases shareholder value. Customer Profiling The Community/DO process will identify and analyze all the households in Moorpark's drive -time trade area. Based on more than 4,500 categories of lifestyles, purchase behaviors and media reading and viewing habits (psychographics), the households in your trade area are assessed to gain an understanding of the types of retailers that would be attracted to your community. Our in -house databases include both traditional demographic data and the most current psychographic lifestyle information for over 120 million households in the United States (as well as up to seven individuals living in each of these households). Each household in a trade area falls into one of 66 market segments reflecting the buying habits of customers in the household. The blue line in Figure 3 graphically profiles the households in a city's trade area. Figure 3: Example - Psychographic Profile Bwuon „ IDa drf gCurt _ Community /9 1 2 3 i'' 2 _ IC '1`tY4.51 ?"t51s�'_;L'2o'-^_�'e �C�_rL °� s>i'%isdl�elit4c94Ft�td9X�l�3 fg.`.Ex.�BQ'GD3:F'9A Retail Site Assessment Buxton will analyze up to four (4) distinct retail locations, selected by Moorpark. Based on our collective experience in retail locations, the following factors are considered: • Psychographic analysis of households in trade area • Demand for retail goods and services • Site setting, situation and configuration • Growth plans and relevant development • Retail goals of the community Moorpark will then select the 2 retail sites to be used for retail matching. Buxton will develop a demand density profile of Moorpark's trade area. Demand density measures the bottom -line value of the customers in the trade area —who they are, how many there are and what they buy. One of the significant advantages of Buxton is our ability to take the demand density data and to creatively translate it into a proactive market strategy tailored to take advantage of Moorpark's strengths and to achieve its retail goals. Bwaon' � 12 �,�gC� 000001(:8 r7l Communitylg 3. Matching Retailers and Restaurants to Moorpark's Market Potential Once the sites for retail matching have been selected and the consumer profiles in Moorpark's trade area have been determined, the Community /D® process will match these profiles against the customer profiles of 5,000+ retailers in our proprietary database. In Figure 4, the blue line indicates the customer profile of households in a community's trade area. The red line represents a specific retailer's customer profile. A similarity between the two profiles as shown in Figure 4 analyzed using Buxton's proprietary retail matching algorithm concludes that this site is an opportunity for a specific retailer to open a successful store. This matching results in a list of possible retailers. To develop the preliminary retail match list, Buxton analyzes a number of factors about each possible retailer to qualify it. This analysis is designed to eliminate those retailers that for any reason would not be a candidate for Moorpark. Considered in this analysis are such factors as, verification of a retailer currently operating or expanding into your market, location of operations in similar cities, and competition and cannibalization from nearby locations. Once this analysis is complete, the preliminary list of retailers will be discussed and reviewed with Moorpark. Based on the selections by the sponsor, a final list of up to twenty (25) retailers will be created for the development of marketing (pursuit) packages. Figure 4: Example - Trade Area Consumers Matched with Retailer Customer Profile I : ? t c } z 2 1C'17 ?Y51r-�41 _ _,,C^...-- _E(?a i-P. 3rti2G 7iE3:i N:Afa,45tYM3G`gZfi 1�0: '5:BTC%6 Bm.-ion 13 ._�s Cwt„ CommunitylD 4. Delivering Moorpark's Marketing Packages Buxton will assemble individualized marketing (pursuit) packages for each targeted retailer. At Moorpark's request, Buxton will customize each marketing package for presentation to individual retailers, developers, real estate brokers or potential franchisees. Because it is tailored to the specific needs of the target audience, each marketing package is ready to use as collateral marketing materials providing compelling and precise information that demonstrates Moorpark's qualifications as a location. Each marketing package contains: 1. Map of the retail site and trade area 2. Map of retailer's potential customers 3. Retailer match report that compares the site's trade area characteristics with the retailer's locations in similar trade areas 4. Demographic and psychographic profiles of the households in the trade area 5. Contact information for the person at the retailer who has location decision responsibilities Community/DS targets not only specific companies but also the individual in the company who has the responsibility for location decisions. To provide the best possible reception when Moorpark contacts the targeted retailer, Buxton notifies each company that Moorpark has been qualified by Buxton as a potential viable location for a store, restaurant or development and should expect to be contacted by a representative of the city. Bwaon 14 ._4y's C- CommunityD Figure 5: Example - Retail Match Report (Retail Match Report summarizes a city's location advantages for a specific retailer). P774' 1 1z CommunitylU Retailer Match Report Company- XYZ Umpany sit!• S:Ztf 14#wly 334 & '46(p Road lepart Date: 4.1S,1200-) loon Commviity LrA Segmentation PAW.' (15 Minute Dn*ve Tme)"� 1 2�1 11 0 T" Im amplim (15 Nilm Id" ENE) bur (muril.y. LSA X17 (,rpany Site 7fade Area Average Traot Area* 2403 Fstmazed loot Pr0imel Total Pop liation 413,975 44.596 47,111 T O Kcastholds 17)78 17.317 18•903 ReiAer Dominant Segroent HousehIlds 9,712 12P6 11.612 Day*,w J'Wwkdayj Popubtitn"' 19.110 27.160 29,911 t" 'w" al fif 'Im" -.1 twl t" U:1 bs —.d Urns Tirne L•r..v %-M m Ja10 IQ jetwe lie trace a-ei L X.:ire PrO INE). "me Igo Area XyZ race 3,c-js j",r. r lj- ctna;w iu we u-t17r •i ecobli n ;lJ rz!1•0 trFr Ill Daytkm POP,&840 .'+n N."'Inf al P-r%ZA". I I It, * A I-, !,AOL A.-AA Bw;,ton O—dy.g C.— ... . -,— ". --.. I —It, I — —4— -"-'- 1 111 — -1— .... t , I- - ' ` 15 o00031 Community/9 DELIVERABLES Community/DO deliverables will be presented to Moorpark in two bound hard copies and in SCOUT®, an electronic format (described below). SCOUT® is an online marketing system that will allow you to effectively use Community/DO by enabling you to showcase your best retail site to achieve maximum results. You can access Community /DO reports via SCOUT® to reproduce maps, site - specific data and generate your own custom marketing presentations. With SCOUT® you are directly tied to Moorpark password protected data, maintained and updated in Buxton's databanks. Using your computer you can tailor reports and presentations and immediately respond to questions or information requests from retailers or developers. SCOUT® allows you to: • Graphically display and count the households that appeal to specific target retailers • Create a Leakage /Surplus Analysis report for any location in your community • Manage all your retail- specific data, from maps to photos to zoning information, in a central location • Merge your community's existing marketing materials with CommunitylD' • Select the information that best makes your case • Store and retrieve information on retail buildings and sites • Organize all relevant retail information in a central data center • Present all materials electronically to recruit retailers and developers Beginning in the second year, additional retail marketing packages will be available through SCOUT at the rate of five (5) retailers each month until all matches identified in the initial project are delivered. Beginning in the third year, a complete refresh will be provided using updated data. Deliverables include the following: • Drive Time Trade Area Map • Retail Site Assessment — includes Retail Leakage /Supply Analysis and Customer Profile • Retail Match List • Final Report and Marketing (Pursuit) Packages • An electronic presentation highlighting the Community/DO process and findings will be a part of the deliverables. It is designed for local presentations to chambers of commerce, civic clubs and other groups interested in the retail development of Moorpark. Bwaoiy 16 00006'632 r,,- CommunitylD VI. PROJECT TEAM Team members for your project will include Buxton personnel with strong retail and economic development backgrounds as well those from operations: the Territory Business Manager, appropriate Senior Vice President and Client Services representative. Lisa Hill Territory Business Manager CommunitylD® Division As a Community/Do territory business manager, Lisa works with municipalities in their retail economic development efforts. By understanding what retailers need to make site selection decisions, Lisa enables community leaders to understand and "speak retail." Prior to covering California, she focused on communities in Missouri and Kansas. Lisa brings a strong knowledge of the Community/d® retail economic development strategy and a solid background in client service to her position. Lisa received her B.A. degree from Texas Wesleyan University and is a member of the International Council of Shopping Centers (ICSC). Buxton has worked with more than 400 communities nationwide, helping to recruit over 20 million square feet of retail. Lisa's California clients include Newport Beach, Crescent City, Cupertino, Pasadena, San Jose, Selma, Saratoga and many more. Amy Wetzel Senior Vice President, Community /DO Division, Western Region Amy brings more than 15 years of marketing, retail and business development experience to her position. Prior to joining Buxton, Amy held positions with the Colleyville (Texas) Chamber of Commerce, Baylor Health Care System and Andersen. Amy has worked with numerous communities to establish or enhance Burton c-aomen 17 roM��s 001-3033 r7W CommunitylD their retail recruitment strategies and has been a featured presenter at many organizations, including the Texas Municipal League, the Urban Land Institute, the National League of Cities, and the League of California Cities. She is a member of the Texas Municipal League, the California Association of Local Economic Developers, the California Redevelopment Association and the Association of Washington Cities. Amy has won a number of awards including being named a Great Women of Texas, Woman of Influence by the Fort Worth Business Press. She is also a past board member of Junior Achievement. Amy holds a bachelor's degree in communications from Baylor University. Philip Davis Manager /Senior GIS Analyst Community/DO Division As senior analyst for the Community/DO division, Philip oversees every aspect of Community/DO projects in Buxton's GIS department. His duties include supervising daily operations, working with clients, managing projects and serving as a liaison between analysts and the sales team. Philip has managed the GIS function for more than 350 Community/DO projects for such clients as San Jose, CA; Atlanta, GA.; and Birmingham, AL. Working on projects for two divisions in the company has given Philip a complete understanding of both the retail industry and municipal needs, adding to his expertise in community retail recruitment. Philip graduated from the University of North Texas with a degree in Geography. Bill R. Shelton, CEcD Partner Community/DO Division Bill is a founding partner of Community/DO, Buxton's retail development program for communities. For more than 20 years, Bill worked for the Fort Worth Chamber of Commerce, serving 16 years as its president. He is a Certified Economic Bu7voiT ,g OwOpM Cwtomns Community19 Developer and is past chair of the American Economic Development Council. A founding member of the Texas Economic Development Council, he has served as the organization's president. Bill was honored with a lifetime membership to the International Economic Development Council. Bill's professional service also includes serving as dean of the Basic Economic Development Course at Texas A &M University. Bill holds a bachelor's degree in marketing from the University of Texas at Austin, and he completed post - graduate studies at Texas A &M University. Harvey H. Yamagata President Community /D® Division Clients benefit from the expertise Harvey has gained during 35 years in retail, including leadership roles in brick and mortar, catalog and website retailing. His 20 -year career at Tandy Corporation covered the time when the company grew from $350 million to $3.5 billion in sales and took him from retailing in Europe to opening distributors in Asia. He headed the marketing efforts of the RadioShack Business Products division at a time when they held the major share in the burgeoning personal computer market. Harvey received a bachelor's degree from the University of Wisconsin and a master of business administration degree from Texas Christian University. Bwuon 19 ro_M.^[ C.- 00o0�S n_ Communitylg VII. PROJECT REQUIREMENTS To effectively initiate this project, we request that you provide the following: 1. Project Liaison • Moorpark will designate a project manager who will serve as Buxton's primary contact during the project. 2. Community Information and Reports • City logo (vector file — request your ad agency and /or printer) • Addresses and descriptive information for up to three sites that will be evaluated • Current traffic count data • List of planned retail, commercial or mixed use (either proposed or in development) in the community • List of major, national or regional retailers that have closed, left or moved from the community • General community marketing materials, data and economic reports Project Launch A conference call with representatives of Moorpark and the Buxton Project Team will officially launch the project. The project launch will occur when: 1. An agreement is executed 2. The initial payment is received, and 3. The Community Information and Reports are received Bw,,Joly 0- -fymg Cu. m 20 000004-36 Community/9 VIII. TIMELINE The following timeline is sequential and cumulative. It starts on the day of the project launch conference call. Business Days Client Responsibilities Buxton Responsibilities Start Provide to Buxton all necessary community information. Day 1 Participate in the launch call. Participate in the launch call. Day 6 Trade Area Map ships. Day 13 Approve Trade Area Map. Day 18 Retail Site Assessment ships. Approve Retail Site Assessment Day 25 and submit selection of site for retail matching. Day 40 Retail Match List ships. Submit selections of all retail Day 50 matches to be included in the Final Report and Retail Marketing Packages. Day 60 Final Report and Retail Marketing Packages ship. By adhering to this timeline, the Community/D8 deliverables (Retail Match Reports — both the hard -copy and SCOUT®, the electronic version) will be sent on or before 60 -days after the launch date. Any missed target dates can delay the final delivery date. If there are extenuating circumstances that prevent target dates from being met, a new timeline will be developed. Delays of more than 45 days in timeline schedule by the community will result in an administrative fee of five percent (5 %) of the contract price to be charged. Bu7gon- 21 0400031-11 Commun'itylD IX. FEE FOR SERVICES The Cost of Community /D® is $60,000; payable as follows: 1. $15,000 due upon execution of this agreement 2. $25,000 due upon delivery of retail site assessment 3. $20,000 due upon delivery of retail marketing packages Hard copies of all Community /D® deliverables including marketing packages will be provided. SCOUT® will be delivered for second -years with this agreement and includes the following: 1. Waived - Monthly maintenance fee of $1,000 per month 2. Waived - Set Up fee of $3,000 3. Five Marketing (Pursuit) Packages at no cost After the second year there will be a $1,000 per month SCOUT® maintenance fee and information update fee. The third year begins upon completion of the project. However, Moorpark may cancel SCOUT® at any time with thirty (30) days written notice. Additional Research Services (post analysis) Marketing (Pursuit) Packages (Match reports for additional specific retailers) - Includes two bound hard copies and an electronic version $2,000 Buy, m ta.�.s 22 I,,_I'ng Go rl;-: .a CommunitylD X. SIGNATURE PAGE This agreement is between Moorpark and Buxton (the "Parties ") for the performance of services described in this proposal. The Parties agree that an independent contractor /employer relationship is created as a result of this agreement. Buxton will not be considered an agent or employee of Moorpark for any purpose. This agreement may be terminated by Moorpark at any time upon written notice of thirty (30) days. If this agreement is terminated, Buxton will be paid for services performed up to the date the written notice is received. This agreement shall be administered and interpreted under the laws of the State of Texas. In order to avoid paying State of Texas Sales and Use Tax, Moorpark may be required to provide Buxton with a certificate indicating it is a non - profit corporation and not subject to Texas Sales and Use Tax. Agreed and accepted this day of 2009. Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 (Signature) Bwaony ro­Mn[ cuaomen David Glover Chief Financial Officer Buxton 2651 S. Polaris Drive Fort Worth, TX 76137 23 Fom;WN/M101 (Signature) (i0f,) 0 a�� rr Community /U XI. ENDORSEMENTS /REFERENCES Buxton prides itself on exceptional client service that results in ongoing client satisfaction. Following are just a few of many endorsements from Community /D® clients. Kingsport, TN — Jeff Fleming, Assistant City Manager Kingsport, Tennessee is a city of 44,000 in a county of 150,000 in an MSA of 303, 000. Kingsport is part of the Johnson City- Kingsport- Bristol CSA (combined statistical area), with a population of approximately 500,000. Both Johnson City and Bristol are substantial retail centers as well. Tennessee distributes sales tax revenues based on point -of -sale, so retailing activity is highly competitive among municipalities and counties. There is no provision for a municipality or county to benefit from sales occurring in neighboring cities/counties, so it is definitely a high stakes proposition. Were you satisfied with the finished product? Yes, we were very satisfied. We were initially disappointed that Buxton did not identify some of the retailers we really wanted. They were very good to explain why we weren't a fit for certain retailers (like Costco, for example). If the numbers won't work, Buxton won't "cook them" just to make it look good. This speaks to their credibility in my opinion. It was an important "reality check" for our elected and appointed leaders to learn that retail isn't just a lobbying effort. It's a market -based research effort plus a lobbying effort. Was it worth the money? We have landed 2 shopping centers with the assistance of the Buxton data and we are in the process of redeveloping another. One generates $55 million in annual sales, the other generates $96 million. The third involves a complete overhaul of our mall (www.kin_qsporttowncenter.com), where private investors are taking it from an appraised tax value of $33 million to $92 million. While all of it cannot be specifically attributed to Buxton, it was certainly an integral part of the success. So, yes it was worth the money. We have landed Target, Kohl's, Old Navy, Dress Barn, Lifeway, Shoe Carnival, Maurices, Michaels, Books -A- Million, ULTA, Dick's Sporting Goods, Best Buy, Tomy Thai, Batteries Plus, Ritz Camera, McAlister's, Hobby Lobby, Pier 1, Ross, TJMaxx, Petsmart, Chili's, Cootie Brown's, Salsarita's, Starbucks and Panera Bread. Did it require a lot of city staff time? If so, about how many hours? I wouldn't say it required a lot of time, but Buxton's timeline is controlled by the quickness of response from city officials. We opted to handle it at a staff level, i.e. there was not a retail committee or an elected body involved. 1 would say we invested maybe a week's worth of 1 staff person's time (mine). Probably the most difficult process was deciding the beginning point for the analysis. We were hypersensitive about favoritism among competing sites. After the analysis was complete, was it easy to set up appointments with the identified retailers /restaurateurs? I have found that it's never easy to set up appointments with retailers/restaurateurs. In my experience, it is more important to support the developer(s) who are working in your community. For example, General Growth (the leasing agent for our mall and one of the largest retail management companies in the world) can get an appointment when a B 24 io -,M .. OB C- 0 0 4)-;, U CommunitylD municipality cannot. The Buxton letter and data "greased the skids" for these meetings. GGP and I tag teamed the tenants. The tenant received individual letters from both GGP and 1. When they arrived, they said they had never heard of Kingsport, Tennessee and now they hear about it every time they turn around. That is the power of the Buxton data. "Top of mind" name recognition that opens doors for your developers to be successful. GGP is just one example. Were you satisfied with the team members that were assigned to your community? Yes, they were great. They were very patient and helpful. As I said, they really helped us with a reality check without making us feel dumb! Have you used SCOUT and is it easy to produce documents? Yes and yes. I have also used it for non - retail projects. For example, we are siting an aquatic facility and I used some of the demographics in that site selection process. Were there any other hidden fees? Not that 1 recall. We were pretty skeptical, so we scrutinized greatly. We were not disappointed. If you were to do it all over again, would you still contract with Buxton? Absolutely. /have been very pleased. Bwiioty ._,f n( Cwtomert 25 i)(1o041 CommunitylD South Bend, IN — Bill Schalliol, Economic Development Planner Did you go through an RFQ process? No. I met Buxton reps at the ICSC Spring Convention and my Mayor met Buxton reps at a regional ICSC event and we both were impressed with the services they offered and entered into a contract with Buxton through a professional services arrangement. Did you have any viable candidates other than Buxton? No. What we were shopping for at the time we crossed paths with Buxton was education about the retail recruitment and location process. Buxton, through their processes, helped us better understand who we were and what we could achieve. Did you face any opposition to hiring Buxton? If so, any advice on how to win them over? Several are very skeptical. They think we can do it in -house with the existing resources and that the demographic /psychographic information is readily available on the internet. Our local newspaper quoted some of our business leaders as saying, "We get three of us in a room, get some beer and pizza, and we could put together the same report that this Texas group is doing. How are a bunch of cowboys going to know what we need up here in South Bend ? ?" I can tell you from our specific experience, you can't do in -house what Buxton can do. The internet only will get you so far. And the key piece of information that the Buxton people give you that other services can't is the psychographic modeling component. Did Buxton deliver on the deliverables promised under your contract? Yes. We got everything promised and more. The data was fantastic and has been used again and again. We asked for an electronic copy of all the data and have put together data CD's for all of our real estate professionals and others that can use the data. Were there any "hidden" fees or surprises outside the contract with Buxton? We actually got more than we paid for. When we first started the process, we thought we were buying a product (and we did), but we also bought a relationship and so as we had questions we bounce questions off our reps. They have been great to work with. When you received your target information did the Buxton team give you any training or pointers on how to approach the target? That is the million dollar question. The answer is no and it is really no fault of Buxton's. As I have learned from the user community, everyone goes through the process for different reasons and uses the data for different purposes. We didn't really think through how we would use the data, so we struggled with things once we got our deliverables. But because Buxton has learned from communities like ours, they have created a very helpful user network to put communities in touch with other communities. If you sign with Buxton, people all over the country are using this data and can help guide you. Did you hire a fulltime recruiter or did you handle the target contact with in -house staff? In addition to doing retail development, I do property acquisition, demolition coordination, and many other things. Once we realized we had all of this great information and had no tools to use it, we got all of our real estate reps and developers together, gave them the data, had a Buxton rep in to explain the data, and they have been using the data to bring retail to South Bend. When you don't have time to do it yourself, find people that do the Burton zb oo0042 -4 CommunitylD job and use them, use them, use them If you hired someone, what qualifications did you look for? A real estate background with some knowledge of marketing or a marketer with knowledge of retail would have been helpful. 1 think every person you talk to about Buxton would have a different answer based upon the needs. If you did it in- house, what qualificationsitraining did the person have? In my case, we got very involved with ICSC (International Council of Shopping Centers) and tried to learn as much as possible about retail and how it works. Did any of the targets suggest new construction as an option? Several of the retailers have built new construction or have become tenants in new construction projects. How many interested targets did you have and of those how many ended up moving to your location? How many of those are still there? Our process for our retail list was a bit different. Our market is a pretty commercial heavy market and so we were looking for retailers that were here or looking to expand. We were also trying to find tenants for older commercial corridors or for other areas. We have had one true success off of our selected retailer list, but we have several that were on our original match list that we used the Buxton data to attract or support their decisions. The psychographic data was a good tool in those decisions. Of interested targets, what was their timeline for opening a location in your area? Texas Roadhouse, is open and is operating well above expectations. And with operating taxes, sales taxes and employee taxes that the restaurant pays, our study has paid for itself with just this one hit. If you had it to do all over again, would you do anything different? If so, please explain. Yes. We would have created a retail strategy and thought through the process a bit better. The advantage that new users to the Buxton process have is the experiences and successes/failures of those that have come before them. Get involved through the Buxton process and it will work well for your community. Bwaon m 27 mvM,a Cu- o 00 0-113 r " CommunitylD Rochelle, IL - Peggy Friday, Commercial /Retail Development Coordinator The value of the CommunitylD Study is being realized each time we ascertain a new development project in Rochelle. The psychographic and demographic facts have been well received by developers, brokers, retailers and entrepreneurs whose due diligence has brought them to our community. The addition of the SCOUT tool is consistent with the City's new technology brand and updated mission and vision statements. Your generosity will be felt each time the SCOUT is used to promote Rochelle and Buxton. We are pleased with the quality of your product and the superior level of customer service we have experienced. The professionalism of your staff is a direct reflection on the management team at Buxton. You continue to exceed our expectations. Clemson, SC - Andy Blondeau, Program Manager We're running out of places to put our new businesses... The Buxton marketing piece got us in the door. The site selector they sent to meet with us referenced the folder and said he was there as a result. Buuon ro — 28 are` cu— E1000414 r -4� Community /U Pinetop - Lakeside, AZ — Connie Boggs, Main - Street Executive Director Tell us your level of satisfaction or dissatisfaction with Buxton's report. Did Buxton deliver what they promised, on time and for the price you set with them? Our satisfaction with the Buxton CommunitylD report has been tremendous for Pinetop- Lakeside. We met with several of the retailers identified by the report at ICSC in Las Vegas. I was able to present them with their own individual study. Buxton delivered what they promised, on time and at the price we agreed on. They didn't just do a report for us they became involved in the community and they call us to find out what else they can help us with often. They just don't drop you after their work is complete. Would you use them again? If so, why? We will use Buxton again when it's time to update our report because of the initial work they did for us. We love working with their staff of professionals. Tell us your opinion on the success you have had, or not, in getting any recommended companies to locate to your area. After our meetings at ICSC I have followed up on the companies we met with. I am working on 2 big -boxes as we speak. Buxton has certainly opened the doors for us. Retailers recognize the Buxton name and realize our community is serious about retail if we took the time and money to have Buxton work for us. What role do you believe the Buxton data may have played in supporting your recruitment efforts? There is no better place than Buxton to get the best data out there. We depend on our second homeowners and data on this is not available or we could never have anyone else tell us where to find it except Buxton. When you present the Buxton report with the data available in your community to a retailer they listen. If you've been successful, or if your answer is no so far, do you know if other retailers are seriously considering your trade area because of this process? Buxton isn't the only answer to recruiting retail to your community. It is a tool. Your economic development team needs to be pro- active with the goals you have. In addition, to the Buxton report we just completed an economic development DVD along with community tip sheets that are also being sent to the retailers Buxton identified. It's an ongoing process. If I ever have any additional questions about a certain retailer not identified by Buxton I can call my representative and you can rest assured I will have a call from him before I hang up the telephone. The process is lengthy... meetings, telephone calls, emails. Some of the things they require are aerials (expensive unless you have a friend who has an airplane), site plans etc. I have no doubt that they will locate but it's not a 30 day turn around if that's what you are expecting. How aggressive have your local recruitment efforts been since receiving Buxton's report? What role did it play in the outcome? You don't let the Buxton report sit on a shelf and gather dust if you are serious about retail recruitment and our community is. Our Town Council is very pro- active and they increased my operating budget this year to give me the needed tools to do a better job. I am a one woman operation. I love what I do for our community. Bwuot y ID_fY. 29 q G.nomen (r0o0tl5 CommunitylD Duncanville, TX - Earle Jones, Director of Economic Development We have had a wonderful relationship with Buxton. Not only did they provide us with a Phase 1 & Phase 2 report in 2004, they have continued to work with us on various projects of importance to our overall City economy. We are a city of almost 38, 000 residents and are small, 11.2 square miles, contiguous to and surrounded on three sides by Dallas. We are what is known as a first tier suburb, in that we are closest of the southern suburban communities that ring Dallas. Our major development took place in the 60's, 70's and early 80's. Our growth stagnated, and we have revitalized the City in the last 5 years, with some innovative new developments. Our most recent project success involves a 150,000 square foot Costco Club Warehouse, and a mixed -use multifamily and retail project with over 100,000 square feet of retail and 216 units of high quality, gated multifamily rental units along a creek which is to be a dedicated City Park with water flow, fountains, landscaping and lighting. We believe that Buxton played a significant part in our success in getting these projects. Thus far we have a number of restaurant prospects, several banks and a fitness club who have been interested in this location. I would most certainly recommend Buxton and their services, for the reasons outlined above. Denton, TX - Linda Ratliff, Director of Community Development Get your money's worth? Yes. In addition to the CommunitylD product, we asked them to review an incentive request we received from a developer for a 50 acre power center. We had never given retail an incentive at that time. Buxton's help with that project saved us $750,000 in incentives and the project was built and produced almost $2M in City property and sales tax in 2006. Get any of the people on the list of 20 prospects to locate in Denton? We either got the retailer or one similar. For example, instead of a Circuit City, we got a Best Buy; instead of a Linens N Things, we got a Bed Bath & Beyond. The only one we have not yet gotten is a furniture store. We have a few furniture stores in town. We were hoping for a Haverty's or something similar. What was the most important thing(s) you got from the study? We learned a lot about retail recruitment. The information was helpful in putting together our marketing pieces to distribute at ICSC (International Conference of Shopping Centers). We also learned the types of retail Denton could expect to recruit. Would you use their services again? We have. We called on Buxton to update their data for four sites that we highlighted in our retail piece. They turned it around very quickly so that we could get our brochure printed in time for the annual ICSC trade show. They also let us display our brochures at their booth at ICSC. Btraon 30 Community/9 Cupertino, CA — Kelly Kline, Redevelopment/Economic Development Manager Is there an estimated or "ballpark" retail /commercial square footage number that can be attributed (totally or in part) to Buxton's services? Are there any specific retailers that have located in Cupertino or another jurisdiction you served that can be attributed (totally or in part) to Buxton's services? It's very hard to make those connections. Let me give you some feedback and examples that explain why. There are rarely immediate results in retail. Most respectable retailers are planning stores for 2 -3 years down the road in their development cycle. By the time you know for sure whether the eagle has landed, you, the City Manager, and the City Council may be gone! This money must be viewed as a long -term investment. • Sometimes deals go awry based on market conditions. We were very close to landing Borders in Downtown San Jose (thanks to Buxton's efforts) and then the bottom fell out of the bookstore industry. They put a halt to all deals they had been pursuing, and now may not even last as a company. • The Buxton match list can give you leverage with a developer who is claiming that there is no interest, or different interest than what actually exists. 1 recently used my match list to retain an existing shoe store. Their sales had been down, and they were ready to abandon our city. I showed them that several of their competitors were on our match list, and that there is significant leakage in this category. This data made them decide to give us a second shot. They are now going to increase their marketing efforts and store presence before they make any decisions about the future of the store. Bottom line — there are definitely a few total and partial success stories. But, more importantly, I can say that the list has opened doors previously closed tight, has extended conversations with retailers who had previously been 'lukewarm ", and has provide value to me in so many ways that I can't keep count. Buxton is my partner in retail recruitment. This needs to be viewed as a holistic and powerful tool for your program. It will take years for your program to be successful and to have the tangible success that your decision makers are looking for. This will be an excellent first step. If I were you I would try to steer them away from trying view success as a one -store opening — it's a dangerous road to go down! In some ways, making this expenditure is a stake in the ground — a commitment from the city that they value retail, and that they are serious about their recruitment efforts. A relationship with Buxton sends a very strong message to the retail community. Bu72,con 31 F :3:1 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. ,liO0048 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 (f0001e,9 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. 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. ()00 501L 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. s�01M� 5,2 ATTACHMENT B RESOLUTION NO. 2009 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING $40,000 FROM THE MRA OPERATING FUND (2902) TO FUND CONSULTING SERVICES WITH BUXTON COMPANY FOR PREPARATION OF A RETAIL ECONOMIC DEVELOPMENT STRATEGY WHEREAS, on July 2, 2008, the Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2008/2009; and WHEREAS, the Redevelopment Agency of the City of Moorpark desires to fund Consulting Services in the amount of $60,000 with Buxton Company for a Retail Development Economic Strategy; and WHEREAS, the Redevelopment Agency Board of Directors now wishes to amend the adopted budget to reflect the cost to fund Consulting Services in the amount of $40,000 from the MRA Operating Fund; and WHEREAS, the remaining contract amount will be budgeted into the 2009/10 fiscal year budget. 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 $40,000 from the MRA Operating Fund, for funding Consulting Services with Buxton Company, 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. PASSED AND ADOPTED this 20th day of May, 2009. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" — Budget Amendment Detail O� )OS3 EXHIBIT A BUDGET AMENDMENT FOR MRA OPERATING FUND TO FUND CONSULTING SERVICES WITH BUXTON COMPANY FOR PREPARATION OF A RETAIL ECONOMIC DEVELOPMENT STRATEGY FY 2008/09 FUND ALLOCATION FROM: Fund Account Number Amount MRA Area 1 Operations Fund 2902 -5500 $ 40,000.00 $ 40,000.00 $ 78,500.00 Total $ 40,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2902 - 2410 - 0000 -9102 $ 38,500.00 $ 40,000.00 $ 78,500.00 Total $ 38,500.00 1 $ 40,000.00 $ 78,500.00 Finance Approval: �. 00054 CITY OF MOORPARK, CALIFORN;4, Redevelopment Agency Meeting of _ ACTION: . rrEM 5.8 . MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors L iM From: David C. Moe II, Redevelopment Manager Date: May 6, 2009 (Agency Meeting of 5/20/09) Subject: Consider Thirty-Six. Month Performance Review of the High Street Arts Center BACKGROUND In 2005, the Redevelopment Agency of the City of Moorpark ( "Agency ") was approached by Lawrence Janss with an offer to sell his theater building, located at 45 High Street, to the Agency for $1,500,000.00. The Agency Board appointed an Ad Hoc Committee ( Councilmember Mikos and former Councilmember Harper) to review and make recommendations on whether the Agency should acquire the Theater on High Street. With the expressed belief that an active, professionally operated performing arts center could, in time, attract and sustain regular local and regional patrons (as well as local and regional artists), renew Moorpark residents' interest in visiting High Street after dark and, hopefully, make an important contribution toward achieving the Agency's goal to revitalize High Street, the Ad Hoc Committee recommended that the Agency purchase the theater. Based on this recommendation, the Agency Board approved the purchase of the theater for $1,250,000.00 and subsequently renamed it the High Street Arts Center ( "HSAC "). Staff and the Ad Hoc Committee began to interview several theater management companies to increase the activities conducted at the HSAC to a professional level. Under the initial theater management model, the selected theater management company would lease the HSAC from the Agency for $1 per year and be responsible for operating the HSAC, both administratively and financially. However, none of those interviewed that fit the entrepreneurial model were willing to accept the Agency's terms, stating the model wouldn't work without an Agency contribution. The search for an operating entity for the HSAC shifted from an entrepreneurial theater management company to a general manager model under the supervision of Agency staff. Six candidates were interviewed. After each interview, candidates were asked to develop a draft theater season and budget detailing the expenses and revenue based off the operating expenses submitted by Mr. Janss. Three of the six candidates submitted the requested information. Staff and the Ad Hoc Committee reviewed the 000055 Honorable Agency Board of Directors May 20, 2009 Page 2 information and made a recommendation to the Agency Board to hire L.J. Stevens as an independent contractor to serve as the general manager of the theater. DISCUSSION On April 26, 2006 the Agency Board approved the retention of L.J. Stevens as the independent contractor to manage the HSAC and produce a theater season. As described in the April 26, 2006 staff report, the Agency would fund the HSAC's building maintenance, property maintenance, capital improvements, and cost of the contract for the independent contractor. It was estimated that the cost directly associated with the theater season would be offset by the revenue generated by the theater's activities. The staff report also noted that the HSAC required financial support from the Agency of an average of $100,000.00 per year, for a period of three years for facility operations and management ( "Operations "). First Season During the first theater season, the HSAC produced four shows, co- sponsored one show with the Simi Valley Cultural Arts Center, and attracted 5,658 (5,159 paid and 499 complimentary) theater goers to downtown Moorpark. Unfortunately, the Agency's annual contribution was greater than the estimated $100,000.00. In year one, the expenses totaled $216,820.07. The revenue received in year one totaled $86,982.00, which resulted in an Agency contribution of $129,838.07. In addition, $114,104.00 in capital improvements was approved by the Agency Board to bring the HSAC to the functional level to adequately support performances. Second Season During the second theater season, the HSAC produced five shows including the higher cost musical production "Bye Bye Birdie ". The attendance for the second year increased to 6,357 (5,565 paid and 792 complimentary), which represents a 12% increase from year one. The HSAC also began sponsoring a monthly melodrama radio show called The High Street Broadcast. In an effort to introduce the community to the HSAC, there has been no charge for admission to these "Broadcast" shows. Attendance for the radio show averages 160 people for each performance. The attendance of the High Street Broadcast is not included in the attendance total above. The cost to produce the radio show is $725.00 per month. Of this cost the HSAC pays $400.00 and volunteers either pay or contribute in -kind, approximately $325.00. The 07/08 budgeted expense for the HSAC was $295,550.00. The HSAC expenses for year two totaled $236,269.67. Staff delayed capital improvements, property improvements, and made due with existing resources in an effort to reduce the total expenses for the HSAC, which resulted in expenses totaling $59,280.33 or 20% less Irs.)0 9 "6 Honorable Agency Board of Directors May 20, 2009 Page 3 than the budgeted amount. The revenue received in year two was slightly lower than year one totaling $85,969.00. A significant contributor to lower rental revenue was the absence of a large rental in year two. In year one, The V.C. Sullivan & Gilbert Repertoire Company leased the HSAC from 11/10/06 to 11/26/06. This rental generated $6,700.00 in rental revenue and represented the longest rental contract during the first three years of operation. Other contributing factors were the introduction of two for one tickets and half price online ticket purchases. The budgeted Agency contribution for the second season was $204,550.00. The actual Agency contribution for this year totaled $150,300.67, which is $54,249.33 or 27% less than the budgeted amount, but 16% above year one. On February 20, 2008, the Redevelopment Agency Board reviewed the first 18 months of the HSAC performance and directed staff to continue financial support for the HSAC to honor the previously approved three -year commitment to the present operating model through June 30, 2009, including the currently approved funding in the 2007 -2008 adopted agency operating budget, with another review in June 2008, as part of the 2008 -2009 budget adoption. The Agency Board directed staff to evaluate the practical feasibility, including the staffing and fiscal impacts of potential near term or long term modifications to the HSAC's operating plans and procedures as outlined in the agenda report (Item 5.A.), and as contained in former Agency Chair Hunter's "Concept Plan." After further discussion, the Board's direction was amended to include the formation of the High Street Arts Center Ad Hoc Committee (Councilmember Mikos and Councilmember Van Dam) to meet and make recommendations for changes prior to returning to the Board for further discussion in May 2008. Staff and the High Street Arts Center Ad Hoc Committee reviewed the High Street Arts Center (HSAC) Operational Model and met with the Center's General Manager. In addition staff and a committee member met with a representative from the High Street Theater Foundation. On May 7, 2008, the committee presented its recommendations to the Agency Board that certain changes be implemented in the 2008/09 theater season focusing on feasible modifications designed to increase revenue and further increase community participation and use (rentals) of the HSAC. The Agency Board's final directives based on the Ad Hoc Committee's recommendations, and the actions taken to date by staff are as follows: DIRECTION: Require professional service agreements for all individuals receiving any compensation for services provided to the HSAC. ACTION: All individuals receiving compensation have a contract with the Agency and all volunteers sign City of Moorpark Volunteer Informed Consent and Release forms. Honorable Agency Board of Directors May 20, 2009 Page 4 DIRECTION: Implement new accounting controls to more accurately identify what program or ticket offer brought that person to the HSAC. For example, two for one tickets could be counted as two half priced tickets instead of one paid ticket and one complementary ticket. ACTION: Two for one tickets are now counted as two half priced tickets instead of one paid ticket and one complementary ticket. DIRECTION: Expand the notification process for volunteer opportunities and auditions. ACTION: Sign up opportunities for volunteers are now advertised on the HSAC website, at the active adult center, and in the lobby of the theater. Audition notices available through website, publication listings in Happenings Magazine, Acorn, and Backstage West, as well as audience announcements at each show. DIRECTION: Make contact with local businesses, community organizations, Home Owner Associations (HOAs), churches, service clubs, and other local groups to promote ticket sale programs. ACTION: Staff has frequently contacted local HOAs and schools; reached out to local businesses through Moorpark Chamber of Commerce meetings and events; as well as marketing to previous group bookings from churches, Red Hat groups, senior facility groups, and other community groups. The largest group sale included 99 people from Leisure Village on March 1, 2009. This group now attends most HSAC productions and learned of the theater season from direct contact of their HOA by staff. The HSAC theater season is now published in the Leisure Village HOA's newsletter. DIRECTION: Reorganize the 2008/09 theater season to allow three different opportunities for outside groups to rent the HSAC for a production run ranging from four to seven weeks. ACTION: The production calendar was altered to allow for greater rental availability; however, regional theater and community organizations did not take full advantage of the available rentable time (see Exhibit A). As of March 6, 2009, the HSAC has executed rental contracts with Vanessa Townsell ($820.00), Pam Rossi ($695.00), Noontime Rotary ($890.00), and Boys & Girls Club /HSTF ($1,280.00). Staff is also preparing a rental contract for the Miss Moorpark Scholarship Pageant as a result of direct community outreach. Attendance for the rentals were as follows: Vanessa Townsell's Singing Recital - 198 (head count from balcony) Pam Rossi's (2 performances) Nutcracker Dance Performance - 388 (actual tickets) ( 01)i.)c Honorable Agency Board of Directors May 20, 2009 Page 5 Noontime Rotary of Camarillo's Magic Show- 270 (sold out show) Boys & Girls Club /HSTF's Cinderella - 135 (head count) DIRECTION: Expand the opportunities for youth participation at the HSAC. ACTION: A Summer Youth Theater Arts Program and concluding musical production was co- produced with Gypsy Productions of Agoura Hills. Attendance at the concluding performances of "Beauty and the Beast" during the weekend of July 24 -26, topped the HSAC attendance (averaged 223 people per performance) and concession sales record (averaged $429.00 per performance). Due to the success of this program, staff is currently hoping to expand participation for Moorpark youngsters by splitting the program and providing one segment for younger children and a second workshop designed for older children (teens). Currently most of the rehearsals for the program are held in Agoura Hills. Technical and dress rehearsals this season were held at the HSAC. Staff would like to offer rehearsal space at the City's Community Center (Apricot Room) in the future for the younger children to further encourage Moorpark youth to participate. In addition, staff is exploring other children theater programs in an effort to introduce Moorpark's youth to the HSAC and build further community involvement. The High Street Theater Foundation and Moorpark Boys and Girls Club rented the HSAC to conduct a youth theater workshop on March 20 and 21, 2009. The workshop included 18 children that presented the play "Cinderella ". Attendance for the performance was approximately 135 people. DIRECTION: Incorporate a melodrama into the 2008/09 theater season. ACTION: A melodrama called "The Plight Before Christmas" was incorporated into the third season as a special holiday melodrama. In addition to regular promotions and group sales outreach, notices were sent to all individuals who contacted the City Council requesting the revival of the melodrama format. Unfortunately, the total attendance (1,328) was only about 6% above of the attendance for the prior year's Christmas production of "Marley's Ghost." (1,254). DIRECTION: Promote the HSAC for other rental uses, such as business presentations /meetings to generate additional revenue. ACTION: Several non - theater venues were held at the HSAC. The majority of the events were free movie events sponsored by the City of Moorpark or staff training classes sponsored by the City of Moorpark. The events didn't bring revenue to the HSAC, but they did provide the theater with exposure to the community and surrounding area. Other activities that have taken place or planned at the HSAC are: Honorable Agency Board of Directors May 20, 2009 Page 6 • 25th Anniversary Movies: 1. "Mr. Mom" (17 people attended) — 6/21/08 2. "Never say Never Again" (25 people attended) — 6/19/08 3. "Casino Royale" (18 people attended) — 6/19/08 4. "A Christmas Story" (68 people attended) — 12/14/08 • Moorpark Arts Festival (768 people attended throughout the festival) — 4/26/09 • Moorpark College Student Film Festival (185 people attended) — 5/6/09 • City sponsored Employment Relations Consortium Training Event (175 people attended) — 11/5/08 • Country Days (lobby open; no performances) — 10/4/08 • Poetry Out Loud with Ventura County Arts Council (193 people attended) — 10/22/08 • Overlord Movie Screening (58 people attended) — 6/2/08 • Robert Wagner Book Signing (200 people attended) — 2/1/09 • Ken Jennings Book Singing (270 people attended) — 3/19/08 • Friends of the Library — Circus Fever (102 people attended) — 3/22/09 • Candidate Forum (90 people attended) — 4/22/09 • Teen Battle of the Bands (Planned for 6/20/09) Staff will explore additional musical competitions and continue outreach to the community and schools. Staff will offer the HSAC to local nonprofit organizations for fund raising events. For example, a local nonprofit organization could purchase a block of tickets to a performance at a reduced rate and the nonprofit would sell them at a higher value and keep the difference for their use. Staff will also have a promotional event taking place at the HSAC during Country Days targeting kids and families. DIRECTION: Eliminate the $2,500.00 deposit requirement and replace it with a requirement of 50% of the rental fee paid in advance to reserve the desired time period and the remaining amount due prior to the start of the rental. Require full payment within 30 days of rental commitment for rental in excess of a two week period. Any cancellation forfeits the deposit. ACTION The rental deposit was changed to 50% of the rental fee for the third season. DIRECTION: Expand rental opportunities for the community to lease rehearsal space in 33 High Street at a rate significantly lower than rates at the HSAC. ACTION: Space at 33 High Street was utilized by the summer youth theater arts workshop for rehearsals and was very helpful because of the large number of children that participated in the concluding production. Continued use of 33 High Honorable Agency Board of Directors May 20, 2009 Page 7 Street for Arts Center rehearsals as well as for other support including costume and scenery storage and scene shop is no longer permissible since the revised building code for multiple -story structures would prohibit these uses without costly major building modifications. DIRECTION: Make adjustments to concession prices and initiate beer and wine sales by start of third season. ACTION: The price of popcorn was increased from $1 to $2. As the Board is aware, the Agency is prohibited by law from having a liquor license. Staff made contact with the owners of the new Jekell and Hyde restaurant to discuss partnering with them for a beer and wine concession at the HSAC. Unfortunately, the restaurant was very slow to open for business. Staff also contacted Romio's Pizza to discuss a concession arrangement however, Romio's Pizza went out of business soon after these discussions were initiated. Staff again approached the owners of the Jekell and Hyde Restaurant now that the business is open and operating. Discussions for a one -time arrangement for the final production of the season are in progress. Staff believes that the newly established Moorpark Foundation for the Arts can secure a license and operate the beer and wine concession so that all of the net proceeds can go to the Foundation's fundraising efforts. DIRECTION: Continue the process of forming a foundation for the HSAC. ACTION: The Foundation was established with its registration with the State of California on June 26, 2008. Foundation Bylaws have been drafted and adopted by the City Council. Initial board member recruitment for the Foundation is in progress. Applications are due by May 22. Staff believes the Foundation will have the capacity to play an important role in reducing the Agency's annual contribution to the HSAC. Staff anticipates the Foundation could contribute $5,000.00 in the fourth theater season and $7,500.00 in the fifth season. Third Season The HSAC is currently in its third theater season. The HSAC has produced four out of the five planned shows. As of March 9, 2009, the attendance for the theater season is 4,386 (4,023 paid and 363 complimentary). This total does not include an audience of 934 for the youth workshop. It is estimated that the fifth show of the season, The Complete History of America, Abridged will have a similar attendance of the Complete Works of William Shakespeare — Abridged, which totaled 1,305 theater goers. Combining the fifth show estimate with current attendance numbers, staff estimates the third year attendance to be 5,691 (5,237 paid and 454 complimentary). This attendance estimate represents a 10% decrease in attendance from year two. Staff believes the drop to the attendance is a result of the shows selected for the theater season as well Honorable Agency Board of Directors May 20, 2009 Page 8 as the current economy. For example, the attendance for the Fantasticks, which was a musical, totaled 1,151 paid and 98 complimentary tickets. Other musical shows such as Barnum in year one (1,431 paid and 173 complimentary tickets) and Bye, Bye, Birdie in year two (1,812 paid and 215 complimentary tickets) had significantly more ticket sales. The monthly High Street Broadcast was continued as a free event in the third season. The average audience for each show is now about 139, which is a slight decrease from the second year attendance average of approximately 160. The attendance numbers were not counted in the total attendance for the second and third season to provide a more accurate comparison of attendance growth. Staff believes the High Street Broadcast, as a free promotional event, has accomplished its promotional objective and should become either a paid or sponsored event to avoid a door charge. The $4,000 formally spent on the High Street Broadcast will now be used to create a new free promotional event for the HSAC effective July 1, 2009. A corporate sponsor or sponsors will be sought to cover the annual $4000.00 to continue the High Street Broadcast as a free event. Current Expenses The estimated HSAC expenses for year three are $220,121.00. This amount is $10,699.00 under the budgeted amount and less than the expenses in year two. The revenue budgeted for this year is $94,750. The anticipated revenue for year three is $78,231.50 as attendance is down for the theater season and rental revenue did not materialize even though large rental periods in the scheduling calendar were created. This amount is lower than the budgeted amount and lower than the revenue received in year two by $7,737.50 or 9 %. It is estimated that the final Agency contribution for the 2008 -2009 fiscal year will be $141,889.50. Below is a chart comparing the current expenses with the previous two years: Revenue and Expense Summary: Hiah Street Arts Center Year Production Operating Total Production, Net Agency Expenses Expenses Expenses Rental & Contribution Concession Revenue 1 $125,784 $ 91,036 $216,820 $86,982 $129,838 2 $133,321 $102,949 $236,270 $85,969 $150,301 3* $123,121 $ 97,000 $220,121 $78,231 $141,890 * Estimated Numbers 00111) 62 Honorable Agency Board of Directors May 20, 2009 Page 9 Attendance Attendance for the HSAC increased from the first to second year by 12 %. The attendance for year three is estimated to be lower than the attendance in year two by 10 %. The attendance for the youth workshop (934 people) is not included in the season total to more accurately compare the prior two seasons. Comparing year three to year one, the attendance for the HSAC increased by less than 1%. The table below shows the break of the ticket sales for the three year period: Year Paid Tickets Complimentary Tickets Total Tickets 1 5,159 499 5,658 2 5,565 792 6,357 3 5,237 454 5,691 estimated Exhibit B is a complete list of all the regular season performances and details the attendance and revenue on a per show basis. The chart below illustrates the growth in attendance: Attendance 7000 6000 _ 5000 i �- Complimentary Tickets 4000 - - -. - Paid Tickets 3000 I 2000 Total Tickets 1000 ---- _.- . 0 Year The expenses for the HSAC increased from year one to year two by 9 %. The expenses for year three are estimated to be 7% lower than year two, but higher than year one by 1.5 %. Staff estimates the HSAC can continue to be operated with an annual budget between $235,000.00 and $245,000.00 for the next two years. Revenue for the HSAC has decreased from year to year. Revenue for year one was $86,982.00. Revenue received for year two was $85,969.00, which is $1,013.00 or 1% ('40 D 63 Honorable Agency Board of Directors May 20, 2009 Page 10 less than year one. Revenue for year three is estimated to be $78,231.50, which is $8,750.50 or 10% less than year one and $7,737.50 or 9% less than year two. The HSAC's revenue has been declining for a variety of reasons. The most notable reason is most likely the current economic situation. Businesses, including other theater venues throughout Ventura County are feeling the pinch as consumers scale back spending and shopping down (shopping at discount stores instead of higher end retailers). The cost to attend a show at the HSAC is not the least expensive form of entertainment in Moorpark. An adult couple attending a show at the HSAC will spend $30 just for admission. The same couple could also be entertained by renting a video from Blockbuster for $5.35 or visiting the Moorpark Cinema 3 for $19.00 ($13.50 for a matinee). This puts the HSAC at a disadvantage when looking to expand revenue by increasing attendance numbers. In July 2008, the Agency cosponsored the summer youth theater arts workshop with Gypsy Productions, which actually reduced the revenue for the HSAC. The attendance for the youth workshop's concluding production was 934, which is not being counted in the attendance numbers for year three. The Agency's share of the gross revenue was $2,708.40 and the Agency's portion of the expenses was $1,697.41 making the Agency's net income including concession sales for the production $1,010.99, which is $1,144.01 less than the amount the Agency has received for the prior year's rental arrangement with Gypsy Productions. However, in addition to the shared revenue, the Agency received five free scholarships for Moorpark children valued at $3,625 ($725 each). A reason we are experiencing a decrease in revenue is the increase in the usage of discount offers by value- minded patrons. Many more groups are taking advantage of group discount pricing. The current group discount rate is $10 per person for the first 10 tickets purchased, with the 11th ticket free. Group activity has increased with each season. The number of groups taking advantage of the group discount pricing in season one was 27, and in season two was 36. The number of groups in season three is 46, which does not include groups for the upcoming performance which runs until June 14, 2009. Also, "two for one" discount coupons have been actively offered in Money Mailer Coupons and Welcome to the Neighborhood Discount Magazine, beginning mid season two, and continuing through season three. In these tough economic times many bargain seekers utilize these kinds of coupons to subsidize desired entertainment activities. Continuing the Agency Contribution The annual Agency contribution is anticipated to increase over the next two years of operation as revenues are predicted to be flat and expenses are expected to increase. Continuing HSAC operation beyond year three, staff estimates that the annual Agency (,,- 01)1)C_ Honorable Agency Board of Directors May 20, 2009 Page 11 contribution will increase to $145,000.00 for year four and $150,000.00 for year five primarily because of the increased utility usage of the HSAC for non revenue producing events and higher utility rates. The chart below illustrates the expenses, Agency contribution, and revenue generated over the first three years of operation: $250.000 $200,000 $150,000 $100.000 $50.000 $0 Year Expenses /C ontribution/R even ue -�Revenue a Contribution . :Expenses— With no production budget adjustments in the currently proposed budget for the Arts Center for an anticipated 4th season staff is considering the following works: • "The Goodbye Girl" (the musical) • "The Miracle Worker" • "The Best Christmas Pageant Ever" (a melodrama) • "The Odd Couple" • "Driving Miss Daisy" The Arts Center 2009 -2010 schedule will continue to include large blocks of time to provide opportunities for other theater groups to rent the HSAC to produce plays. Staff will continue to contact local and area theatrical companies to encourage them to rent the HSAC more frequently and discuss the possibility of regular annual performances. A draft 2009/10 calendar is attached as Exhibit C. Staff will also continue to explore opportunities to provide concert entertainment in cooperation with local and visiting artists provided the necessary funds can be made available. Marketing Expansion It should be noted that when the theater began its first season, management was faced with the challenge of creating a marketing strategy and public relations list with no outside input and little funds. The initial list of press and internet marketing contacts has been expanded each year. Elements of the marketing program included: 1,0011 ris Honorable Agency Board of Directors May 20, 2009 Page 12 • Paid advertisements such as The Acorn (ads appear in Moorpark, Camarillo, Simi Valley and Thousand Oaks editions), Happenings Magazine, Welcome to the Neighborhood Magazine, and Money Mailer. Ads in the Valley Scene Magazine Conejo Calendar Magazine, and the Ventura County Star were dropped due to a decrease in advertising budget for season three. • Internet calendars and free listings on events sites such as Your News, Yahoo Events, VC Reporter, Calendar Live, Moorpark Chamber Events Calendar, LA.COM, Zipper Arts Calendar, and LA Splash. • City of Moorpark listings in Waste Management Inserts, Channel 10, Recreation Guides, and Electronic Boards (for two weeks). • On air appearances on CNN Headline News Local Edition with Bella Shaw. • Press Releases emailed or faxed to all local papers, as well as TV Community Boards for Simi Valley and Conejo. • Email blasts and updates sent to 2000 email addresses. • Postcards mailed to 1500 patrons. • Postcards left at local businesses and areas where the public can pick these up. • High quality posters in theater poster boxes, as well as marquee announcements. • Continued efforts to book and accommodate local reviewers for performances to appear in local papers. • Continue cross marketing with other local theaters Staff will expand the marketing program, budget permitting, by: Rotating advertisements in area bargain periodicals to expand into the west San Fernando Valley and west Ventura County markets Continue pursuing HOA ticket promotion opportunities Increasing partnership opportunities with Moorpark College for mutual promotion of student orientated events and involving youth In the past, staff has received comments to create a more diversified selection of programming. This can be accomplished without increasing the HSAC's budget by reducing the number of shows in the fourth theater season from 5 to 4. For example, the cost to produce one show is $15,000.00; realizing the cost ranges greatly from show to show. Revenue expected to be received from this show is $12,000; again, ranges greatly. Instead of producing this show, staff could take the net $3,000.00 and use the money for untested, but diversified programming without increasing the HSAC's budget. Potential options include a variety of musical performances. In conclusion, the Agency acquired the Arts Center in order to create a venue for live performing arts that could contribute to the synergy necessary to achieve the City's desired revitalization objectives for High Street. The US Conference of Mayors has made the arts one of the 10 points in its new plan for building a strong America. Number (1., 000.C6 Honorable Agency Board of Directors May 20, 2009 Page 13 9 on that plan is the Arts. In their study it has been shown that governments that support the arts on an average see a return on investment of over $7 in taxes for every $1 that the government appropriates. The original goals for the project and later Board direction, while seeking to avoid or reduce a public contribution, placed much emphasis on increasing participation and rental use of the Arts Center. In reviewing the goals, staff believes they are being achieved, but not at prior expectations and that, with time and with the support of the Moorpark Community Foundation for the Arts, they can be fully achieved. The HSAC continues to attract local and regional patrons, has renewed Moorpark residents' interest in visiting High Street after dark, and has made an important contribution to the Agency's goal to revitalize High Street. With the addition of the new post office, a farmer's market, new restaurant activity, plans for retail and commercial projects in the downtown area, and the Civic Center Campus Master Plan, staff believes the HSAC continues to be part of the overall economic development strategy. FISCAL IMPACT Operating the HSAC will continue to require financial assistance from the Agency. The annual amount of assistance is estimated between $145,000.00 and $150,000.00. This amount could be reduced by contributions from the newly formed Moorpark Arts Foundation and by reducing the number of shows produced at the HSAC. Summary of Goals 1. Explore other children theater programs in an effort to introduce Moorpark's youth to the HSAC and build further community involvement. 2. Explore additional musical competitions and continue outreach to the community and schools. 3. Offer the HSAC to local nonprofit organizations for fund raising events. 4. Have a promotional event taking place at the HSAC during Country Days targeting kids and families. 5. Initiate beer and wine sales immediately. 6. Assist the Foundation to raise funds to contribute $5,000.00 in the fourth theater season and $7,500.00 in the fifth season. 7. Create a new free promotional event (or series of events) for the HSAC. 8. Seek corporate sponsor or sponsors to continue the High Street Broadcast as a free event. 9. Produce a summer youth workshop in year five for Moorpark children. 10. Continue to include large blocks of time to provide opportunities for other theater groups to rent the HSAC to produce plays. 11. Rotate advertisements in area bargain periodicals to expand into the west San Fernando Valley and west Ventura County markets. 000'v+°i i Honorable Agency Board of Directors May 20, 2009 Page 14 12. Continue pursuing HOA ticket promotion opportunities. 13. Increasing partnership opportunities with Moorpark College for mutual of student orientated events and involving youth. 14. Reduce the number of shows from 5 to 4 and use the money tc programming. STAFF RECOMMENDATION promotion diversify Direct staff to continue operating the HSAC for an additional two years consistent with the goals identified in this report. Exhibit A: 2008/09 HSAC Calendar Exhibit B: HSAC Attendance Exhibit C 2009/10 HSAC Proposed Calendar ( ?() ()�)E-i8 EXHIP>IT A HIGH STREET ARTS CENTER 2008 -2009 Rental/RehearoallPer-Formance Schedule - 200812009 BATTLE OF THE BANDS/ Moorpark Parks & Recs (Free) 6/19/09 6/20/09 5 M T W TH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 19 20 21 22 23 24 25 2 27 28 29 30 31 5 M T WTH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 M T WTH F 5 E 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 M T W TH F_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23,3C 31 5 M T W TH F 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2dE 28 2-r- 30 5 M T WTH F S 7 9 10 11 12'1,314, ' 16 17 18 19 O 21 22 23 24 25 2 724 5 M T WTH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2725 2336 31 5 M T W T--? F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 26 27 28 29 30 5 M T WTH F S 1 2 3 4 5 6 �8 9 10 11 12 14 15 16 17 18 19 26 21 22 23� 26 2 2029,3031 5 M T WTH F L6�i 5 12 13 15 16 17 18 19 22 23 24 25 26 27 293031 5 M T WTH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 26 27 2,32930 START END PRODUCTION /EVENT NAME DATE DATE BEAUTY AND THE BEAST Children's Workshop Shows: 7/24 7/26 14/081 L 7/26/08 Summer - — MOORPARK 25TH ANNIVERSARY (Free Event) 7/19/08 Bond Movies /Xmas Movie 12/14/08 THE FANTASTICKS 7/28/08 9/8/08 Performances: 8/8 - 9/14 BELL BOOK & CANDLE 10/6/08 11/21/08 Performances: 10/17 - 11/16 WICKED LIT (Free Event) 11;2108 - Educational Play Reading CITY OF MOORPARK (Free Event) 11/5/08 i H.R. Seminar j THE PLIGHT BEFORE XMAS r I 11/22/08 1/5/09 Performances: 12/5 - 12121 to l) 12/7/08 - - - - - -- ) 12/13/08 - _ = 1/26/09 3/11/09 3/r 14 - 3/20/09 3/21/09 MOORPARK LIBRARY (Free Event) 2/7/09 Book Signings: Robert Wagner & Circus Fever 3/30/09 CANDIDATES FORUM (Free Event) 4/21/09 MOORPARK ARTS FESTIVAL (Free Event) 4/26/09 COMPLETE HISTORY OF AMERICA 5!5/09 6118/09 Performances: 5/15 - 6/14. �_I HIGH STREET BROADCAST (Free Event) No Performance in August, November or April MOORPARK COLLEGE (Free Event) 5/6!09 - Student Film Festival 5/6/09 BATTLE OF THE BANDS/ Moorpark Parks & Recs (Free) 6/19/09 6/20/09 5 M T W TH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 19 20 21 22 23 24 25 2 27 28 29 30 31 5 M T WTH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 M T WTH F 5 E 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 M T W TH F_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23,3C 31 5 M T W TH F 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2dE 28 2-r- 30 5 M T WTH F S 7 9 10 11 12'1,314, ' 16 17 18 19 O 21 22 23 24 25 2 724 5 M T WTH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2725 2336 31 5 M T W T--? F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 26 27 28 29 30 5 M T WTH F S 1 2 3 4 5 6 �8 9 10 11 12 14 15 16 17 18 19 26 21 22 23� 26 2 2029,3031 5 M T WTH F L6�i 5 12 13 15 16 17 18 19 22 23 24 25 26 27 293031 5 M T WTH F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 26 27 2,32930 EXHIBIT B High Street Arts Center 06107 Season - Attendance % of Seats Paid Tickets Comp Tickets Box Office Concessions fi[!pd BARNUM September 22, 2006 82 30 $ 962.00 $ 202.00 0.41 September 23, 2006 45 9 $ 625.00 $ 71.00 0.20 September 24, 2006 57 1 $ 696.00 $ 127.00 0.21 Weekend Subtotals: 184 40 $ 2,283.00 $ 400.00 $ 1,377.00 September 29, 2006 54 5 $ 708.00 $ 77.00 0.22 September 30, 2006 38 1 $ 485.00 $ 95.00 0.14 October 1, 2006 62 11 $ 746.00 $ 172.00 0.27 Weekend Subtotals: 154 17 $ 1,939.00 $ 344.00 December 22, 2006 October 6, 2006 43 7 $ 822.00 $ 98.00 0.19 October 7, 2006 110 22 $ 1,127.00 $ 259.00 0.49 October 8, 2006 64 9 $ 790.00 $ 136.00 0.27 Weekend Subtotals: 217 38 $ 2,739.00 $ 493.00 October 13, 2006 71 0 $ 726.00 $ 105.00 0.26 October 14, 2006 108 10 $ 1,310.00 $ 152.00 0.44 October 15, 2006 128 14 $ 1,514.00 $ 191.00 0.53 Weekend Subtotals: 307 24 $ 3,550.00 $ 448.00 October 20, 2006 47 2 $ 645.00 $ 111.00 0.18 October 21, 2006 109 13 $ 1,357.00 $ 213.00 0.45 October 22, 2006 103 13 $ 1,297.00 $ 202.00 0.43 Weekend Subtotals: 259 28 $ 3,299.00 $ 526.00 October 27, 2006 64 5 $ 844.00 $ 119.00 0.26 October 28, 2006 129 9 $ 1,559.00 $ 226.00 0.51 October 29, 2006 117 12 $ 1,426.00 $ 190.00 0.48 Weekend Subtotals: 310 26 $ 3,829.00 $ 535.00 Run Total: 1,431 173 $ 17,639.00 $ 2,746.00 A CHRISTMAS CAROL December 8, 2006 86 10 $ 1,554.00 $ 160.00 0.36 December 9, 2006 34 0 $ 584.00 $ 86.00 0.13 December 10, 2006 75 0 $ 1,314.00 $ 80.00 0.28 Weekend Subtotals: 195 10 $ 3,452.00 $ 326.00 December 15, 2006 70 9 $ 1,377.00 $ 130.00 0.29 December 16, 2006 68 5 $ 1,242.00 $ 110.00 0.27 December 17, 2006 129 9 $ 2,128.00 $ 150.00 0.51 Weekend Subtotals: 267 23 $ 4,747.00 $ 390.00 December 21, 2006 138 14 $ 2,374.00 $ 209.00 0.56 December 22, 2006 127 23 $ 2,244.00 $ 191.00 0.56 December 23, 2006 - 2 p.m. 97 2 $ 1,670.00 $ 110.00 0.37 December 23, 2006 - 8 p.m. 99 14 $ 1,731.00 $ 206.00 0.42 Weekend Subtotals: 461 53 $ 8,019.00 $ 716.00 Run Total: 923 86 $ 16,218.00 $ 1,432.00 COMPLETE WORKS OF WILLIAM SHAKESPEARE - ABRIDGED February 23, 2007 49 10 $ 599.00 $ 51.00 0.22 February 24, 2007 73 4 $ 1,030.00 $ 180.00 0.29 February 25, 2007 11 5 $ 156.00 $ 27.00 0.06 Weekend Subtotals: 133 19 $ 1,785.00 $ 258.00 March 2, 2007 53 9 $ 623.00 $ 85.00 0.23 March 3, 2007 146 17 $ 1,704.00 $ 220.00 0.60 tf000 � O EXHIBIT B High Street Arts Center 06/07 Season - Attendance ALWAYS PATSY CLINE April 13, 2007 April 14, 2007 April 15, 2007 Weekend Subtotals: April 20, 2007 April 21, 2007 April 22, 2007 Weekend Subtotals: April 27, 2007 April 28, 2007 April 29, 2007 51 3 $ 832.00 $ 82.00 0.20 % of Seats 11 Paid Tickets Comp Tickets Box Office Concessions Filled March 4, 2007 64 2 $ 771.00 $ 103.00 0.24 Weekend Subtotals: 263 28 $ 3,098.00 $ 408.00 4 March 9, 2007 61 5 $ 763.00 $ 132.00 0.24 March 10, 2007 77 6 $ 1,066.00 $ 103.00 0.31 March 11, 2007 50 1 $ 618.00 $ 61.00 0.19 Weekend Subtotals: 188 12 $ 2,447.00 $ 296.00 94.00 March 16, 2007 55 14 $ 721.00 $ 118.00 0.26 March 17, 2007 124 13 $ 1,569.00 $ 231.00 0.51 March 18, 2007 54 5 $ 702.00 $ 104.00 0.22 Weekend Subtotals: 233 32 $ 2,992.00 $ 453.00 $ March 23, 2007 77 0 $ 719.00 $ 125.00 0.29 March 24, 2007 159 0 $ 1,765.00 $ 190.00 0.59 March 25, 2007 161 0 $ 1,656.00 $ 175.00 0.60 Weekend Subtotals: 397 0 $ 4,140.00 $ 490.00 ALWAYS PATSY CLINE April 13, 2007 April 14, 2007 April 15, 2007 Weekend Subtotals: April 20, 2007 April 21, 2007 April 22, 2007 Weekend Subtotals: April 27, 2007 April 28, 2007 April 29, 2007 51 3 $ 832.00 $ 82.00 0.20 83 11 $ 1,220.00 $ 114.00 0.35 47 6 $ 794.00 $ 87.00 0.20 181 20 $ 2,846.00 $ 283.00 0.11 62 4 $ 1,008.00 $ 83.00 0.24 150 4 $ 2,352.00 $ 110.00 0.57 83 5 $ 1,306.00 $ 41.00 0.33 295 13 $ 4,666.00 $ 234.00 0.19 82 8 $ 1,428.00 $ 94.00 0.33 136 7 $ 2,318.00 $ 160.00 0.53 181 2 $ 2,886.00 $ 152.00 0.68 $ 14,144.00 $ 923.00 $ 6,412.00 Actual HSAC Profit Share LAST OF THE RED HOT LOVERS May 18, 2007 13 3 $ 189.00 $ 25.00 0.06 May 19, 2007 44 3 $ 515.00 $ 60.00 0.17 May 20, 2007 19 0 $ 237.00 $ 12.00 0.07 Weekend Subtotals: May 25, 2007 May 26, 2007 May 27, 2007 Weekend Subtotals: June 1, 2007 June 2, 2007 June 3, 2007 Weekend Subtotals: June 8, 2007 June 9, 2007 June 10, 2007 Weekend Subtotals: June 15, 2007 June 16, 2007 76 6 $ 941.00 $ 97.00 22 3 $ 294.00 $ 40.00 0.09 33 3 $ 437.00 $ 50.00 0.13 28 3 $ 357.00 $ 30.00 0.11 83 9 $ 1,088.00 $ 120.00 37 0 $ 489.00 $ 60.00 0.14 42 23 $ 535.00 $ 102.00 0.24 51 0 $ 630.00 $ 60.00 0.19 130 23 $ 1,654.00 $ 222.00 29 11 $ 366.00 $ 79.00 0.15 106 12 $ 1,258.00 $ 196.00 0.44 100 10 $ 1,180.00 $ 125.00 0.41 235 33 $ 2,804.00 $ 400.00 49 18 $ 624.00 $ 82.00 0.25 83 8 $ 1,056.00 $ 105.00 0.34 *00 07 EXHIBIT B High Street Arts Center 06/07 Season - Attendance % of Seats Paid Tickets Comp Tickets Box Office Concessions Filled June 17, 2007 60 2 $ 743.00 $ 77.00 0.23 Weekend Subtotals: 192 28 $ 2,423.00 $ 264.00 EXHIBIT B High Street Arts Center 06107 Season - Attendance % of Seats Paid Tickets Comp Tickets Box Office Concessions Filled Run Totals: 716 99 $ 8,910.00 $ 1,103.00 SEASON TOTALS: 5,159 499 $ 63,641.00 $ 8,109.00 Total Revenue (Box Office/Concessions): $ 71,750.00 *The totals on this spreadsheet will vary from the operating financial statements, as this spreadsheet does not take into consideration rental income, rental concessions, or any profit sharing that may occur for any of the rental events. High Street Arts Center Attendance - 07/08 Season % of Seats Paid Tickets Comp Tickets Box Office Concessions Filled BYE. BYE BIRDIE August 10, 2007 85 16 $ 1,043.00 $ 131.00 0.37 August 11, 2007 49 13 $ 645.00 $ 95.00 0.23 August 12, 2007 91 23 $ 1,092.00 $ 135.00 0.42 Sub Total: 225 52 $ 2,780.00 $ 361.00 10 August 17, 2007 70 11 $ 846.00 $ 102.00 0.30 August 18, 2007 83 6 $ 109.00 $ 142.00 0.33 August 19, 2007 94 21 $ 1,165.00 $ 159.00 0.43 Sub Total: 247 38 $ 2,120.00 $ 403.00 August 24, 2007 79 7 $ 995.00 $ 98.00 0.32 August 25, 2007 65 14 $ 855.00 $ 113.00 0.29 August 26, 2007 81 9 $ 953.00 $ 93.00 0.33 Sub Total: 225 30 $ 2,803.00 $ 304.00 August 31, 2007 91 13 $ 1,092.00 $ 170.00 0.39 September 1, 2007 118 8 $ 1,535.00 $ 183.00 0.47 September 2, 2007 84 6 $ 1,043.00 $ 200.00 0.33 Sub Total: 293 27 $ 3,670.00 $ 553.00 September 7, 2007 89 3 $ 1,097.00 $ 90.00 0.34 September 8, 2007 180 28 $ 1,946.00 $ 260.00 0.77 September 9, 2007 139 8 $ 1,684.00 $ 205.00 0.54 Sub Total: 408 39 $ 4,727.00 $ 555.00 September 14, 2007 142 3 $ 1,767.00 $ 220.00 0.54 September 15, 2007 132 20 $ 1,666.00 $ 207.00 0.56 September 16, 2007 140 6 $ 1,702.00 $ 230.00 0.54 Sub Total: Run Totals: VICTOR October 5, 2007 October 6, 2007 October 7, 2007 October 12, 2007 October 13, 2007 October 14, 2007 October 19, 2007 October 20, 2007 October 21, 2007 October 26, 2007 October 27, 2007 October 28, 2007 29 1,812 215 $ 21,235.00 657.00 2,833.00 27 13 $ 316.00 $ 80.00 0.15 19 10 $ 266.00 $ 45.00 0.11 27 3 $ 340.00 $ 52.00 0.11 Sub Total: 73 26 $ 922.00 $ 177.00 25 5 $ 262.00 $ 89.00 0.11 23 10 $ 306.00 $ 55.00 0.12 25 3 $ 317.00 $ 25.00 0.10 Sub Total: 73 18 $ 885.00 $ 169.00 54 11 $ 650.00 $ 160.00 0.24 79 15 $ 935.00 $ 145.00 0.35 show cancelled due to fires Sub Total: 133 26 $ 1,585.00 $ 305.00 25 2 $ 330.00 $ 52.00 0.10 45 9 $ 623.00 $ 50.00 0.20 39 6 $ 517.00 $ 60.00 0.17 Sub Total: 109 17 $ 1,470.00 $ 162.00 November 2, 2007 153 10 $ 1,626.00 $ 100.00 0.60 November 3, 2007 128 17 $ 1,532.00 $ 208.00 0.54 High Street Arts Center Attendance - 07/08 Season % of Seats Paid Tickets Comp Tickets Box Office Concessions Filled MARLEY'S GHOST November 23, 2007 420 61 6 $ 814.00 $ 64.00 0.25 November 24, 2007 190 48 12 $ 623.00 $ 60.00 0.22 November 25, 2007 16 2 $ 192.00 $ 21.00 0.07 Sub Total: 125 20 $ 1,629.00 $ 145.00 $ November 30, 2007 $ 24 10 $ 299.00 $ 32.00 0.13 December 1, 2007 30.00 46 5 $ 597.00 $ 60.00 0.19 December 2, 2007 50 5 $ 588.00 $ 75.00 0.20 Sub Total: 120 20 $ 1,484.00 $ 167.00 0.17 December 7, 2007 66 40 17 $ 550.50 $ 65.00 0.21 December 8, 2007 19 84 15 $ 1,029.00 $ 101.00 0.37 December 9, 2007 $ 40 2 $ 535.00 $ 70.00 0.16 Sub Total: 164 34 $ 2,114.50 $ 236.00 $ December 14, 2007 $ 73 23 $ 915.00 $ 75.00 0.36 December 15, 2007 284.00 85 22 $ 1,037.00 $ 102.00 0.40 December 16, 2007 0.24 77 11 $ 936.00 $ 120.00 0.33 Sub Total: 235 56 $ 2,888.00 $ 297.00 0.55 December 21, 2007 240 105 16 $ 1,287.00 $ 142.00 0.45 December 22, 2007 5 119 16 $ 1,578.00 $ 140.00 0.50 December 23, 2007 $ 196 28 $ 2,421.00 $ 262.00 0.83 Sub Total: 420 60 $ 5,286.00 $ 544.00 Run Totals: 1,064 190 $ 13,402 $ 1,389 ON GOLDEN POND February 1, 2008 63 2 $ 709.00 $ 85.00 0.24 February 2, 2008 18 6 $ 171.00 $ 62.00 0.09 February 3, 2008 17 4 $ 188.00 $ 30.00 0.08 Sub Total: 98 12 $ 1,068.00 $ 177.00 February 8, 2008 43 10 $ 472.50 $ 62.00 0.20 February 9, 2008 39 6 $ 426.50 $ 86.00 0.17 February 10, 2008 66 3 $ 753.50 $ 90.00 0.26 Sub Total: 148 19 $ 1,652.50 $ 238.00 February 15, 2008 43 3 $ 500.50 $ 62.00 0.17 February 16, 2008 65 14 $ 777.00 $ 102.00 0.29 February 17, 2008 100 3 $ 1,097.00 $ 120.00 0.38 Sub Total: 208 20 $ 2,374.50 $ 284.00 February 22, 2008 63 2 $ 699.00 $ 105.00 0.24 February 23, 2008 39 13 $ 449.00 $ 80.00 0.19 February 24, 2008 138 10 $ 1,476.50 $ 135.00 0.55 Sub Total: 240 25 $ 2,624.50 $ 320.00 February 29, 2008 74 5 $ 825.50 $ 100.00 0.29 March 1, 2008 92 4 $ 1,121.50 $ 120.00 0.36 March 2, 2008 83 5 $ 1,053.00 $ 140.00 0.33 Sub Total: 249 14 $ 3,000.00 $ 360.00 Run Totals: 943 90 $ 10,720 $ 1,379 THE CURIOUS SAVAGE May 16, 2008 35 13 $ 421.00 $ 60.00 0.18 May 23, 2008 34 5 $ 393.00 $ 45.00 0.14 May 30, 2008 55 2 $ 534.00 $ 90.00 0.21 High Street Arts Center Attendance - 07/08 Season SEASON TOTALS: 5,565 792 $ 65,942 $ 8,414 Total Revenue (Box Off ice/Concessions): $ 74,356.00 SEASON TOTALS - All Shov 10,724 1,291 $ 129,583.00 $ 16,523.00 ;OTH SEASONS Total Revenue (Box Off ice/Concessions): $ 146,106.00 'The totals on this spreadsheet will vary from the operating financial statements, as this spreadsheet does not take into consideration rental income, rental concessions, or any profit sharing that may occur for any of the rental events. % of Seats Paid Tickets Comp Tickets Box Office Concessions Filled June 6, 2008 46 12 $ 548.00 $ 80.00 0.21 June 13, 2008 74 15 $ 882.00 $ 140.00 0.33 Sub Total: 244 47 $ 2,778.00 $ 415.00 May 17, 2008 28 10 $ 395.00 $ 65.00 0.14 May 24, 2008 86 4 $ 996.00 $ 130.00 0.33 May 31, 2008 79 17 $ 970.00 $ 170.00 0.36 June 7, 2008 116 20 $ 1,377.00 $ 190.00 0.50 June 14, 2008 120 19 $ 1,471.00 $ 180.00 0.51 Sub Total: 429 70 $ 5,209.00 $ 735.00 May 18, 2008 40 2 $ 487.00 $ 55.00 0.16 May 25, 2008 50 5 $ 587.00 $ 82.00 0.20 June 1, 2008 92 17 $ 995.00 $ 120.00 0.40 June 8, 2008 146 21 $ 1,585.00 $ 105.00 0.62 June 15, 2008 76 21 $ 925.00 $ 180.00 0.36 Sub Total: 404 66 $ 4,579.00 $ 542.00 Run Totals: 1,077 183 $ 12,566.00 $ 1,692.00 SEASON TOTALS: 5,565 792 $ 65,942 $ 8,414 Total Revenue (Box Off ice/Concessions): $ 74,356.00 SEASON TOTALS - All Shov 10,724 1,291 $ 129,583.00 $ 16,523.00 ;OTH SEASONS Total Revenue (Box Off ice/Concessions): $ 146,106.00 'The totals on this spreadsheet will vary from the operating financial statements, as this spreadsheet does not take into consideration rental income, rental concessions, or any profit sharing that may occur for any of the rental events. High Street Arts Center Attendance - 08/09 Season Name of Performance BEAUTY AND THE BEAST July 24, 2008 July 25, 2008 July 26, 2008 (2pm) July 26, 2008 (7pm) Sub Total: Run Totals: Name of Performance HSAC Box Gypsy Office Sales 82 71 86 70 309 309 Paid Tickets Prod. Sales ($1.00 each) 169 169 117 170 625 625 Comp Tickets Box Office $ 1,399.00 $ 1,234.00 $ 1,407.00 $ 1,220.00 $ 5,260.00 $ 5,260.00 Box Office Concessions $ 490.00 $ 402.00 $ 404.00 $ 420.00 $ 1,716.00 $ 1,716.00 Concessions % of Seats Filled 0.93 0.89 0.75 0.89 THE FANTASTICKS August 8, 2008 64 10 $ 683.50 $ 97.00 0.27 August 15, 2008 33 0 $ 423.00 $ 64.00 0.12 August 22, 2008 33 3 $ 348.00 $ 60.00 0.13 August 29, 2008 56 4 $ 628.50 $ 80.00 0.22 September 5, 2008 55 1 $ 620.50 $ 100.00 0.21 September 12, 2008 83 6 $ 1,023.00 $ 160.00 0.33 Sub Total: 324 24 $ 3,726.50 $ 561.00 August 9, 2008 61 4 $ 764.00 $ 80.00 0.24 August 16, 2008 61 3 $ 676.00 $ 60.00 0.24 August 23, 2008 58 5 $ 742.00 $ 61.00 0.23 August 30, 2008 49 8 $ 591.00 $ 73.00 0.21 September 6, 2008 91 3 $ 1,021.00 $ 60.00 0.35 September 13, 2008 49 5 $ 585.50 $ 60.00 0.20 Sub Total: 369 28 $ 4,379.50 $ 394.00 August 10, 2008 40 0 $ 444.00 $ 40.00 0.15 August 17, 2008 63 5 $ 757.00 $ 65.00 0.25 August 24, 2008 158 20 $ 1,709.00 $ 120.00 0.66 August 31, 2008 86 5 $ 1,005.00 $ 170.00 0.34 September 7, 2008 28 7 $ 365.00 $ 40.00 0.13 September 14, 2008 83 9 $ 886.50 $ 63.00 0.34 Sub Total: 458 46 $ 5,166.50 $ 498.00 Run Totals: 1,151 98 $ 13,272.50 $ 1,453.00 Name of Performance Paid Tickets Comp Tickets Box Office Concessions BELL. BOOK & CANDLE October 17, 2008 52 3 $ 535.00 $ 90.00 0.20 October 24, 2008 27 3 $ 304.00 $ 72.00 0.11 October 31, 2008 19 6 $ 218.00 $ 30.00 0.09 November 7, 2008 42 2 $ 513.00 $ 100.00 0.16 November 14, 2008 69 7 $ 811.00 $ 115.00 0.28 Sub Total: 209 21 $ 2,381.00 $ 407.00 October 18, 2008 44 5 $ 510.00 $ 75.00 0.18 October 25, 2008 53 0 $ 666.00 $ 85.00 0.20 November 1, 2008 78 8 $ 977.00 $ 110.00 0.32 November 8, 2008 89 17 $ 1,061.00 $ 120.00 0.39 November 15, 2008 72 7 $ 863.00 $ 120.00 0.29 Sub Total: 336 37 $ 4,077.00 $ 510.00 October 19, 2008 22 0 $ 260.00 $ 30.00 0.08 October 26, 2008 48 8 $ 601.00 $ 55.00 0.21 November 2, 2008 100 9 $ 1,135.00 $ 115.00 0.40 November 9, 2008 118 6 $ 1,322.00 $ 160.00 0.46 November 16, 2008 78 6 $ 921.00 $ 161.00 0.31 Sub Total: 366 29 $ 4,239.00 $ 521.00 i; "00077 High Street Arts Center Attendance - 08/09 Season Run Totals: 911 87 $ 10,697 $ 1,438 Name of Performance Paid Tickets Comp Tickets Box Office Concessions PLIGHT BEFORE CHRISTMAS February 6, 2009 15 6 $ 171.00 December 5, 2008 92 16 $ 1,093.00 $ 106.00 0.40 December 12, 2008 77 7 $ 828.00 $ 71.00 0.31 December 19, 2008 137 5 $ 1,431.00 $ 80.00 0.53 Sub Total: 306 28 $ 3,352.00 $ 257.00 March 6, 2009 December 6, 2008 75 5 $ 933.00 $ 100.00 0.30 December 13, 2008 186 7 $ 2,142.00 $ 160.00 0.71 December 20, 2008 204 27 $ 2,482.00 $ 270.00 0.86 Sub Total: 465 39 $ 5,557.00 $ 530.00 448.50 December 7, 2008 131 6 $ 1,394.00 $ 113.00 0.51 December 14, 2008 107 12 $ 1,245.00 $ 165.00 0.44 December 21, 2008 225 9 $ 2,509 $ 230 0.87 Sub Total: 463 27 $ 5,148 $ 508 Sub Total: Run Totals: 1,234 94 $ 14,057 $ 1,295 Name of Performance Paid Tickets Comp Tickets Box Office Concessions PRISONER OF SECOND AVENUE February 6, 2009 15 6 $ 171.00 $ 40.00 0.08 February 13, 2009 22 2 $ 258.00 $ 60.00 0.09 February 20, 2009 23 6 $ 287.00 $ 40.00 0.11 February 27, 2009 20 4 $ 248.00 $ 22.00 0.09 March 6, 2009 12 3 $ 159.00 $ 20.00 0.06 Sub Total: 92 21 $ 1,123.00 $ 182.00 February 7, 2009 47 14 $ 552.00 $ 62.00 0.23 February 14, 2009 42 5 $ 448.50 $ 60.00 0.17 February 21, 2009 64 1 $ 743.00 $ 80.00 0.24 February 28, 2009 62 4 $ 705.00 $ 96.00 0.24 March 7, 2009 84 8 $ 994.00 $ 140.00 0.34 Sub Total: 299 32 $ 3,442.50 $ 438.00 February 8, 2009 33 0 $ 365.00 $ 60.00 0.12 February 15, 2009 32 5 $ 351.00 $ 44.00 0.14 February 22, 2009 65 4 $ 688.00 $ 42.00 0.26 March 1, 2009 154 10 $ 1,669.00 $ 106.00 0.61 March 8, 2009 52 12 $ 602.00 $ 85.00 0.24 Sub Total: 336 31 $ 3,675.00 $ 337.00 Run Totals: 727 84 $ 8,240.50 $ 957.00 Name of Performance Paid Tickets Comp Tickets Box Office Concessions COMPLETE HISTORY OF AMERICA Run Totals: 0 0 $ - $ - SEASON TOTALS - As of 3/8/09: 4,332 988 $ 51,527.00 $ 6,859.00 Total Revenue (Box Off ice/Concessions): $ 58,386.00 SEASON TOTALS - All Shows 15,056 2,279 $ 181,110.00 $ 23,382.00 COMBINED 3 SEASONS Total Revenue (Box Office/Concessions): $ 204,492.00 o 00 0'7'7 A High Street Arts Center Attendance - 08/09 Season 'The totals on this spreadsheet will vary from the operating financial statements, as this spreadsheet does not take into consideration rental income, rental concessions, or any profit sharing that may occur for any of the rental events. 000077 b HIGH STREET ARTO CENTER EXH1131TC 2009 -2090 RentallRehearoallPerformance Schedule – 200912010 5 M T W TH F 5 2 3 4 5 6 7 5 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 25 2–c- 5051 5 M T W TH F 5 1 2 3 4 5 6 7 5 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 2E 272,52950 5 M T W TH F 5 5 91011 15 16 17 15 21 22 23 24 25 25 5 M T W TH F 2 3 4 5 6 7 9 10 11 12 13 14 16 17 15 19 20 21 23 24 25 20 27 25 5 M T W TH F 5 L 1 2, 3 4 66i 11 12 14 15 16 17 15 19 26 21 22 23 24 25 26 2 2029,3031 5 5 M T 01 TH F 5 1 1 2 3 4 5 5 6 7 5 9 10 11 12 15 13 14 15 16 17 15 19 22 20 21 22 23 24 25 2E ?9 272,52950 START END 5 M T W TH F 5 PRODUCTION /EVENT NAME DATE DATE 1 2 3 4 5 6 7 8 9 7/10/09 7/11/09 12 13 14 15 16 77 1` ONCE UPON AMATTRESS /BIG ; 19 20 21 22 23 24 2E Children's Summer Workshop Shows: 7/23 - 8/2 7/17/09 8/3/09 1 26 27 25 29,30 31 1 DO, I DO Moorpark College Co- Production 8/6/09 8/9/09 i THE GOODBYE GIRL THE MUSICAL Performances: 8/21 - 9/27 8/10/09 9/30/09 5 M T. W TH F 5 – 1 2 3 TEEN KARAOKE NIGHT/Parks & Rec (In Discussion) 10/2/09 - 4 5 6 7 5 9 10 MIRACLE WORKER —_.i ......_ 11 12 13 14 15 16 17 Performances: 10/16-11/15 10/5/09 11/19/09 � 15 1,92021 22 23 24 y WICKED LIT (Free Event) —_... 1 _ _ ..... ........ _---- _-- ..._.. 25 26 2725 29,30 31 Educational Play Reading 10/31!09 - 11/22/09 1/5/1 5 M T W TH F 5 TEEN TALENT SHOW /Parks & Rec (In Discussion) 1/15/10 1/16/107 ■ 2 DRIVING MISS DAIS -` 3 4 5 6 7 5 9 1/25/10 3/10/10 10 11 12 13 14 15 16 j -- 17 15 19 20 21 22 25 3/13/10 24 MOORPARK ARTS FESTIVAL (Free Event) 4/25/10 - 31 ODD COUPLE Perfo Performances: 5/14 - 6/13 5/5/10 6/18/10 ■ BATTLE OF THE BANDS /Parks & Rec (Free Event) 6/18/10 6/19/10 ( 5 M T W TH F 5 HIGH STREET BROADCAST (Free Event) F` ; No Performance in November April `" - 1 2 3 4 5 6 7 5 9 10 or _ __ - - -.. — �J 11 12 13 14 15 16 17 -.- -- 15 192021 22 23 24 25 20 2725 2930 5 M T W TH F 5 2 3 4 5 6 7 5 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 25 2–c- 5051 5 M T W TH F 5 1 2 3 4 5 6 7 5 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 2E 272,52950 5 M T W TH F 5 5 91011 15 16 17 15 21 22 23 24 25 25 5 M T W TH F 2 3 4 5 6 7 9 10 11 12 13 14 16 17 15 19 20 21 23 24 25 20 27 25 5 M T W TH F 5 L 1 2, 3 4 66i 11 12 14 15 16 17 15 19 26 21 22 23 24 25 26 2 2029,3031 5 5 M T 01 TH F 5 1 1 2 3 4 5 5 6 7 5 9 10 11 12 15 13 14 15 16 17 15 19 22 20 21 22 23 24 25 2E ?9 272,52950 of CITY OF MOORPARK, CALIFOi= Redevelopment Agency Meet:: rrEM 5.G. MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Chair and Board of Directors FROM: Steven Kueny, Executive Director d7- DATE: May 13, 2009 (CC Meeting of 5/20/09) SUBJECT: Consider Proposed Operating and Capital Improvement Budgets for Fiscal Year 2009/2010 DISCUSSION The City Manager's /Executive Director's recommended budgets for the City of Moorpark and the Moorpark Redevelopment Agency for Fiscal Year 2009/2010 will be presented to the City Council /Redevelopment Agency for their consideration on May 20, 2009. It is recommended the Agency Board receive the recommended Operating and Capital Improvement Budgets for FY 2009/2010 and set a date for a budget workshop. STAFF RECOMMENDATION Receive the budgets and set a workshop for either May 27 or June 10, 2009. SK:db S: \City Manager \Everyone\ccagendaU3udget 09 -2010 MRA Agenda Rpt 0520 2009.doc ,�s.;00 8 CITY OF MOORPARK, CALIFOR' . Redevelopment Agency Meeti:: ii' i ,, / a ,!� /, ii f/ L_11_ MOORPARK REDEVELOPMENT AGENDA REPORT To: Honorable Agency Board of Directors From: David C. Moe II, Redevelopment Manager Date: May 8, 2009 (Agency Meeting of 5/20/09) Subject: Consider Second Amendment to the Design and Engineering Agreement between the Redevelopment Agency of the City of Moorpark and CVE Engineering and Resolution Amending FY 2008/09 Budget for Engineering Services BACKGROUND The Postal Service is moving quickly on the new downtown post office with the grand opening scheduled for Summer, 2009. In order to help facilitate the construction of the post office and make it financially feasible, the Agency entered into a Design and Engineering Agreement with CVE Engineering ( "Agreement ") on September 26, 2008. Design and engineering services in the Agreement include resurfacing High Street; constructing a public parking lot east of the post office; relocating a portion of the Walnut Canyon Channel; and providing driveway access to the west parking lot of the new post office building. On August 20, 2008, the Agency amended the fiscal year 2008/09 budget to include funds in the amount of $78,000.00 from MRA Area — 1 Operations Fund to finance the Agreement. On January 21, 2009, the Agency Board authorized the first amendment to the Agreement for additional design work requested by Ventura County Water Protection District not to exceed $49,113.00. DISCUSSION Staff has completed the finalized design plans relevant to the Walnut Canyon Channel. The construction plans have been competitively bid on March 2, 2009, and the Agency Board awarded a contract to Toro Enterprises for the improvement work. Construction on the project started April 13, 2009. As mentioned in the January 21, 2009, staff report, the Agency contract with CVE Engineering would need to be amended to include additional design work. The 0.00079 Honorable Agency Board of Directors May 20, 2009 Page 2 additional work was needed to finalize design plans relevant to the Walnut Canyon Channel and secure the needed encroachment permit from the Ventura County Watershed Protection District. The cost of the additional work totaled $116,669.00. This is the last invoice to be paid under this Agreement as the engineering and design work is completed and construction has commenced. FISCAL IMPACT A budget increase in the amount of $116,669.00 from the MRA 2001 Tax Allocation Bond Proceeds Fund is needed for the additional design and engineering required for this project. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Adopt Resolution No. 2009 — approving an amendment to fiscal year 2008 — 2009 budget in the amount of $116,669.00; and 2. Authorize the Executive Director of the Redevelopment Agency to execute the Second Amendment to the Design and Engineering Agreement for this transaction, subject to final language approval by Executive Director and Agency Counsel. Attachment "A ": Second Amendment to the Agreement for Professional Services Attachment "B ". Resolution 2009 - 000SO ATTACHMENT "A" SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND CVE ENGINEERING, INC. FOR ENGINEERING SERVICES THIS SECOND AMENDMENT TO THE AGREEMENT NO. 2008 -188 FOR PROFESSIONAL SERVICES DATED SEPTEMBER 26, 2008 ( "Second Amendment "), is made and entered into this day of , 200 , ( "the Effective Date ") between the Redevelopment Agency of the City of Moorpark, hereinafter referred to as "AGENCY ", and CVE Engineering, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, on September 26, 2008, the AGENCY and the CONSULTANT entered into a Professional Services Agreement for design and engineering services pertaining to resurfacing High Street, constructing a public parking lot, relocating a portion of the Walnut Canyon Channel, and providing driveway access to the west parking lot of the new post office building; and WHEREAS, on January 21, 2009, the AGENCY and the CONSULTANT entered into a First Amendment to Professional Services Agreement for additional engineering services not covered by the original Agreement; and WHEREAS, additional engineering services and project coordination services, not covered by the original Professional Services Agreement and First Amendment, are being requested by the AGENCY. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: AGENCY does hereby appoint CONSULTANT in a contractual capacity to perform additional design and engineering services to complete the project. The additional work will be completed for a not -to- exceed fee of $116,669.00. All other terms and conditions of the original Agreement shall remain in full force and effect. Page 1 of 2 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Steven Kueny Executive Director Date: ATTEST: Deborah S. Traffenstedt, Agency Secretary CVE ENGINEERING Date: John E. Tracy President Page 2 of 2 s I, ()1%)',IF2 ATTACHMENT "B" RESOLUTION NO. 2009 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AMENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING $116,669.00 FROM THE MRA 2001 TAX ALLOCATION BOND PROCEEDS FUND (2904) TO FUND ENGINEERING SERVICES FOR ROAD AND PARKING LOT IMPROVEMENTS ON HIGH STREET WHEREAS, on July 2, 2008, the Board of Directors adopted the Budget for Fiscal Year 2008/2009; and WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") desires to resurface High Street; construct a downtown parking lot improvements; and build a driveway to service the new post office in the downtown area ( "Public Improvements "); and WHEREAS, certain engineering services are needed to design and construct the Public Improvements; and WHEREAS, on August 20, 2008, the Agency Board approved an amendment to the Fiscal Year 2008/2009 budget in the amount of $78,000.00 from MRA Area -1 Operations Fund to finance the Agreement; and WHEREAS, on January 21, 2009, the Agency Board approved additional funds in the amount of $49,113.00, for design work not covered by the original Agreement; and WHEREAS, a budget amendment is needed to fund additional engineering services not covered by the original Agreement and First Amendment; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said budget amendments and their resultant impacts to the budget line item(s). NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $116,669.00 from the MRA 2001 Tax Allocation Bond Proceeds Fund (2904), 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. Resolution No. 2009 — Page 2 PASSED AND ADOPTED this 201h day of May, 2009. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" — Budget Amendment EXHIBIT A BUDGET AMENDMENT FOR MRA 2001 TAX ALLOCATION BOND PROCEEDS FUND TO FUND ENGINEERING SERVICES FOR ROAD AND PARKING LOT IMPROVEMENTS ON HIGH ST. 2008/09 FUND ALLOCATION FROM: Fund Account Number Amount MRA 2001 Tax Allocation Bond Proceeds 2904 -5500 $ 116,669.00 $ 116,669.00 $ 116,669.00 Total $ 116,669.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2904- 2410 - 5052 -9601 $ 116,669.00 $ 116,669.00 Total $ - $ 116,669.00 $ 116,669.00 Approved as to Form: --�'�� ,1 '40085