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HomeMy WebLinkAboutAG RPTS 2011 0406 RDA REG, `( E8TABLIM crrt OF Resolution No. 2011 -246 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA WEDNESDAY, APRIL 6, 2011 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 March 16, 2011. Staff Recommendation: Approve the minutes. B. Consider Minutes of Special Meeting of March 16, 2011. 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.mooraark.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 forthat 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 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. Redevelopment Agency Agenda April 6, 2011 Page 2 5. CONSENT CALENDAR: (continued) C. Consider Agreement with Michael Boblett dba Mike's Handyman Service for Maintenance and Repairs of Agency Owned Properties. Staff Recommendation: 1) Approve Agreement, subject to final language approval by Executive Director and Agency Counsel; and 2) Authorize Executive Director to execute the Agreement on behalf of the Agency. (Staff: David Moe) 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 -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 II). Redevelopment Agency Agenda April 6, 2011 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 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, April 6, 2011, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on March 31, 2011, 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 March 31, 2011. Maureen Benson, City Clerk CITYOF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ef.o y � -ao�i 83 ITEM 5.A. ELOPMENT AGENCY OF THE CITY OF MOORPARK March 16, 2011 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on March 16, 2011, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Parvin called the meeting to order at 7:20 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin. Staff Present: Steven Kueny, Executive Director (arrived at 7:56 p.m.); Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; Deborah Traffenstedt, Deputy City Manager; Ron Ahlers, Agency Treasurer; David Moe, Redevelopment Manager; and Maureen Benson, Agency Secretary. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Agency to recess the Agency meeting to reconvene after the completion of the Consent Calendar on the City Council meeting agenda. The time was 7:21 p.m. The Agency meeting reconvened at 8:42 p.m. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Proaress Reoort on Two -Year Action Plan for the Hiah Street Arts Center. Staff Recommendation: Direct staff to include a net funding contribution of $50,000 for the High Street Arts Center for the Fiscal Year 2011 -2012 Budget so that plans for the next season's programming can be finalized and contracts for selected shows can be completed. Mr. Riley gave the staff report. Ken Rayzor, High Street Arts Center Manager, described the volunteer efforts of the community in making the center successful and thanked the 11 Minutes of the Redevelopment Agency Moorpark, California Page 2 March 16, 2011 Moorpark Community Arts Foundation for their work on behalf of the center. John Loprieno, Theater Arts Chair at Moorpark College, spoke in support of the High Street Arts Center. Tony Kramer, actor and volunteer at the theater, spoke in support of continued funding of the High Street Arts Center. Taryn Koch, Head of the Music Department at Chaparrel Middle School, described the benefits to her students from having attended a performance at the High Street Arts Center. Sheldon Sherman, actor at the High Street Arts Center, stated he appreciates the opportunity to use the theater. He read a letter of support for the theater from Paul Bath, President of Maxim, a local Moorpark business. Lou Valdez, Treasurer and Board Member of the Moorpark Community Arts Foundation reported on the progress of performing arts in Moorpark, specifically at the High Street Arts Center, and requested the Agency's continued support. Stuart, President and Board Member of the Moorpark Community Arts Foundation, stated he and fellow board members, Clint Harper, Ph.D. and Michael Hollander along with Lou Valdez are striving to make the High Street Arts Center independent of Agency /City backing within 18- months. He described the goals of the center for the next year and stated the foundation is looking for more board members. MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a motion to direct staff to include a net funding contribution of $50,000 for the High Street Arts Center for the Fiscal Year 2011/2012 Budget so that plans for the next season's programming can be finalized and contracts for selected shows can be completed. The motion carried by unanimous roll call vote. 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Millhouse moved and Agency Member Van Dam seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Minutes of Regular Meeting of February 16, 2011. Staff Recommendation: Approve the minutes. 2 Minutes of the Redevelopment Agency Moorpark California Page 3 March 16, 2011 B. Consider Authorization of Recordation of the Notice of Completion for Retaining Wall at 81 First Street. Staff Recommendation: Authorize the Agency Secretary to file the Notice of Completion and release the project bonds as outlined in the agenda report. 7. CLOSED SESSION: None was held. 8. ADJOURNMENT: Chair Parvin adjourned the meeting at 9:17 p.m. Janice S. Parvin, Chair ATTEST: Maureen Benson, Agency Secretary 3 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM 5.13. of-- - OV' G - 40 // ACTION:-- MINI ITES OF THE SPECIAL MEETING OF THE _ Rt= EVELoPMENT AGENCY OF THE CITY OF MOORPARK BY! March 16, 2011 A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on Wednesday, March 16, 2011 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 10:33 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; Deborah Traffenstedt, Deputy City Manager; Ron Ahlers, Agency Treasurer; and David Moe, Redevelopment Manager. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Adopting a First Amendment to a Loan Agreement between the City of Moorpark and the Redevelopment Agency of the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2011 -245. ROLL CALL VOTE REQUIRED The verbal staff report was waived. There were no public speakers. MOTION: Agency Member Van Dam moved and Chair Parvin seconded a motion to adopt Resolution No. 2011 -245, adopting a First Amendment to a Loan Agreement between the City of Moorpark and the Redevelopment Agency of the City of Moorpark. The motion carried by unanimous roll call vote. 5 l Minutes of the Redevelopment Agency Moorpark, California Page 2 March 16 2011 6. CLOSED SESSION: Mr. Kueny requested the Agency go into closed session for discussion of three cases under Item 6.13. on the agenda. 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) MOTION: Agency Member Millhouse moved and Agency Member Van Dam seconded a motion to adjourn to closed session for discussion of three cases under Item 6.13. on the agenda. The motion carried by unanimous voice vote. Present in closed session were Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin; Steven Kueny, Executive Director; Joseph Montes, Agency Counsel; Hugh Riley, Assistant Executive Director; Deborah Traffenstedt, Deputy City Manager; Ron Ahlers, Agency Treasurer; and David Moe, Redevelopment Manager. The Agency reconvened into open session at 11:15 p.m. Mr. Montes announced that that for one case under Item 6.B., the Agency voted unanimously in closed session to initiate litigation against a tenant for unpaid rent at 780 Walnut Street. Mr. Kueny stated three cases under Item 6.13. were discussed and there was no other action to report. 7. ADJOURNMENT: Chair Parvin adjourned the Redevelopment Agency meeting at 11:15 p.m. Janice S. Parvin, Chair ATTEST: Maureen Benson, Agency Secretary -0 ITEM 5.C. CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ACTION: BY: y MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager Prepared by: Kathy Priestley, Administrative Secretary V� DATE: March 17, 2011 (Agency Meeting of 4/6/11) SUBJECT: Consider an Agreement with Michael Boblett dba Mike's Handyman Service for Maintenance and Repairs of Agency Owned Properties BACKGROUND & DISCUSSION Agency owned properties require regular maintenance and repairs. Normal services consist of repairs related to property vandalism, graffiti abatement, and various other maintenance issues. Staff requires the work to be handled in a timely and professional manner. Staff is proposing to continue using Michael Boblett dba Mike's Handyman Service ( "MHS ") for ongoing handyman services. MHS has the expertise and qualifications to perform the services and is familiar with the Agency's needs. MHS has performed satisfactorily for the Agency under prior contracts, the most current which expires on May 19, 2011. The contract is valid for a period of fourteen (14) months in order to coincide with the Agency fiscal funding cycles and shall not exceed $30,000.00. FISCAL IMPACT Funds for these services are already budgeted in the Fiscal Year 2010/11 Budget and proposed for the Fiscal Year 2011/12 Budget. STAFF RECOMMENDATION 1. Approve Agreement with Michael Boblett dba Mike's Handyman Service for maintenance and repairs of Agency owned properties, subject to final language approval by Executive Director and Agency Counsel; and 2. Authorize Executive Director to execute the Agreement on behalf of the Agency. Attachment: Agreement for maintenance and repair services of Agency owned properties. 0 ATTACHMENT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND MIKE'S HANDYMAN SERVICE This Agreement is made and entered into in the City of Moorpark on this day of , 2011, by and between the Redevelopment Agency of the City of Moorpark ( "Agency "), a public body, corporate and politic, and Mike's Handyman Service ( "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, AGENCY has a need for certain handyman services; and WHEREAS, Contractor has the expertise and knowledge to provide said handyman services. NOW THEREFORE, AGENCY wishes to retain Contractor for the performance of said services. 1. Term This Agreement shall commence on the date this Agreement is signed and shall remain and continue in effect for one year, unless sooner terminated pursuant to the provisions of this Agreement. 2. Services Agency hereby retains Contractor in a contractual capacity to perform handyman services for various Agency owned properties. The Agency shall issue a written task order to Contractor when handyman services are desired. Contractor shall submit an estimate to the Agency outlining the cost and time to complete the task order within three (3) business days. If the estimate is acceptable, the Agency shall issue a written notice to proceed for the task order. 3. Performance Contractor shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks assigned herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder to meet its obligations under this Agreement. 111 4. Responsible Individuals The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between Agency and Contractor shall be Michael Boblett, or his designee. The Executive Director, or his /her designee, shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor. The Executive Director is authorized to act on Agency's behalf to execute all necessary documents which increase the scope of services or change Contractor's compensation, subject to Section 5 hereof. 5. Payment a) For furnishing services as specified in this Agreement or any written task order issued and approved pertaining to this Agreement, Agency shall pay and Contractor shall receive compensation on an invoice per task order basis with the cumulative total sum not to exceed $30,000 for the term of this Agreement, unless agreed upon in writing as outlined in subsection b, below. b) In the event that additional work hours are required of Contractor, beyond the not -to- exceed fee for this Agreement, additional compensation may be authorized only if such authorization is provided in writing, identifying a "not -to- exceed" cap to be paid by Agency. c) Agency shall make payment to Contractor within thirty (30) days of receipt of invoices, except for those invoices which are contested or questioned, in writing, and are returned to Contractor within thirty (30) days of the receipt of invoices. 6. Incorporation by Reference All exhibits herein referenced are hereby incorporated into and made a part of the Agreement. 7. Suspension or Termination of Agreement without Cause a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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. Page 2 of 7 termination. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the Agency pursuant to Section 5. 8. Default of Contractor a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b) If the Executive Director or his /her designee determines that the Contractor is in default in the performance of any terms or conditions of this Agreement, the Executive Director shall cause to be served upon the Contractor a written notice of the default. The Contractor 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 Contractor 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) Contractor may terminate this Agreement upon thirty (30) days notice in the event of a material breach or non - payment by Agency. 9. Indemnification Contractor shall indemnify, defend (with counsel reasonably acceptable to City) and hold harmless City, and any and all of its employees, officials and agents ( "the Indemnitees ") from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arises out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligence, willful misconduct, errors or omissions, in performance of this Agreement by Contractor or by any individual, or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, except such damage as caused by negligence of the City of any of its officers, employees, servants, project coordinators or agents. City does not and shall not waive any rights that it may have against Contractor by reason of this section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold Page 3 of 7 0 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 this section. 10. Indemnification Provisions from Subcontractors Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. 11. Insurance Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this Agreement. 12. Independent Contractor a) Contractor is and shall at all times remain as to the Agency a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. Page 4 of 7 10 13. 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 Attn: Executive Director 799 Moorpark Avenue Moorpark, CA 93021 Contractor: Mike's Handyman Service Attention: Michael Boblett 437 Main Street Fillmore, CA 93016 14. Assignment The Contractor 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 Contractor is uniquely qualified to perform the services provided for in this Agreement. 15. Entire Agreement This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 16. Anti - Discrimination In the performance of the terms of this Agreement, Contractor 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 Page 5 of 7 11 may result in the imposition of penalties referred to in the Labor Code of the State of California Section 1735. 17. General Conditions a) Contractor 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 Contractor 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 Contractor 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 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 Agency and Contractor. e) Cases involving a dispute between Agency and Contractor 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. D The captions and headings of the various Sections and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Sections and Exhibits hereof. g) If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will never - the -less continue in full force without being impaired or invalidated in any way. h) No officer, employee, director or agent of the Agency shall participate in any decision relating to this Agreement which affects the individual personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested, or shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof. Page 6 of 7 12 18. Governing Law The Agency and Contractor 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 Contractor warrants and represents that this individual has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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 THE CITY OF MOORPARK: MIKE'S HANDYMAN SERVICE: Steven Kueny Executive Director ATTEST: Maureen Benson, Agency Secretary Exhibit "A ": Insurance Requirements Michael Boblett Owner Page 7 of 7 13 EXHIBIT A Insurance Requirements Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor 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. Contractor 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 Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers' Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the 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 Contractor. Contractor and Agency agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured's Agency and the City of 14 Moorpark, its officials, employees, servants, agents, and independent contractors ( "Agency indemnities "), using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor 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 Contractor 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. Contractor 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 Contractor's general liability policy, shall be delivered to Agency at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, Agency has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by Agency shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, 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. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of 15 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 Contractor or any subcontractor, 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. Contractor agrees to ensure that subcontractors, and any other party involved with the project, who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Agency for review. 11. Contractor 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 Contractor'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 Contractor, 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, 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. Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor 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. 16 15. Contractor 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. Contractor 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 Contractor'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 Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to Agency, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a give coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party of insured to be limiting or all - inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor 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 Contractor 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. 17 22. Contractor agrees to provide immediate notice to Agency of any claim or loss against Contractor 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.