HomeMy WebLinkAboutAG RPTS 2010 0203 RDA REGESTABLIM
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OF
Resolution No. 2010 -224
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 3, 2010
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of January 20, 2010. Staff
Recommendation: Approve the minutes.
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 bythe 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 Rem; 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 Rem speaker. A limitation of three to five minutes shall be
imposed upon each Public Hearing Rem 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.
Redevelopment Agency Agenda
February 3, 2010
Page 2
5. CONSENT CALENDAR: (continued)
B. Consider Notices of Completion for the Walnut Canyon Storm Drain
Improvements/West High Street Rehabilitation & Parking Lot Project (Project
5052. Staff Recommendation: 1) Accept the expenditures as listed in the
agenda report; and 2) Accept the work as complete and direct the Agency
Secretary to record the Notices of Completion. (Staff: Yugal Lail)
C. Consider Authorizing the Submittal of a Grant Application to the Ventura
County Community Foundation (VCCF) for an ArtsLIVE. Matching Grant and
Serving as Fiscal Sponsor for the Moorpark Community Foundation for the
Arts to Provide Scholarships for the Curtain Call Summer Youth Theater
Program and Authorizing Executive Direct to Sign All Necessary
Agreements. Staff Recommendation: Authorize the Executive Director to
sign the Fiscal Sponsorship Agreement and to take any other actions
necessary to apply for the grant. (Staff: Hugh Riley)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
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 -8223. 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 In.
Redevelopment Agency Agenda
February 3, 2010
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,
February 3, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 29, 2010, 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 January 29, 2010.
Maureen Benson, Assistant City Clerk
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of -AO1O
ACTION: ITEM 5.A.
I4. ... REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
Moorpark, California January 20, 2010
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
January 20, 2010, in the Community Center of said City located at 799 Moorpark
Avenue, Moorpark, California.
CALL TO ORDER:
Chair Parvin called the meeting to order at 7:16 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Pollock, Van Dam, and Chair
Parvin.
Absent: Agency Member Millhouse.
Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant
Executive Director; David Moe, Redevelopment Manager;
and Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. PUBLIC HEARINGS:
A. Consider Resolution Adopting 2010 -2014 Five Year Implementation Plan
for the Moorpark Redevelopment Project. (continued open public hearing
from January 6, 2010) Staff Recommendation: 1) Continue to accept
public testimony and close the public hearing; and 2) Adopt Resolution
No. 2010 -223, adopting the 2010 -2014 Implementation Plan for the
Moorpark Redevelopment Project.
Mr. Moe gave the staff report.
Chair Parvin stated the public hearing remains open.
There were no speakers.
1
Minutes of the Redevelopment Agency
Moorpark, California Page 2 January 20 2010
Agency Member Mikos recommended editorial changes to correct
typographical errors and to reword a sentence on stamped page 27 of the
agenda report.
Chair Parvin closed the public hearing.
MOTION: Agency Member Pollock moved and Agency Member Van Dam
seconded a motion to adopt Resolution No. 2010 -223, adopting the 2010 -2014
Implementation Plan for the Moorpark Redevelopment Project. The motion
carried by voice vote 4 -0, Agency Member Millhouse absent.
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Van Dam moved and Agency Member Pollock seconded a
motion to approve the Consent Calendar. The motion carried by roll call 3 -0, Agency
Member Mikos abstaining and Agency Member Millhouse absent.
A. Consider Minutes of Regular Meeting of January 6, 2010. Staff
Recommendation: Approve the minutes.
7. CLOSED SESSION:
None was held.
8. ADJOURNMENT:
Chair Parvin adjourned the meeting at 7:21 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
2
ITEM S.B.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of -__ CR -3 -A010
ACTION:
/lam � •= " ,r - , -�[�—
MOORPARK REDEVELOPMENT A��n�T
AGENDA REPORT
TO: Honorable Chair and Agency Board Members
FROM: Yugal K. Lall, City Engineer /Public Works Director
DATE: January 20, 2010 (Agency Meeting of 02/03/10)
SUBJECT: Consider Notices of Completion for the Walnut Canyon Storm Drain
Improvements/West High Street Rehabilitation & Parking Lot Project
(Project 5052)
BACKGROUND
On February 4, 2009, the Redevelopment Agency of the City of Moorpark (Agency)
awarded a contract to Rialto Concrete Products, Inc. for the manufacture and delivery
of the storm drain pipes required by the project. Delivery of the pipes was coordinated
with the construction of the Walnut Canyon Storm Drain Improvement portion of the
project.
On March 5, 2009 the Agency approved the award of a contract for the Walnut Canyon
Storm Drain Improvements/West High Street Rehabilitation & Parking Lot improvements.
The Notice to Proceed for construction was issued on April 13, 2009. Construction of the
project has been completed and the post office has been opened.
The Agency negotiated a 99 -year lease with the United States Post Office ( "Post Office ")
for the construction and operation of a new downtown post office building at the terminus
of West High Street. The Agency has partnered with the Post Office to assist with the
design and construction of street, parking lot and drainage improvements ( "Public
Improvements ") necessary for the new post office building and future projects.
The scope of work for this project included removal and disposal of approximately 550
linear feet of existing reinforced concrete open channel, construction of approximately
400 linear feet of 96" reinforced concrete pipe (RCP), 150 linear feet of 72" RCP, 230
linear feet of 6' x 3.5' reinforced concrete box, and related excavation, grading and
backfill. Additional work includes removal and reconstruction of 300 linear feet of 18"
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3
Honorable Agency Board of Directors
February 3, 2010
Page 2
sewer main, construction of curb, gutter and driveways, full street cold milling,
placement of approximately 920 tons of asphalt pavement, signing, striping, parking lot
construction, landscaping, irrigation and fencing.
DISCUSSION
A Design (CVE Engineering)
The project was designed by CVE Engineering for a cost of $142,460.00
B Manufacture and Delivery of Materials (Rialto Concrete)
1. Rialto Concrete Products Contract
On February 4, 2009, the Agency awarded a contract to Rialto Concrete Products for
the manufacturing and delivery of the storm drain pipes:
Description Award
Bid Price $202,415.00
Final Construction Cost $204,133.24
Amount Over Bid $1,718.24
No change orders were issued, however, the final construction cost exceeded the bid
price as the State of California increased the state sales taxes by 1 %.
2. Prooect Administration
Construction administration was performed by in -house Public Works staff. The
Ventura County Watershed Protection District (VCWPD) and RJR Engineering
performed inspection services on the quality of the reinforced concrete pipe both on-
site and at the manufacture plant.
3. Final Inspection and Acceptance
The Agency has completed a final inspection of the project and has found the work
to be acceptable. At this time it is appropriate for the Board to accept the project as
complete so that the Board Clerk may record the Notice of Completion. No
retention was withheld as it was a manufacturer supplied product.
C Construction of Walnut Canyon Storm Drain and Post Office Parking Lot (Toro
Construction)
1. Toro Construction Contract
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4
Honorable Agency Board of Directors
February 3, 2010
Page 3
On March 5, 2009, the Agency awarded a contract to Toro Construction for the
construction of the Walnut Canyon Storm Drain and Post Office Parking Lot.
a) Quantity Adjustments: As is typical with public works construction projects, the
actual quantities required to complete the project differed from the engineer's
estimate. This resulted in a net decrease to the contract price prior to any
change orders as summarized below.
Description Amount
Bid Price $ 1,153,058.50
Final Construction Cost (without change orders) $ 1,139,482.14
Amount under bid price $ 13,576.36
b) Change Orders: Thirteen Contract Change Orders were approved for the
project as summarized below.
CCO No.
Description
$
Amount
1
Abandon Existing 6" AC Water Line
$
2,507.17
2
Metrolink Track Removal and Grading
$
22,949.35
3
Water Line Changes
$
9,803.00
4
Storm Drain Changes
$
18,791.00
5
unassigned
$
-
6
Remove Additional Channel
$
1,733.16
7
Parking Lot Lighting Changes
$
38,706.93
8
Metrolink Signal Housing Crossing Power
$
7,547.50
9
Credit for SE Change in Fill Sand
$
(2,500.00)
10
Retaining Curb at Back of Walk
$
2,520.00
11
unassigned
$
-
12
Relocate Constr. Fence after SCRRA Per.
$
2,731.96
13
Additional RR Track Removal
$
11,882.25
14
T&M Work on Moorpark Avenue
$
5,895.13
15
Install Extra Joint Trench
$
8,094.55
Total
$
130,662.00
Description
Bid Amount
Contingency
Sub -total
Final Construction Cost (without Change Orders)
Change Orders
Total Construction Cost
Amount over bid
Amount
$ 1,153, 058.50
$ 115, 000.00
$ 1,268,058.50
$
1,139,482.14
$
130, 662.00
$
1,270,144.14
$
2,085.64
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5
Honorable Agency Board of Directors
February 3, 2010
Page 4
2. Project Administration
Construction administration was performed by in -house Public Works staff. RJR
Engineering performed the construction survey, inspection, geotechnical
observation and materials testing. The Ventura County Watershed Protection
District (VCWPD) performed required inspection services of the storm drain
improvements as the Walnut Canyon Storm Drain is under their jurisdiction.
3. Final Inspection and Acceptance
The Agency has completed a final inspection of the project and has found the
work to be acceptable. At this time it is appropriate for the Board to accept the
project as complete so that the Board Clerk may record the Notice of
Completion. If no Stop Notices are received from subcontractors or suppliers,
the ten percent retention will be released thirty-five (35) days after the date of
recordation of the Notice of Completion.
D Ventura County Watershed Protection District (VCWPD)
The Walnut Canyon Storm drain is under the jurisdiction of the VCWPD and as part of
the improvements plan check, permit and inspection fees were required by the
VCWPD. The plans were reviewed by the planning, design, construction, and
maintenance division of the VCWPD.
The Agency is currently working with the VCWPD on reducing some of the fees as the
facility is owned by the VCWPD.
Plan Check, Inspection, and Permit fees
(not to exceed amount) $101,041.84
E Southern California Edison (SCE)
As part of the construction parking lot, lights and street lights were required. SCE was
responsible for the design and installation of power for the parking lot/street lights.
SCE fees (not to exceed amount) $20,000.00
F Southern California Railroad Authority ( SCRRA)
As part of the construction of the parking lot, undergrounding of a service pole for the
SCRRA Signal Housing Unit and relocation of a meter was required. Additional
wrought iron fence will also be constructed around the signal housing unit.
SCRRA (undergrounding /wrought iron fence)
(not to exceed amount) $18,000.00
S1Public Works\Everyone \Reports\Staff Reports\2010Tebruary\Walnut Cyn SD Impv - NOC.doc
6
Honorable Agency Board of Directors
February 3, 2010
Page 5
G KC Construction (KC)
As part of the construction of the Post Office, staff requested for the rear Post Office
parking lot lights to be matching to the ones constructed by the City.
KC Construction (not to exceed amount) $12,000.00
H Ventura Countv Waterworks District No. 1 /Calleauas Municiaal Water District
As part of the design and construction of the Post- Office, water and sewer services
installation was necessary. The following fees were paid for plan check, permit and
inspection of the water and sewer installation:
a) Ventura County Waterworks District No. 1 $22,667.00
b) Calleguas Municipal Water District $4,649.00
Total $27,316.00
FISCAL IMPACT
Description
Acct. #
Total Cost
Design (CVE)
2902.2410.5052.9601
$ 142,460.00
Construction (Rialto)
2904.2410.5052.9640
$ 204,133.24
Construction (Toro)
2904.2410.5052.9640
$ 1,270,144.14
Inspection, Survey and Testing (RJR)
2904.2410.5052.9650
$ 75,000.00
Plan Checks & Inspection (VCWPD)
2904.2410.5052.9650
$ 101,041.84
Design & Power (SCE)
2904.2410.5052.9640
$ 20,000.00
Undergrounding Pole (SCRRA)
2904.2410.5052.9640
$ 18,000.00
Rear Parking Lot Lights (KC)
2904.2410.5052.9640
$ 12,000.00
Water /Sewer Installation (VCWWD)
2904.2410.5052.9640
$ 27,316.00
Project Total
$ 1,870,095.22
Description
Acct. #
Total Cost
Budget Difference
Design
2902.2410.5052.9601 $
142,460.00 $
142,460.00 $ -
Design
2904.2410.5052.9601 $
- $
111,739.00 $ (111,739.00)
Construction
2904.2410.5052.9640 $
1,551,593.38 $
1,495,473.50 $ 56,119.88
Inspection
2904.2410.5052.9650 $
176,041.84 $
90,000.00 $ 86,041.84
Project Total
$
1,870,095.22 $
1,839,672.50 $ 30,422.72
There is sufficient funding in the Agency budget for FY 2009/10 to cover the additional
cost of this project.
STAFF RECOMMENDATIONS
1. Approve the expenditures as listed in this report for the Walnut Canyon Storm Drain
Improvements/W. High Street Rehabilitation and Parking Lot Project.
2. Accept the work as complete and direct the Board Clerk to record the Notices of
Completion.
Attachments:
1 — Notices of Completion (Rialto Concrete & Toro Construction)
S:\Public Works\Everyone\Reports \Staff Reports\2010\Febwary\Walnut Cyn SO Impv - NOC.doc
7
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
r NAME Cdy of Moorpark
STREET
799 Moorpark Avenue
ADDRESS
CITY
Moorpark, CA 93021
STATE
zip
Attn: Agency Secretary
L
03 &
NOTICE OF COMPLETION
Notice pwowt to Civil Code section 11003, must be filed within 10 days after completion. (Ea reverse Bide for complete roquiremonta.)
Notica is hereby given that;
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The fuse name of the owner Is SiWaslopmiknl Ago= of We Ch of, Moomads
3. The full address of the owner is 799 Mimlark Avenue _N=1liik- CA 93021
4. The nature of the interest or estate of the owner is: In fee.
Pur r u-nogr contract of gurchase
. - 9111M. hM MM iMMI. tw "W"*' '/Vri11NM YMfer i9M/Kt if WOW" ii
6. The full names and full addresses of all persone, if any, who hoist tide with the undorsigned as Joint tenants or as tenants in common are:
NAMES ARD fosEs
G. The full memo$ and h4l addresses of the predecessors in interest of the undersigned. it the property was transferred subsequom to the
commancoment of the work or improvements herein referred to;
NAMIF5 ADDREalwo
7. A work of improvemom on the p►oporty hereinafter described was completed on F110aggy The work done was,
manufactudag and delRyery of pjg@f g4ndrain•
B. The names of the contractor, if any, for such work of improvement was
F IQ. gQQ9
n4 caen:emr ei a.. tntetl
9. The property on which said work of improvement was completed is in the City of klrt?I>Ifk.
county of Ventura state of _CA_, and is described as follows: 11jAI ut rapyj2C,SIQMi Qrein Improvemenjo
10. The street address of said property is None
has swan MrfadM Mei/w, insert •noer•.1
Dated
Isianstws at ok ww or corwsr of owsur nwsH in waor"6 2. or his Now»
Steven
of Moorpark
VERIFICATION
I, the undorsioned, say; I on the City AA n the dKWant of the foregoing Notice of Completion;
I �iin+M e'T6wnsr sTste.l
I hove read said Notiao of Completion and know the contents thereof; the sane Is true to my own knowledge. I declare under penalty of
perjury that the foregoing is true and correct.
1 / uJ.fl1-1 N.
tM Notice of Co wWdon are
9eAn use this bpnn, la in of blrtks, and mute «MaM.er an
;ww and rtsosssary b feu► asraclllar Msrtaeollon. �� I
TgTC R E1T1�1pt - lPrice 391 y� sls (Otm'ewalnetnslyfor M1d yw��h
M WOf}C� FOgM1:. INC 7 �� rt�ierd+entibi/i tx
or d Ws for sn or
i�1s etl uM otrep OR eb. the
e
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
r NAW City of Moorpark
STREET
799 Moorpark Avenue
ADmss
CITY
Moorpark, CA 93021
STATE
zip
Aft Agency Saaretary
L
No Fee
vt Cade Sea 6103 & 27
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3003, must be filed within 10 days sfter completion, (lee reverse side for complete requirements.)
Notice is hereby given that:
I. The u mdersigred Is owner or corporate officer of the owner of the interest or Wet# stated below In the property hereinafter described:
2. The full name of the owner is Rfadfavelooment Am= of lbe Cb n, f M=ads
2. The fug address of the owner is 799 Meernark Avenue. hdi=tark- CA 93021
mom ail
4. The nature of the interest or estate of the owner is: In tee.
Pur star ynogr contract of purchase
pnn fee' end insert. fw exwnale. 'euKAew tarMr�K w
ti. The full names and fug addresses of all persons, if any, who hold We with the undersigned so joint tenants or as tenants in common are:
NAMES ADDRESSES
B. The fug names and tug addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the
commencement of the work or Improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on 20jQ The work done was:
wastrucdon of storm drain and Post Office parking lot.
S. The names of the contractor, if any, for such work of improvement was
. r
M w CWW#v er e< • COM& Fa
p. The property on which said work of improvement was completed is in the City of
I
County of Ventura , state of _CA_, and is described as follows: W Injit QJkl3ygo StQCMff i, � n Impmementaft High
10. The street address of said property is None
Trf M erne.( eddrew Me heen efripeN,, MMreM• ineert'Mne'.)
Dated
few"U n of Owrri or rw woo OWWW of owam nwned in pwasrso Z. or Ale swo
Steven
, Ulty of Moorpark
VERIFICATION
I, the undersigned, say: I am the itv Ma .' the declarant of the foregoing Notice of Completion;
M e . waw tfwMw .u3
I have read said Notice of Completion and know the contents thereof; the some is true to my own knowledge. I declare under penalty of
perjury that the foregoing is true and correct.
Executed on , 201Q at Moorpark , California
Bebre lfaa 1Ns bmn. a in of bulks, and make wh"GW ha we
�do rand b peACUler aarrsadton. VVeraaf�
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x FFORMti.Mtre. ++lerd+w+tabifty a nW�+esaw d s+is n�i br a inmaded, taw o or fib. er
9
ITEM 5.C.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of oZ- 3 -oZoIO
ACTION:_��
MOORPARK REDEVELOPMENT AGEN
AGENDA REPORT
TO: The Honorable Agency Chair and Board Members
FROM: Hugh Riley, Assistant Executive Directo
DATE: January 27, 2010 (Agency Meeting of 21312010)
SUBJECT: Consider Authorizing the Submittal of a Grant Application to the
Ventura County Community Foundation (VCCF) for an ArtsLIVE,
Matching Grant and Serving as Fiscal Sponsor for the Moorpark
Community Foundation for the Arts to Provide Scholarships for the
Curtain Call Summer Youth Theater Program and Authorizing
Executive Director to Sign All Necessary Agreements
DISCUSSION
The Agency Board is being asked to authorize the submittal of a grant application to the
Ventura County Community Foundation (VCCF) for $5,000 in ArtsLIVE, matching grant
funds for the 2010 Curtain Call Summer Musical Theater Camp Program (the Project)
as an Access to Art Project for Youth. The grant will be matched with Agency funds and
in -kind contributions as described in the Fiscal Impact Section of this report.
In cooperation with Curtain Call Youth Theatre (CCYT), the High Street Arts Center is
offering a summer youth musical theater camp (the Project) to Moorpark youth between
the ages of 8 -17. Participants will work with an established musical theater director in a
professional setting and will experience many aspects of stage production including
stage crafts, prop organization and costuming in addition to acting, singing and dancing.
The workshop will culminate with a full scale musical production at the High Street Arts
Center. Camp begins June 14 and concludes with the production from July 23 -31. The
workshop fee is $250 per participant. Participants will audition for placement in the
workshop as performers and /or production staff.
CCYT will collect and retain all workshop fees as well as 50% of all profits from box
office ticket sales after credit card fees (2% of credit card purchases). The Agency will
retain all proceeds from concession and 50% of the ticket sales after credit card fees.
CCYT will be responsible for primary promotion and promotional materials for the
workshop and performances.
10
Honorable Chair and Agency Board Members
January 27, 2010
Page 2
Grant funds from VCCF are being sought by the Moorpark Community Foundation for
the Arts (Foundation) to provide scholarships for the summer program. Scholarships of
$150 totaling $3,000 for 20 participants would be offered. The remainder of the grant
funds ($2,000) would be used to defray the Agency's facility and technical staffing costs.
If the full grant request is not awarded, fewer scholarships will be given depending on
the number of participants. City of Moorpark residents will receive priority for enrollment
in the program and scholarship consideration.
Because the Foundation has just begun operating as a non - profit, benefit corporation,
the Agency would need to serve as the Fiscal Sponsor for the Foundation for the project
to be eligible to receive grant funds. A Fiscal Sponsorship Agreement has been
prepared between the Agency and the Foundation. This agreement provides for the
establishment and administration of a restricted fund by the Agency to receive grant
funds, if awarded, on behalf of the Foundation. The proposed agreement is included as
Attachment 1. The grant funds available through the current RFP are targeted for
performing, traditional and folk arts. Completed applications are due to VCCF on
February 5, 2010, at 1:00 p.m.
FISCAL IMPACT
Matching funds for the grant will be in the form of the contribution of the Arts Center
facility and staffing for the project. The Agency will provide the technical staffing valued
at $2,400 and the Arts Center facility rent -free for the program rehearsals and
performances. Rent for these activities would normally be $3,850. The Agency will also
contribute $500 to advertise the program. These costs will be paid from the existing
Agency Budget for the Arts Center Special Events. The estimated box office ticket
revenue to the Agency for the performances is $1,800.
SUMMARY
Arts Center out of pocket expenses $2,900
Facility Rent Contribution $3,850
TOTAL $6,750
Estimated ticket sales Revenue $1,800
Grant Funds $2,000
Project Income $3,800
Arts Center Contribution $2,950
11
Honorable Chair and Agency Board Members
January 27, 2010
Page 3
STAFF RECOMMENDATION
Authorize the Executive Director to sign the Fiscal Sponsorship Agreement and to take
any other actions necessary to apply for the grant.
Attachment 1: Fiscal Sponsorship Agreement
12
ATTACHMENT 1
FISCAL SPONSORSHIP AGREEMENT
This Agreement is made by and between the Redevelopment Agency of the City
of Moorpark, California, which shall serve as the fiscal sponsor under this
Agreement ( "Agency "), and the Moorpark Community Foundation for the Arts,
which shall serve as the fiscal recipient under this Agreement ( "Foundation "). The
Agency operated by the City of Moorpark, a Municipal Corporation and General
Law Agency located in Ventura County, California, and the Foundation is a
California nonprofit public benefit corporation located in the City, qualified as
exempt from federal income tax under Section 501(c)(3) of the Internal Revenue
Code (IRC) and classified as a public charity under IRC Sections 509(a)(1) and
170(b)(1)(A)(vi).
RECITALS
A. On February 3, 2010, the Agency Board approved the establishment of a
restricted fund to receive donations of cash and other property earmarked for
support of the project known as Curtain Call Summer Musical Theater Program
( "Project ") and to make disbursements in furtherance of the Project's mission.
The Board of Directors of the Foundation is expected manage the affairs of the
Project. Currently, the principal office of the Project is located at 33 High Street,
Moorpark, California.
B. The Agency desires to act as the fiscal sponsor of the Project, by receiving
assets and incurring liabilities identified with the Project beginning on the
effective date as set forth in Section 1 below, and using them to pursue the
objectives for which the Project is being established, which the Agency Board
has determined will further the charitable and educational goals of the Agency.
The Foundation desires to manage the Project under the sponsorship of the
Agency.
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NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Term of Agreement. On February 4, 2010 ( "Effective Date "), The Agency shall
assume operation of the Project, which operation shall continue in effect unless
and until terminated under Paragraph 5 below.
2. Project Activities and Sponsorship Policies. All community programs, public
information work, fundraising events, processing and acknowledgment of cash
and non -cash revenue items, accounts payable and receivable, negotiation of
leases and contracts, disbursement of Project funds (including grants), and other
activities planned by the Project shall be the ultimate responsibility of the Agency
and shall be conducted in the name of the Agency, beginning on the Effective
Date. Unless otherwise agreed, and subject to their consent, all personnel to be
compensated for working on the Project shall become contractors of Agency on
the Effective Date and shall be subject to the provisions of the Agency's standard
Contract for Services of this type (see Exhibit 1 attached). Unless otherwise
agreed, any tangible or intangible property, including copyrights, obtained or
created in connection with the Project shall be the property of the Agency while
this Agreement is in effect. Authority to manage the activities of the Project is
delegated to the Foundation, subject at all times to the ultimate direction and
control of the Agency through its Agency Council. The Foundation shall abide by
the Sponsorship Policies of the Agency (see Exhibit 2 attached), which may be
amended from time to time with the consent of the Foundation and which include
administrative fees to be paid to the general fund of the Agency from the
restricted fund described in Sections 3 and 4 below.
3. Restricted FundNariance Power. Beginning on the effective date, the Agency
shall place all gifts, grants, contributions, and other revenues received by the
Agency and identified with the Project into a restricted fund to be used for the
sole benefit of the Project's mission and objectives as they may be defined by the
Foundation with the approval of the Agency. The Agency retains the unilateral
right to spend such funds so as to accomplish the mission and objectives of the
Project as nearly as possible within the Agency's sole judgment, subject to any
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donor - imposed restrictions, as to purpose, on the charitable use of such assets.
The parties agree that all money, and the fair market value of all property, in the
restricted fund be reported as the income of the Agency, for both tax purposes
and for purposes of the Agency's financial statements. It is the intent of the
parties that this Agreement be interpreted to provide the Agency with variance
powers necessary to enable the Agency to treat the restricted fund as the
Agency's asset in accordance with the applicable statements and rules issued
and enforced by the Financial Accounting Standards Board while this Agreement
is in effect.
4. Restricted Fund Management / Performance of Charitable Purposes. All of the
assets received by the Agency under this Agreement shall be devoted to the
purposes of the Project, within the tax - exempt purposes of the Agency. No item
of revenue shall be earmarked to be used in any attempt to influence legislation
within the meaning of IRC Section 501(c)(3); no agreement, oral or written, to
that effect shall be made between the Agency and any revenue source. The
Agency shall not use any portion of the assets to participate or intervene in any
political campaign on behalf of or in opposition to any candidate for public office,
to induce or encourage violations of law or public policy, to cause any private
inurnment or improper private benefit to occur, nor to take any other action
inconsistent with IRC Section 501(c)(3).
5. Termination. This Agreement shall terminate when the objectives of the
Project have been accomplished by the Agency. If the objectives of the Project
can still be accomplished but either the Foundation or the Agency desires to
terminate the Agency's fiscal sponsorship of the Project, the following
understandings shall apply. Either the Agency or the Foundation may terminate
this Agreement on 60 days' written notice to the other party, so long as another
nonprofit corporation which is tax - exempt under IRC Section 501(c)(3), and is not
classified as a private foundation under Section 509(a) ( "Successor "), is willing
and able to sponsor the Project and is approved in writing by both parties by the
end of the 60-day period. If the parties cannot agree on a Successor to sponsor
the Project, the Foundation shall have an additional 60 days to find a Successor
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willing and able to sponsor the Project. If a Successor is found, the balance of
assets in the Agency's restricted fund for the Project, together with any other
assets held or liabilities incurred by the Agency in connection with the Project,
shall be transferred to the Successor at the end of the notice period or any
extension thereof, subject to the approval of any third parties that may be
required. If the Foundation has formed a new organization that is qualified to
serve as a Successor, such organization shall be eligible to receive all such
assets and liabilities so long as such organization has received a determination
letter from the Internal Revenue Service, indicating that such qualifications have
been met, no later than the end of the notice period or any extension thereof. If
no Successor is found, the Agency may dispose of the Project assets and
liabilities in any manner consistent with applicable tax and charitable trust laws.
Either party to this Agreement may terminate this Agreement, based upon a
material breach of this Agreement by the other party, by giving 30 days' written
notice to the other party.
6. Miscellaneous. In the event of any controversy, claim, or dispute between the
parties arising out of or related to this Agreement, or the alleged breach thereof,
the prevailing party shall, in addition to any other relief, be entitled to recover its
reasonable attorneys' fees and costs of sustaining its position. Each provision of
this Agreement shall be separately valid and enforceable, and the invalidity or
unenforceability of one provision shall not affect the validity or enforceability of
any other provision. This Agreement shall be interpreted and construed in
accordance with the laws of the State of California. Time is of the essence of this
Agreement and of each and every provision hereof.
7. Arbitration. In the event of any dispute under this Agreement, the parties shall
attempt to resolve the matter themselves in an amicable manner. Failing such
resolution, any dispute under this Agreement shall be resolved by binding
arbitration in Ventura County in accordance with commercial arbitration rules of
the Judicial Arbitration and Mediation Services (JAMS) then in effect, or any
other rules mutually agreed to by the parties. Any award or order made in any
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such arbitration may be entered as a judgment in a court of competent
jurisdiction.
8. Entire Agreement. This Agreement constitutes the only agreement, and
supersedes all prior agreements and understandings, both written and oral,
among the parties with respect to the subject matter hereof. All Exhibits hereto
are a material part of this Agreement and are incorporated by reference. This
Agreement, including any Exhibits hereto, may not be amended or modified,
except in a writing signed by all parties to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Fiscal Sponsorship
Agreement effective on the day of , 2010.
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA
By:
Its:
Dated:
MOORPARK COMMUNITY FOUNDATION FOR THE ARTS
By:
Its:
Dated:
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EXHIBIT 1
AGENCY OF THE AGENCY OF MOORPARK
HIGH STREET ARTS CENTER PERFORMANCE AGREEMENT
This Agreement, made and entered into this day of , 2009,
between the Redevelopment Agency of the City of Moorpark, a public body, corporate
and politic, hereinafter referred to as "Agency" and hereinafter
referred to as "Contractor ".
WITNESSETH
WHEREAS, Agency desires to have live art performances; and
WHEREAS, Agency desires to contract for such services with a private
contractor in anticipation that said private contractor can provide such services in a
manner acceptable to the Agency; and
WHEREAS, Contractor is experienced and specializes in providing such services
and has the appropriate specialized experience, certifications and background to carry
out duties involved; and
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises contained herein, the parties hereto agree as follows:
1. Scope of Services
Contractor agrees to perform appropriate services and to devote the
number of hours necessary to perform the services in a competent manner for the
duration of the live art performance as detailed in Attachment A (Scope
of Services) attached hereto and made part of this Agreement.
2. Compensation
Contractor shall be paid for the services rendered under this Agreement at the rate
stated in Attachment A.
3. Term of Agreement
This Agreement shall be for the term running from to . New
agreements shall be required for any new project. Amendments signed by the
Executive Director of the Agency or designee are required for any changes to this
Agreement.
Revised 12108
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4. Termination
The Agency reserves the right to terminate, with or without cause, this Agreement upon
24 -hours written notice to the Contractor. If this Agreement is terminated prior to the
end of the term identified herein, Agency agrees to pay Contractor for actual service
rendered pursuant to and in accordance with this Agreement.
5. General Conditions
A. Contractor will take proper care of the facility and any equipment furnished by the
Agency for the live art performance, and shall be responsible for damage caused
thereto resulting from misconduct, negligent acts and improper use or care.
B. Contractor is and at all times shall remain as to the Agency, a wholly
independent Contractor. Nothing contained in this Agreement shall be deemed,
construed or represented by Agency or Contractor 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 the Agency and Contractor. Contractor will
determine method, details and means of performing the above - described services.
Agency shall not deduct any withholding taxes or social security from the compensation
of Contractor nor pay unemployment insurance taxes, nor provide Workers'
Compensation payments, nor medical insurance, nor other benefits on behalf of the
Contractor.
C. Contractor shall hold harmless, indemnify and defend Agency, its officers,
employees, servants and agents from any claim, demand, liability, loss, suit, cost or
expense whatsoever arising out of this Agreement, including but not limited to death or
injury to any person and injury to any property, resulting from misconduct, negligent
acts, errors and omissions of Contractor or any of its officers, employees or agents in
the performance of this Agreement, except such damage as is caused by the sole
negligence of the Agency or any of its officers, employees, servants or agents.
D. Contractor is responsible to advise Agency of any potential conflicts which may
arise in connection with contractual relationship with Agency.
E. Contractor shall provide Workers' Compensation insurance as required by the
California Labor Code. A Workers' Compensation Insurance Certificate shall be filed
with Agency before beginning work, unless Contractor submits a written certification that
no one other than Contractor is performing any services under this Agreement.
As Contractor, I certify that no one other than myself is performing any services
under this Agreement.
(Contractor Signature)
Revised 12/08
19
F. This Agreement constitutes the entire Agreement of the parties.
G. No Contractor providing services to the public on behalf of the Agency shall
discriminate against any person because of gender, race, color, creed, national origin,
or disability.
H. Unless otherwise directed in writing by Agency, Contractor agrees to have itself
and any of its employees and volunteers providing services to the Agency, pursuant to
this Agreement, submit to a fingerprinting process prior to instructing, choreographing,
or working with minors. The fingerprinting process shall be as subscribed by the
Agency and the one- time -only cost shall be paid by the Contractor for itself and any of
its employees and volunteers. Contractor shall not use an employee or volunteer who
fails to receive a satisfactory fingerprint report in the service of this Agreement.
Contractor agrees that the costs for fingerprinting shall be deducted from Agency's
payment to Contractor for services rendered under this Agreement, in addition to the
terms in Section 2 of this Agreement.
1. Contractor shall keep informed of, and shall comply with, all Federal, State and
local laws and regulations which in any manner affect performance under this
Agreement. Contractor shall conduct services in a professional and dignified manner
and shall not violate, nor permit any person participating therein to violate, any rule,
regulation, or ordinance of the Agency, State, or Federal Government.
J. This Agreement is made, entered into, executed and is to be performed in
Moorpark, Ventura County, California, and any action filed in any court or for any
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.
In witness hereof:
Contractor
For the Agency of Moorpark:
REVIEWED BY:
David Moe, Redevelopment Manager
AUTHORIZED BY:
Date
Date
Revised 12108
20
Hugh R. Riley, Assistant Executive Director Date
Revised 12/08
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EXHIBIT 2
Redevelopment Agency of the Agency of Moorpark
POLICY ON FISCAL SPONSORSHIP
The Redevelopment Agency of the Agency of Moorpark is operated by the Agency of
Moorpark, a Municipal Corporation and is tax - exempt organization. The Agency will
agree to be responsible for the fiscal management of a project for another organization
that does not have its own tax - exemption with the Internal Revenue Service or that has
not been in operation for sufficient time to be eligible as a recipient of federal, state or
local grant funds. The Agency will agree to act as a Fiscal Sponsor with the following
conditions:
A. The Fiscal Sponsor fee of $50.00 will be waived.
B. A signed Fiscal Sponsorship Agreement (Exhibit A) outlining the role and
responsibilities of the Fiscal Sponsor and the Project is provided. submitted with the
application. This document should contain all the following information:
1. Date of approval by Fiscal Sponsor's Board of Directors
2. Effective date of Fiscal Sponsorship Agreement
3. Agreement between the Fiscal Sponsor and the Project regarding community
programs, public information, fundraising events, negotiation of leases and contracts,
and other activities planned by the Project
4. Provide a detailed explanation of how the sponsored project constitutes a charitable
endeavor as described in section 1 70(c)(2)(B) of the Internal Revenue Code.
Please include a detailed description of the public benefit and an assurance that
sponsored project representatives will not profit from the funded project.
5. Agreement regarding 501(c)(3) taking full legal liability for accounting for grant
income & expenses and reporting on grant activities
6. Agreement regarding management of Project Funds, including processing and
- Gknowledgement of cash and non -cash revenue items, accounts payable and
receivable, disbursement of Project funds (including grants), bookkeeping and
financial audits
7. Agreement regarding performance of Activities for Charitable Purposes with stated
policies prohibiting the use of funds for political campaigns on behalf of or in
opposition to any candidate for public office
8. Conditions for Termination of Agreement
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