HomeMy WebLinkAboutAG RPTS 2012 0417 OB SPC NOTICE AND CALL OF A SPECIAL MEETING
OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
NOTICE IS HEREBY GIVEN that a Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the City of Moorpark is hereby called
to be held on Tuesday, April 17, 2012, commencing at 3:30 p.m. Said meeting will
convene in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark,
California.
Said Special Meeting shall be for the purpose of considering the following:
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. INTRODUCTION OF BOARD MEMBERS AND STAFF:
5. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON:
A. Consider Election of Chairperson and Vice Chairperson. Staff
Recommendation: Elect a Chairperson and Vice Chairperson for the
Oversight Board of the Successor Agency of the Redevelopment Agency of
the City of Moorpark for a term ending June 30, 2013. (Staff: David Moe)
6. PUBLIC COMMENT:
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Board Members 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. Agenda packets for Oversight Board meetings are also available on the City's website
at www.ci.moorpark.ca.us.
Any member of the public may address the Board during the Public Comments portion of the Agenda,unless it is
a Presentation/Action/Discussion item. Speakers who wish to address the Board concerning a
Presentations/Action/Discussion item must do so during the 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;and for a Presentation/Action/Discussion item,and
prior to the Chair's call for speaker cards for each Presentation/Action/Discussion agenda item. A limitation of
three minutes shall be imposed upon each Public Comment and Presentation/Action/Discussion item speaker.
Written Statement Cards maybe submitted in lieu of speaking orally for Presentation/Action/Discussion items.
Any questions concerning any agenda item may be directed to the City Clerk's office at 517-6223.
April 17, 2012 - Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the
City of Moorpark
Page 2
8. PRESENTATION/ACTION/DISCUSSION:
A. Consider Establishing the Date Time and Location for Meetings of the
Oversight Board of the Redevelopment Agency of the City of Moorpark.
Staff Recommendation: Approve a regular meeting schedule and location
for the meeting of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark consistent with Government
Code Section 54954. (Staff: David Moe)
B. Consider Designation of Contact Person for California Department of
Finance Inquiries. Staff Recommendation: Designate the Executive Director
of the Successor Agency as the contact person for Department of Finance
inquiries regarding Oversight Board actions. (Staff: David Moe)
C. Consider Recognized Obligation Payment Schedule (ROPS) for January 1,
2012 through June 30 2012 and July 1 2012 through December 31, 2012.
Staff Recommendation: 1) Approve ROPS as contained in the agenda
report for January 1, 2012 through June 30, 2012; and 2) Approve ROPS as
contained in the agenda report for July 1, 2012 through December 31 , 2012;
and 3) Direct staff to transmit the ROPS to the State of California and post
the same on the City's website, as ordered in the legislation. (Staff: David
Moe)
D. Consider Adopting an Administrative Budget as Required by ABX1 26 for the
Successor Agency of the Redevelopment Agency of the City of Moorpark.
Staff Recommendation: Adopt Administrative Budget as contained in the
agenda report for the period of February 1, 2012 — June 30, 2012. ROLL
CALL VOTE REQUIRED (Staff: David Moe)
E. Consider Lease Agreement between the Successor Agency to the
Redevelopment Agency of the City of Moorpark and Tom Lindstrom RV
Sales, Inc. Staff Recommendation: Approve the Lease Agreement. (Staff:
David Moe)
F. Consider Amendment of Professional Services Agreement with Ky Spangler
for Special Projects Consulting Services for the Ruben Castro Human
Services Center through September 30, 2012. Staff Recommendation:
Approve a second amendment to the Professional Services Agreement with
Ky Spangler for Special Projects Consulting Services for activities related to
the construction of the Ruben Castro Human Services Center. (Staff: David
Moe)
April 17, 2012 - Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the
City of Moorpark
Page 3
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements.
B. Future Agenda Items.
i. Rules of Procedure
ii. Conflict of Interest - Form 700 Responsibilities
iii. Legal Counsel
iv. Other Administrative Items
V. Review of Former Agency's Real Property
10. ADJOURNMENT:
Dated: April 13, 2012.
Maureen Benson, City Clerk
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.Upon advance notification of the
need for disability-related modification or accommodation, reasonable arrangements will be made by City staff to provide
accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
April 17, 2012 - Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the
City of Moorpark
Page 4
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 Special Meeting of
Oversight Board for the Successor Agency of the Redevelopment Agency of the City of
Moorpark to be held Tuesday, April 17, 2012, at 3:30 p.m. in the Council Chambers of the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on
April 13, 2012, 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 April 13, 2012.
Maureen Benson, City Clerk
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY ITEM 5.A.
OF THE CITY OF MOORPARK MEETING
of S / Al- /7 oZ 01A
ACTION:
Consider Election of Chairperson and Vice Chairperson. Staff
Recommendation: Elect a Chairperson and Vice Chairperson
for the Oversight Board of the Successor Agency to the
Redevelopment Agency of the City of Moorpark for a term
ending June 30, 2013. (Staff: David Moe)
No Agenda Report
1
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY ITEM 8.A.
OF THE CITY OF MOORPARK MEETING
of <r a ua�G
ACTION:'•
'T
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe II, Redevelopment Manager f)L,0,-
DATE: April 11, 2012 (Meeting of 4117/12)
SUBJECT: Consider Establishing the Date, Time, and Location for Meetings of
the Oversight Board to the Successor Agency to the Redevelopment
Agency of the City of Moorpark
BACKGROUND & DISCUSSION
On December 29, 2011, the California Supreme Court upheld ABx1 26, which dissolves
all redevelopment agencies in California, effective February 1, 2012. All the assets,
properties, contracts, leases, and records of the former redevelopment agency were
automatically transferred by operation of law to a successor agency on February 1,
2012.
On January 4, 2012, the City of Moorpark elected to serve as the Successor Agency to
the Redevelopment Agency of the City of Moorpark ("Successor Agency"). The
Successor Agency is responsible for the winding down of the Redevelopment Agency of
the City of Moorpark's obligations subject to the monitoring by and approval of the
Oversight Board to the Successor Agency to the Redevelopment Agency of the City of
Moorpark ("Oversight Board"). Each Successor Agency will have its own oversight
board until 2016, when all oversight boards will be consolidated into one county-wide
oversight board. In order for the Oversight Board to review and approve actions of the
Successor Agency, it will need to schedule a regular date, time, and location for
meetings consistent with Government Code Section 54954 which states:
Government Code Section 54954.
(a) Each legislative body of a local agency, except for advisory committees or standing
committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is
required for the conduct of business by that body, the time and place for holding regular
meetings. Meetings of advisory committees or standing committees, for which an
agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision
(a) of Section 54954.2, shall be considered for purposes of this chapter as regular
meetings of the legislative body.
2
Oversight Board
April 17, 2012
Page 2
Meetings will need to be held in the Apricot Room in the City of Moorpark Community
Center in order to record the audio of the meetings to assist with the drafting of the
minutes.
Therefore, staff is recommending that the Oversight Board meetings be held on the
Third Tuesday of each month at 3:30 p.m., beginning Tuesday, April 17, 2012. The
recommended meeting place is the City of Moorpark Community Center. Staff will
recommend the cancellation of meetings where there is no pressing need for the
meeting.
STAFF RECOMMENDATION
Approve regular meeting schedule and location for meetings of the Oversight Board to
Successor Agency of the Redevelopment Agency of the City of Moorpark consistent
with Government Code Section 54954.
3
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 8.13.
of 4qk ,Ai
ACTION:
lol
�v
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY
AGENDA REPORT
To: Oversight Board to Successor Agency
From: David C. Moe 11, Redevelopment Manager
Date: March 23, 2012 (Meeting of 4/17/12)
Subject: Consider Designation of Contact Person for Department of Finance
Inquiries
BACKGROUND AND DISCUSSION
Health and Safety Code Section 34179(h) provides that the Oversight Board actions are
not effective for three (3) business days, pending review by the DOF. If the DOF
exercises its right to review the action, then it has ten (10) days to approve the action or
return it to the Oversight Board for reconsideration. The Health and Safety Code
requires the Oversight Board to formally designate an official to whom the DOF may
make inquiries regarding Oversight Board actions.
Staff recommends designating the Executive Director of the Successor Agency (City
Manager of the City of Moorpark) as the contact person for the Oversight Board. Upon
receiving an inquiry, the Executive Director would then direct the inquiry to the
appropriate staff person to formulate a response. The Executive Director of the
Successor Agency would then forward the response to the DOF.
Once the Oversight Board designates an official, staff will transmit the appropriate
contact information to the DOF. The City's intent at this time is to post an annotated
agenda on the City's website the next workday following each Oversight Board meeting,
to provide a quick overview of the Oversight Board's actions taken.
STAFF RECOMMENDATION
Designate the Executive Director of the Successor Agency as the contact person for
Department of Finance inquiries regarding Oversight Board actions.
4
OVERSIGHT BOARD TO SUCCESSOR AGENCY ITEM 8.C.
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of
ACTION: xal3 .449
a oiR _
OVERSIGHT BOARD TO SUCCESSOR AGENCY
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe 11, Redevelopment Manager
DATE: April 6, 2012 (Oversight Meeting of April 17, 2012)
SUBJECT: Consider Recognized Obligation Payment Schedules (ROPS) for
January 1, 2012 through June 30, 2012 and July 1, 2012 through
December 31, 2012
BACKGROUND & DISCUSSION
On June 29, 2011, as part of adopting the State of California Fiscal Year (FY) 2011-12
budget, the Governor signed two trailer bills, ABX1 26 ("Dissolution Act") and ABX1 27
("Voluntary Alternative Redevelopment Program"), into law. The legislation became
effective on June 29, 2011. The California Redevelopment Association ("CRA") and the
California League of Cities filed a lawsuit in the California Supreme Court (Court)
challenging the constitutionality of ABX1 26 and ABX1 27. On December 29, 2011 the
Court upheld ABX1 26 and found ABX1 27 unconstitutional. The Court restated all the
time deadlines in ABX1 26 by adding four months. Therefore, the dissolution was
effective February 1, 2012.
Staff has prepared the Recognized Obligation Payment Schedule (ROPS), per ABx1
26. On February 15, 2012, City Council acting as the Successor Agency for the
Redevelopment Agency of the City of Moorpark approved the ROPS for the period of
January 1, 2012 through June 30, 2012 (Attachment 1) and staff transmitted it to the
State of California and posted it on the City's website, as ordered in the legislation.
Oversight Board approval is also needed for the ROPS for the period of July 1, 2012
through December 31, 2012 (Attachment II) to ensure sufficient funds are available to
the Successor Agency to avoid a default on upcoming bond payments.
Per the Health and Safety Code, section 34171(h):
"Recognized Obligation Payment Schedule" means the document
setting forth the minimum payment amounts and due dates of
5
Oversight Board
April 17, 2012
Page 2
payments required by enforceable obligations for each six-month
fiscal period as provided in subdivision (m) of Section 34177.
Per the Health and Safety Code, section 34167(d), an enforceable obligation means
1) Bonds
2) Loans
3) Payments required by the federal government
4) Judgments or settlements
5) Any legally binding and enforceable agreement or contract
6) Contracts or agreements necessary for the continued administration or operation
of the redevelopment agency (i.e. employee pay and benefits, rent, insurance,
office supplies, etc.)
Currently, the Successor Agency has the authority to continue to make payments of the
former Redevelopment Agency of the City of Moorpark listed on the Enforceable
Obligation Payment Schedule ("FOPS") until April 30, 2012. If the ROPS for the periods
of January 1, 2012 through June 30, 2012 and July 1, 2012 through December 31,
2012, are not approved by the Oversight Board and subsequently the Department of
Finance by April 30, 2012, no payments of any obligations of the Redevelopment
Agency of the City of Moorpark will be made and possible defaults may occur.
Staff recommends approval of the ROPS for the periods of January 1, 2012 through
June 30, 2012 and July 1, 2012 through December 31, 2012.
FISCAL IMPACT
None. Successor Agency will be limited to expending funds for enforceable obligations
listed on the ROPS.
STAFF RECOMMENDATION
1. Approve attached Recognized Obligation Payment Schedule for January 1, 2012
through June 30, 2012; and
2. Approve attached Recognized Obligation Payment Schedule for July 1, 2012
through December 31, 2012; and
3. Direct staff to transmit the Recognized Obligation Payment Schedules to the
State of California and post the same on the City's website, as ordered in the
legislation.
Attachment I: Recognized Obligation Payment Schedule January 1, 2012 through
June 30, 2012
Attachment II: Recognized Obligation Payment Schedule July 1, 2012 through
December 31, 2012
6
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED
FILED FOR THE January 1" to June 30th, 2012 PERIOD
Name of Successor Agency CITY OF MOORPARK
Current
Total Outstanding Total Due
Debt or Obligation During Fiscal Year
Outstanding Debt or Obligation $ 63,357,499.00 $ 13,237,744.00
Total Due for Six Month Period
Outstanding Debt or Obligation $ 10,404,457.00
Available Revenues other than anticipated funding from RPTTF $ 6,501,020.00
Enforceable Obligations paid with RPTTF $ 2,546,138.00
Administrative Cost paid with RPTTF $ 250,000.00
Pass-through Payments paid with RPTTF $ 1,107,299.00
Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not
include pass-through payments made with RPTTF. The RPTTF Administrative Cost figure above should not exceed this
Administrative Cost Allowance figure) $ 250,000.00
Certification of Oversight Board Chairman: D
Pursuant to Section 34177(1) of the Health and Safety code,
I hereby certify that the above is a true and accurate Recognized Name Title D
Enforceable Payment Schedule for the above named agency. 0
_ T
Signature Date Z
M
Z
Name of Redevelopment Agency. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM A-Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(')
Total Due During "' Payable from the Redevelopment Property Tax Trust Fund(RPTTF)
Contract/Agreement Outstanding
Agreement Project Area Fiscal Year Funding
Payments by month
Debt or Obligation 2011-2012" Source
Project Name/Debt Obligation Execution Date Payee Description Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 Jun 2012 Total
1) 1999 Tax Allocation Bonds 05/01/1999 Bank of New York Bond Principal&Interest Payments MRP 6,030,082.00 755,709.00 RPTTF 108,956.00 658,956.00 $ 767,912.00
2)2001 Tax Allocation Bonds 12/12/2001 Bank of New York Bond Principal&Interest Payments MRP 20,359,572.00 602,098.00 RPTTF 293,382.00 313,382.00 $ 606,764.00
3)2006 Tax Allocation Bonds 12113/2006 Bank of New York Bond Principal&Interest Payments MRP 23,545,793.00 545,987.00 RPTTF 1 252,631 00 287,631.00 $ 540,262.00
4)Bond Trustee 05/01/1999 Bank of New York Trustee services MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
5)Bond Disclosures 04/12/2007 Urban Futures Bond Disclosure MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
6)Bond Arbitrage Calks 10/1312009 BondLogistix Bond Arbitrage Calks MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
7)Legal Counsel 07/01/2007 Burke Williams Sorensen Legal Services MRP 60,000.00 60,000.00 RPTTF 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 $ 30,000.00
8)Aszkenazy Disposition and 01/2612011 TBD Removal of Structures and Intersection Improvements per
Development A reemenl DDA MRP 500,000.00 400,000.00 RPTTF 300,000.00 100,000.00 $ 400,00000
1083 Walnut Canyon and 112
9)First Street Demolition 07105/2011 Flores-Sierra Construction Removal of Structures MRP 24,400.00 24,400.00 RPTTF 12,200.00 12,200.00 $ 24,400.00
10)161 Second Street Park Veronica Jacinto Relocation Payment MRP 30,000.00 30,000.00 RPTTF 7,000.00 23,000.00 $ 30,000.00
11)1161 Second Street Park 07/14/2011 Overland,Cutler and Pacific Relocation Consultant MRP 25,000.00 25,000.00 RPTTF $
12)Watershed Protection District County of Ventura Watershed Protection District MRP 100,000.00 100,000.00 RPTTF 10000000 $ 10000000
Low and Moderate Income , . ,$ 10,000..00
13)Housin Fund City of Moorpark 20%set-aside MRP 1,350,000.00 1,350,000.00 RPTTF 10,000.00
14)Record Oversight Board Meetings 09/21/2011 Reel Life Pictures Record Oversight Board Meetings MRP 3,000.00 3,000.00 RPTTF 1,000.00 1,000.00 1,000.00 $ 3,000.00
15)Oversigh Committee Packets PostNet Printing Oversight Committee packets MRP 1,800.00 1,800.00 RPTTF 600.00 600.00 600.00 $ 1,800.00
16)High Street Art Center Kelley Cleaning Clean High Street Art Center MRP 2,000.00 2,000.00 RPTTF 333.00 333.00 333.00 333.00 334.00 334.00 $ 2,000.00
17)
18) $ -
19) $
20) $
21) $
22) $
23) $
24) $
25) $
26) $
27) $
28) $
29) $
30)
31)
32)
Totals-This Page(RPTTF Funding) $ 52,061,647.00 $ 3,929,994.00 N/A $ 34,533.00 $ 340,533.00 $ 660,302.00 $ 206,933.00 $ 36,934.00 $1,266,903.00 $ 2,546,138.00
Totals-Page 2(Other Funding) $ 11,045,852.00 $ 9,057,750.00 NIA $1,346,888.00 $1,333,188.00 $1,491,989.00 $1,585,255.00 $ 367,100.00 $ 376,600.00 $ 6,501,020.00
Totals-Page 3(Administrative Cost Allowance) $ 250,000.00 $ 250,000.00 N/A $ - $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 250,000.00
Totals-Page 4(Pass Thru Payments) $ 73,308,086.00 $ 1,107,299.00 N/A $ 29,623.00 $ - $ - $ - $ - $1,077,676.00 $ 1,107,299.00
Grandtolal-AIIPages $ 63,357,499.00 $ 13,237,744.00 $1,381,421.00 $1,723,721.00 $2,202,291.00 $1,642,188.00 $ 454,034.00 $1,693,503.00 $10,404,457.00
' The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement that the
Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
" All totals due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc.
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
8
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(`)
Total Outstanding
Total Due During Funding Payable from Other Revenue Sources
Project Area Fiscal Year Source
ContracUAgreement 1 Debt or Obligation Payments by month
2011-2012"
Project Name/Debt Obligation Execution Date Payee Description Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 Jun 2012 Total
Ruben Castro Human Services
1) Center 03/21/2006 HMC Architects Architect MRP 182,000.00 164,000.00 Bonds 20,000.00 20,000.00 20,000.00 20,000.00 $ 80,000.00
Ruben Castro Human Services
2) Center 07/27/2011 RJR Engineering Civil Engineering MRP 23,000.00 23,000.00 Bonds 3,333.00 3,333.00 3,334.00 3,400.00 $ 13,400.00
Ruben Castro Human Services
3)Center 02/23/2011 Jensen Design&Survey Survey Services MRP 41,300.00 41,300.00 Bonds 4,000.00 5,700.00 6,000.00 4,000.00 $ 19,700.00
Ruben Castro Human Services
4)Center 02125/2011 Vertical V-BTC Labs Soils&Steel Inspections MRP 178,000.00 178,000.00 Bonds 22,000.00 9,000.00 13,000.00 13,000.00 14,000.00 $ 71,000.00
Ruben Castro Human Services
5)Center 06/02/2008 Barnhart Balfour Beatty Construction Management MRP 908,152.00 744,400.00 Bonds 93,000.00 93,000.00 93,000.00 93,000.00 $ 372,000.00
Ruben Castro Human Services
6)Center 06/0212011 Ky Spangler Project Administration MRP 31,200.00 24,600.00 Bonds 2,500.00 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00 $ 15,500.00
7) Ruben Castro Human Services 02/25/2011 Damar Construction Grading(Construction) MRP 273,000.00 182,000.00 Bonds 45,500.00 45,500.00 45,500.00 45,500.00 $ 182,000.00
Center
Ruben Castro Human Services
8)Center 02/2512011 Precision Plumbing Underground Utilities MRP 905,000.00 665,100.00 Bands 100,000.00 85,000.00 145,000.00 120,000.00 100,000.00 100,000.00 $ 650,000.00
Ruben Castro Human Services
9)Center 05/04/2011 Santa Clarita Concrete Concrete!CMU(Construction) MRP 1,835,900.00 1,835,000.00 Bonds 300,000.00 300,000.00 300,000.00 218,000.00 $ 1,118,000.00
10) Ruben Castro Human Services 03/25/2011 Steelcon,Inc. Steel framing(Construction) MRP 827,000.00 827,900.00 Bonds 100,000.00 89,000.00 121,200.00 $ 310,200.00
Center
11) Ruben Castro Human Services 03/07/2011 Best Contracting Roofing&Sheet metal roofing MRP 435,600.00 251,300.00 Bonds 50,000.00 50,000.00 75,000.00 75,000.00 $ 250,000.00
Center
12 Ruben Castro Human Services 04/12/2011 Standard D
Center rywall Drywall(Construction) MRP 2,130,000.00 1,395,400.00 Bonds 300,000.00 300,000.00 300,000.00 300,000.00 $ 1,200,000.00
13) Ruben Castro Human Services 04/12/2011 Environmental Heating HVAC(Construction) MRP 790,800.00 610,000.00 Bonds 90,500.00 90,500.00 90,500.00 90,500.00 $ 362,000.00
Center
14) Ruben Castro Human Services 03/25/2011 Taft Electric Company Electric(Construction) MRP 926,000.00 833,700.00 Bonds 120,000.00 140,000.00 150,000.00 200,000.00 $ 610,000.00
Center
15) Ruben Castro Human Services 11/16/2011 John Fisher Public Art MRP 140,000.00 96,600.00 Bonds 21,000.00 21,000.00 21,000.00 21,000.00 $ 84,000.00
Center
16) Ruben Castro Human Services 06/13/2011 Union Bank,NA FBO of Best Contracting Services- MRP 48,400 25,130 Bonds 5,000.00 5,000.00 7,500.00 7,500.00 $ 25,000.00
Center Retention for Roofing&Sheet metal roofing
17) Ruben Castro Human Services 06/09/2011 California Bank&Trust FBO of Standard Dry Wall-Retention for MRP 236,500 142,100 Bonds 30,000.00 30,000.00 30,000.00 30,000.00 $ 120,000.00
Center drywall
18) Ruben Castro Human Services 04/18/2011 Community West Bank FBO of Damar Construction-Retention for MRP 30,400.00 20,220.00 Bonds 5,055.00 5,055.00 5,055.00 5,055.00 $ 20,220.00
Center grading
19) Ruben Castro Human Services 03/29/2011 Reliable Floor Covering,Inc Flooring and ceramic flooring MRP 366,300.00 320,000.00 Bonds 70,000.00 70,000.00 80,000.00 100,000.00 $ 320,000.00
Center
20) Ruben Castro Human Services G4/11/2011 Center Glass Company Glass&glazing MRP 217,800.00 195,000.00 Bonds 45,000.00 50,000.00 50,000.00 50,000.00 $ 195,000.00
Center
21) Ruben Castro Human Services 04/12/2011 John Pence Building Specialties MRP 66,400.00 60,000.00 Bonds 10,000.00 20,000.00 20,000.00 10,000.00 $ 60,000.00
Center Specialties Inc.
22) Ruben Castro Human Services Center 03/30/2011 FYR Landscaping,Inc. Landscape&irrigation MRP 125,600.00 110,000.00 Bonds 25,000.00 25,000.00 30,000.00 30,000.00 $ 110,000.00
23) Ruben Castro Human Services 05/02/2011 K&Z Cabinet Co,Inc Finish carpentry&casework MRP 164,500.00 150,000.00 Bonds 20,000.00 30,000.00 50,000.00 50,000.00 $ 150,000.00
Center
24) Ruben Castro Human Services Ventura County Air Pollution Permits MRP 1,000.00 1,000.00 Bonds 500.00 500.00 $ 1,000.00
Center Control Distract
25) Ruben Castro Human Services County of Ventura&other gov't Permits and Fees MRP 120,000.00 120,000.00 Bonds 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 $ 120,000.00
Center agencies
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(`)
Total Outstanding
Total Due During Funding Payable from Other Revenue Sources
Contract/Agreement Project Area Fiscal Year Source
9 Debt or Obligation 2011-2012" '` Payments by month
Project Name/Debt Obligation Execution Date Payee Description Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 Jun 2012 Total
26) Harvey Various Theater Season MRP 20,000.00 20,000.00 Other 7,000.00 10,000.00 3,000.00 $ 20,000.00
27)The Music Man Various Theater Season MRP 17,000.00 17,000.00 Other 6,000.00 8,000.00 3,000.00 $ 17,000.00
28)One Act Plays Various Theater Season MRP 5,000.00 5,000.00 Other 2,000.00 1,500.00 1,500.00 $ 5,000.00
Totals-LMIHF
$0.00
Totals-Bond Proceeds $ 11,003,852.00 $ 9,015,750.00 Bonds $ 1,331,888.00 $ 1,315,188.00 $ 1,484,489.00 $ 1,585,255.00 $ 365,600.00 $ 376,600.00 $6,459,020.00
Totals-Other $ 42,000.00 $ 42,000.00 Other $ 15,000.00 $ 18,000.00 1$ 7,500.00 $ $ 1,500.00 $ - $42,000.00
Grandtotal-ThisPage $ 11,045,852.00 $ 9,057,750.00 $ 1,346,888.00 $ 1,333,188.00 $ 1,491,989.00 $ 1-75-85—,2-
,585,25500 $ 367,100.00 $ 376,600.00 11$ 6,501,020.00
The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a
requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
All total due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc.
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
10
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(`)
Payable from the Administrative Allowance Allocation
Total Due During
Total Outstanding Fiscal Year Funding Payments by month
Project Name/Debt Obligation Payee Description Project Area Debt or Obligation 2011-2012" Source" Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 Jun 2012 Total
1 Salary and Benefits Employees Salary and Benefits MRP 238,670.00 238,670.00 Admin 47,734.00 47,734.00 47,734.00 47,734.00 47,734.00 $ 238,670.00
2 Office Supplies varies Office Supplies MRP 630.00 630.00 Admin 126.00 126.00 126.00 126.00 126.00 $ 630.00
3 Publications/Subscription varies Publications/Subscription MRP 40.00 40.00 Admin 8.00 8.00 8.00 8.00 8.00 $ 40.00
4 Mileage Reimbursement Employees Mileage Reimbursement MRP 80.00 80.00 Admin 16.00 16.00 16.00 16.00 16.00 $ 80.00
5 Postage U.S.Postal Service/Fed Ex Postage MRP 80.00 80.00 Admin 16.00 16.00 16.00 16.00 16.00 $ 80.00
6),Printing PostNet and varies Printing MRP 80.00 80.00 Admin 16.00 16.00 16.00 16.00 16.00 $ 80.00
7 Advertisinq varies Advertising MRP 130.00 130.00 Admin 26.00 26.00 26.00 26.00 26.00 $ 130.00
8 Contractual Services varies Contractual Services MRP 10,000.00 10,000.00 Admin 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 $ 10,000.00
9 Office Equipment Maintenance varies Office Equipment Maintenance MRP 290.00 290.00 Admin 58.00 58.00 58.00 58.00 58.00 $ 290.00
10 $
11 $
12), $
13 $
14 $
15 $
16 $
17 $
18 $
19 $
20 $
21 $
22 $
23 $
24 $
25). $
26) $
27 $
28 $
$
$
Totals-This Page I $ 250,000.00 $ 250,000.00 $ $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $250,000.00
` The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April
15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
" All total due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc.
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
Administrative Cost Allowance caps are 5%of Form A 6-month totals in 2011-12 and 3%of Form A 6-month totals in 2012-13. The calculation should not factor in pass through payments paid for with RPTTF in Form D.
IZ
Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM D-Pass-Through Payments
Project Area(s) Moorpark Redevelopment Project (MRP)
OTHER OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(')
Total Due During Source of
Pass Through and Other Payments—
Total Outstanding Fiscal Year Payments by month
Debt or Obligation 2011-2012" Fund"`
Project Name/Debt Obligation Payee Description Project Area Jan 2012 Feb 2012 Mar 2012 Apr 2012 May 2012 Jun 2012 Total
1) Pass-Thru Agreement County of Ventura Pass-Thru Agreement MRP 71,275,412.00 1,076,596.00 RPTTF 1,076,596.00 $ 1,076,596.00
2) Pass-Thru Agreement Ventura County pass-Thru Agreement MRP 1,961,173.00 29,623.00 RPTTF 29,623.00
Community College District $ 29,623 00
3) pass-Thru Agreement Ventura County pass-Thru Agreement MRP 71,501.00 1,080.00 RPTTF
Superintendent of Schools 1,080.00 $ 1,080.00
4) $
5) $
6)
7) $
8)
9) $
10) $
12) $
13) $
14)
15) $
$
$
$
Totals-Other Obligations $ 73,308,086.00 $ 1,107,299.00 $ 29,623.00 $ $ $ $ $ 1,077,676.00 $ 1,107,299.00
The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of
Finance by April 15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
" All total due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc.
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
-Only the January through June 2012 ROPS should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through payments prior to
transferring money into the successor agency's Redevelo ment Obligation Retirement Fund for items listed in an oversight board approved ROPS.
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED
FILED FOR THE July 1St to December 31St, 2012 PERIOD
Name of Successor Agency CITY OF MOORPARK
Current
Total Outstanding Total Due
Debt or Obligation During Fiscal Year
Outstanding Debt or Obligation $ 51,159,947.00 $ 3,124,953.00
Total Due for Six Month Period
Outstanding Debt or Obligation $ 3,433,453.00
Available Revenues other than anticipated funding from RPTTF $ 708,400.00
Enforceable Obligations paid with RPTTF $ 2,600,053.00
Administrative Cost paid with RPTTF $ 125,000.00
Pass-through Payments paid with RPTTF $ -
Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not
include pass-through payments made with RPTTF. The RPTTF Administrative Cost figure above should not exceed this
Administrative Cost Allowance figure) $ 250,000.00
Certification of Oversight Board Chairman: D
Pursuant to Section 34177(1) of the Health and Safety code,
I hereby certify that the above is a true and accurate Recognized Name Title
Enforceable Payment Schedule for the above named agency. 0
Signature Date
M
Z
Loi
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM A-Redevelopment Property Tax Trust Fund(RPTTF)
ProjectArea(s) Moorpark Redevelopment Project (MRP)
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(')
Payable from the Redevelopment Property Tax Trust Fund(RPTTF)
Contract/Agreement Total Due During Payments by month
Total Outstanding Fiscal Year Funding
Project Name/Debt Obligation Execution Date Payee Description Project Area Debt or Obligation 2012-2013" Source Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
1 1999 Tax Allocation Bonds 05101/1999 Bank of New York Bond Principal 8 Interest Payments MRP 6,030,082.00 754,506.00 RPTTF 658,956.00 95,550.00 $ 754,506.00
2 2001 Tax Allocation Bonds 12/12/2001 Bank of New York Bond Principal&Interest Payments MRP 20,359,572 001 606,319.00 RPTTF 313,382.00 292,937.00 $ 606,319.00
3 2006 Tax Allocation Bonds 12/1312006 Bank of New York Bond Principal&Interest Payments MRP 23,545,793.00 539 628.00 RPTTF 287,631.00 251,997.00 $ 539,628.00
4 Bond Trustee 05/01/1999 Bank of New York Trustee services MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
5 Bond Disclosures 04/12/2007 Urban Futures Bond Disclosure MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
6 Bond Arbitrage Calks 10/13/2009 SondLo istix Bond Arbitrage Calks MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
7 Le al Counsel 07101/2007 Burke Williams Sorensen Legal Services MRP 60,000.00 60,000.00 RPTTF 5,000.00 5,000.00 5,000.00 5,000.00 51000.00 5,000.00 $ 30,000.00
Aszkenazy Disposition and 01/26/2011 Removal of Structures and Intersection Improvements per
8 Development Agreement TBD DDA MRP 500,000.00 500,000.00 RPTTF 400,000.00 100,000.00 $ 500,000.00
9 High Street Fueling Station TBD Removal of underground storage tanks MRP 125,000.00 125,000.00 RPTTF 125,000.00 $ 125,000.00
10)Property Maintenance TBD Maintain properties MRP 10,000.00 10,000.00 RPTTF 3,500.00 500.00 500.00 500.00 $ 5,000.00
11 Record Oversight Board Meetings 09/21/2011 Reel Life Pictures Record Oversight Board Meetings MRP 12,000.00 12,000.00 RPTTF 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 $ 6,000.00
12 Oversigh Committee Packets PostNet Printing Oversight Committee packets MRP 7,200 00 7,200.00 RPTTF 600.00 600.00 600.00 60000 600.00 600.00 $ 3,600.00
13
14 $
15). $
16 $
17 $
18
19 $
20 $
21 $
22). $
23 $
24 $
25 $
26 $
27 $
28 $
29), $
30 $
31 $
32) $
Totals-ThisPage(RPTTFFunding) $ 50,679,647.00 $ 2,644,653.00 N/A $ 10,100.00 $ 131,600.00 $1,667,069.00 $ 107,100.00 $ 37,100.00 $ 647,084.00 $ 2,600,053.00
Totals-Page 2(Other Funding) $ 230,300.00 $ 230,300.00 N/A $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 700,600.00 $ $ $ 708,400.00
Totals-Page 3(Administrative Cost Allowance) $ 250,000.00 $ 250,000.00 N/A $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,830.00 $ 125,000.00
Totals-Page 4(Pass Thru Payments) $ $ N/A $ g g g is g $
Grand total-All Pages 11$ 51,159 04200 $ 3 712-4—,9-5-3-0-0]1 $ 33,534.00 $ 155,034.00 $1,69Q503A0 $ 828,534.00 $ 57,934.00 $ 667,914.00 $ 3,433,453.00
The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement that the
Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
All totals due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
14
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(')
Payable from Other Revenue Sources
Contract/Agreement
Total Due During Funding Payments by month
Total Outstanding Fiscal Year Source
Project Name/Debt Obligation Execution Date Payee Description FProtect Deb t or Obli ation 2012-2013" "' Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
Ruben Castro Human Services
1Center 03/21/2006 HMCArchitects Architect 182,000.00 5,400.00 Bonds 1,800.00 1,800.00 1,800.00 $ 5,400.00
Ruben Castro Human Services
2)Center 07/27/2011 RJR Engineering Civil Engineering MRP 23,000.00 1,200.00 Bonds 500.00 500.00 200.00 $ 1,200.00
Ruben Castro Human Services
3)Center 02/23/2011 Jensen Design&Survey Survey Services MRP 41,300.00 2,000.00 Bonds 800.00 800.00 400.00 $ 2,000.00
Ruben Castro Human Services
4)Center 02/25/2011 Vertical V-BTC Labs Soils&Steel Inspections MRP 178,000.00 9,000.00 Bonds 3,600.00 3,600.00 1,800.00 $ 9,000.00
Ruben Castro Human Services
5)Center 06/02/2008 Barnhart Balfour Beatty Construction Management MRP 908,152.00 136,200.00 Bonds 45,400.00 45,400.00 45,400.00 $ 136,200.00
Ruben Castro Human Services
6)Center 06/0212011 Ky Spangler Project Administration MRP 31,200.00 15,600.00 Bonds 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00 $ 15,600.00
Ruben Castro Human Services
7)Center 02125!2011 Damar Construction Grading(Construction) MRP 273,000.00 41,100.00 Bonds 13,700.00 13,700.00 13,700.00 $ 41,100.00
Ruben Castro Human Services
8)Center 02/2512011 Precision Plumbing Underground Utilities MRP 905,000.00 135,900.00 Bonds 45,300.00 45,300.00 45,300.00 $ 135,900.00
Ruben Castro Human Services
9)Center 05/04/2011 Santa Clarita Concrete Concrete/CMU(Construction) MRP 1,835,900.00 275,400.00 Bonds 91,800.00 91,800.00 91,800.00 $ 275,400.00
10)Ruben Castro Human Services 04/12/2011 Environmental Heating HVAC(Construction) MRP 790,800.00 23,700.00 Bonds 7,900.00 7,900A0 7,900.00 $ 23,700.00
Center
11) Ruben Castro Human Services 03/25/2011 Taft Electric Company Electric(Construction) MRP 926,000.00 27,900.00 Bonds 9,300.00 9,300.00 9,300.00 $ 27,900.00
Center
12) Ruben Castro Human Services 04/12/2011 John Pence Building Specialties MRP 66,400.00 3,300.00 Bonds 1,300.00 1,300.00 700.00 $ 3,300.00
Center Specialties Inc
13) Ruben Castro Human Services 03/3012011 FYR Landscaping,Inc. Landscape 8 irrigation MRP 125,600.00 18,900.00 Bonds 6,300.00 6,300.00 6,300.00 $ 18,900.00
Center
Ruben Castro Human Services
14)Center varies Dedication plaque,momentos,ceremony MRP 5,000.00 5,000.00 Bonds 5,000.00 $ 5,000.00
15)
16)
17)
18)
19)
20)
21)
22)
23)
Totals-LMIHF $0.00
Totals-Bond Proceeds $ 6,291,352.00 $ 700,600.00 Bonds $ 230,300.00 $ 230,300.00 $232,200.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 700,600.00
Totals-Other L $0.00
Grand total-This Page $ 6,291,352.00 $ 700,600.00 $ 230,300.00 $ 230,300.00 $232,200.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 700 600.00
The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement
that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
" All total due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) 1 5
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(`)
Payable from the Administrative Allowance Allocation
Total Due During Payments by month
Total Outstanding Fiscal Year Funding
Project Name/Debt Obligation Payee Description Project Area Debt or Obligation 2012-2013" Source" Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
1),Salary and Benefits Employees Salary and Benefits MRP 237,250.00 237,250.00 Admin 19,771.00 19,771.00 19,771.00 19,771.00 19,771.00 19,767.00 $ 118,622.00
2 Office Supplies varies Office Supplies MRP 1,000.00 1,000.00 Admin 83.00 83.00 83.00 83.00 83.00 83.00 $ 498.00
3 Publications/Subscription varies Publications/Subscription MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
4 Mileage Reimbursement Employees Mileage Reimbursement MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 1 21.00 21.00 $ 126.00
5 Postage U.S.Postal Service!Fed Ex Postage MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
6 Printing PostNet and varies Printing MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
7)lAdvertising varies Advertising MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
8 Contractual Services varies Contractual Services MRP 10,000.00 10,000.00 Admin 83100 833.00 833.00 833.00 833.00 833.00 $ 4,998.00
9 Office Equipment Maintenance varies Office Equipment Maintenance MRP 500.00 500.00 Admin 42.00 42.00 42.00 42.00 42.00 42.00 $ 252.00
10 $
11 $
12 $
13 $
14 $
15 $
16 $
17 $
18 $
19 $
20 $
21 $
22 $
23 $
24 $
25 $
26) $
27 $
28 $
Totals-This Page $ 250,000.00 $ 250,000.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,830.00 $125,000.00
` The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April
15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
- All total due during fiscal year and payment amounts are projected.
-Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
" -Administrative Cost Allowance caps are 5%of Form A 6-month totals in 2011-12 and 3%of Form A 6-month totals in 2012-13. The calculation should not factor in pass through payments paid for with RPTTF in Form D.
16
Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM D-Pass-Through Payments
Project Area(s) Moorpark Redevelopment Project (MRP)
OTHER OBLIGATION PAYMENT SCHEDULE
Per AB 26-Section 34177(')
Pass Through and Other Payments—
Total Due During Payments by month
Total Outstanding Fiscal Year Source of
Project Name/Debt Obligation Payee Description Project Area Debt or Obli ation 2012-2013** Fund*** Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
1 NOT APPLICABLE $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
12 $
13 $
14 $
15 $
$
$
$
$
ITotals-Other Obligations $ $ $ $ $ $ $ $ $ $
* The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of
Finance by April 15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
" All total due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
-Only the January through June 2012 ROPS should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through payments prior to
transferring money into the successor agency's Redevelo ment Obligation Retirement Fund for items listed in an oversight board approved ROPS.
17
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY ITEM 8.D.
OF THE CITY OF MOORPARK MEETING
of
ACTION:
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe II, Redevelopment Manager
DATE: March 23, 2012 (Meeting of 4/17/12)
SUBJECT: Consider Adopting an Administrative Budget as Required by ABX1 26
for the Successor Agency of the Redevelopment Agency of the City of
Moorpark
BACKGROUND & DISCUSSION
On June 29, 2011, as part of adopting the State of California Fiscal Year (FY) 2011-12
budget, the Governor signed two trailer bills, ABX1 26 ("Dissolution Act") and ABX1 27
("Voluntary Alternative Redevelopment Program"), into law. The legislation became
effective on June 29, 2011. The California Redevelopment Association and League of
California Cities sued the State of California on the grounds that ABX1 26 and 27 were
unconstitutional. The California Supreme Court upheld ABX1 26 and declared ABX1 27
unconstitutional. This ruling eliminated redevelopment agencies throughout California.
On January 4, 2012, the City of Moorpark ("City") confirmed the fact that the City will
serve as the Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency").
On March 21 , 2012, the Successor Agency adopted an administrative budget for the
oversight board's approval and to pay administrative expenses for the period of
February 1 , 2012 —June 30, 2012, consistent with Attachment 1 .
Pursuant to Section 34171 of the Health and Safety Code, an administrative cost
allowance is payable from property tax revenues of up to 5% of the allocated tax
increment to the successor agency in FY 2011/12 and 3% annually thereafter; however,
the amount permitted for administrative expenses shall not be less than $250,000.00 for
any fiscal year unless agreed to by the Successor Agency. The Successor Agency
shall receive $250,000.00 for administrative expenses. Any staff time associated with
finishing existing projects and selling the assets does not apply to the administrative
cap.
18
Oversight Board
April 17, 2012
Page 2
Staff recommends adopting the attached Administrative Budget ("Attachment 1") for the
period of February 1 , 2012 — June 30, 2012.
STAFF RECOMMENDATION (ROLL CALL VOTE)
Adopt Administrative Budget for the Successor Agency of the Redevelopment Agency
of the City of Moorpark for the time period of February 1 , 2012 to June 30, 2012.
Attachment 1 Administrative Budget
19
Attachment 1
Successor Agency of the former Redevelopment Agency of the City of Moorpark
Administrative Budget 2/1/2012 - 6/30/2012
Period Funding Sources
2/1/12- Tax Bond Low/Mod Reserve Red. Property
Expense 6/30/12 Increment Proceeds Housing Fund Balance Tax Trust Fund Detail
Salary, Benefits and
Overhead 238,670.00 238,670.00
Office Supplies 630.00 630.00 Paper, Pens, Ink Cartridges
Publications & Various Successor Agency
Subscriptions 40.00 40.00 Publications
Mileage Allowance- RDA
Mileage Reimbursement 80.00 80.00 Manager
Postage 80.00 80.00 Mailings
Printing 80.00 80.00 Printing and Copying
Advertising 130.00 130.00 Notices in Newspaper
Miscellaneous Consultant
Contractual Services 10,000.00 10,000.00 Services
Maintaining Existing ice
Office Equipment Maint. 290.00 290.00 jEcluipment
Total: 250,000.00 250,000.00
N
O
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY ITEM 8.E.
OF THE CITY OF MOORPARK MEETING
of
ACTION:
r-
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY
AGENDA REPORT
TO: Oversight Board to Successor Agency
From: David C. Moe II, Redevelopment Manager
Date: March 26, 2012(Meeting of 4/17112)
Subject: Consider Lease Agreement between the Successor Agency to the
Redevelopment Agency of the City of Moorpark and Tom Lindstrom
RV Sales, Inc.
BACKGROUND AND DISCUSSION
The Redevelopment Agency of the City of Moorpark ("Agency") acquired 500 West Los
Angeles Avenue, Assessor Parcel No. 506-0-050-080 ("Property"), for redevelopment
purposes. The Property is a vacant lot located within the former Moorpark
Redevelopment Project Area. The Property was transferred to the City of Moorpark
("City") but has subsequently been transferred to the Successor Agency to the
Redevelopment Agency of the City ("Successor Agency"). This is the site of the former
Caltrans Yard.
At a Special City Council Meeting on September 14, 2011, the City Council approved a
five year and fourth month lease agreement between the City of Moorpark and Tom
Lindstrom RV Sales Inc. ("Lindstrom") to conduct RV sales on the Property. On
September 27, 2012, the Planning Commission approved a Conditional Use Permit
allowing Lindstrom to utilize the Property for recreation vehicle sales. However, due to
the uncertainty of the disposition of Property and ABx1 26, Lindstrom did not execute
the lease. As of February 1, 2012, the Property is now an asset of the Successor
Agency.
Lindstrom has approached the City about a short term lease agreement of the Property
to conduct recreational vehicle sales. Staff has negotiated and executed a lease
agreement with Lindstrom. Lindstrom shall use the Property for RV Sales only; no
servicing, storage, or sale of commercial vehicles is allowed. Lindstrom may take items,
such as other recreational vehicles, cars, or light trucks for trade-in purposes and may
sell these items on the Property, provided that cars or light trucks do not exceed 10% of
the inventory on the site. The lease agreement term is for three months with an option
to extend for an addition three months. The monthly rent is $2,000 per month beginning
21
Oversight Board
April 17, 2012
Page 2
in April 1, 2012. Lindstrom will be responsible for all utilities and trash service to the
property. If Lindstrom wishes to continue to occupy the Property after the term and
extension of the lease agreement, a new lease agreement will need to be negotiated
and approved by the Oversight Board.
Lindstrom has applied and received a Temporary Use Permit ("TUP") from the City to
occupy the Property for his intended use. The period of time for the TUP is three
months with one, three month extension. The term of the lease agreement mirrors the
period of time under the TUP allowing Lindstrom to occupy the Property. Lindstrom is
currently occupying the Property as of April 1, 2012.
Staff recommends approving the lease agreement between the Successor Agency and
Lindstrom for the Property.
FISCAL IMPACT
The lease agreement is not anticipated to produce a net cost to the Successor Agency.
It is projected that the Successor Agency will receive $6,000 in rent revenue during the
term of the lease and an additional $6,000 if the three month extension is exercised.
STAFF RECOMMENDATION
Approve Lease Agreement between the Successor Agency to the Redevelopment
Agency of the City of Moorpark and Tom Lindstrom RV Sales Inc.
ATTACHMENT I: Lease Agreement
22
Attachment I
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into as of this
day of rn , 2012, by and between the Successor Agency to the
'Redevelopment Agency of the City of Moorpark, a municipal corporation, the Lessor
(hereinafter the "Successor Agency"), and Tom Lindstrom RV Sales, Inc., a California
corporation, (hereinafter the "Tenant).
THE PARTIES AGREE THAT:
SECTION 1. PROPERTY LEASED
Successor Agency, in consideration of the rents herein agreed to be paid and of
the indemnifications, . covenants, and agreements agreed to herein, hereby
leases to Tenant, and Tenant hereby leases from the Successor Agency, that
certain real property known as 500 Los Angeles Avenue, Moorpark, California,
(hereinafter referred to as the "Premises"). The Premises is a vacant lot
consisting of approximately two (2) acres.
SECTION 2. TERM
The term of this Lease shall commence on the 1st day of April 2012, and all
terms and conditions of the Lease shall continue for ninety (90) days.
Successor Agency's obligations hereunder shall be contingent upon Tenant's
payment in full of any obligations described in Section 5 below, and Tenant's
complying with all other provisions set forth herein.
SECTION 3. OPTION TO EXTEND
Tenant has an option to extend the term of this Lease for an additional ninety
(90) days.
SECTION 4. HOLDING OVER
It is further agreed that if Tenant shall retain possession of the Premises beyond
the original term of this Lease or any extension thereof, without the express
written consent of the Successor Agency, Tenant shall continue to be Tenant
from month-to-month during such hold-over period.
Tenant shall be subject to all of the terms, covenants and conditions of this
Lease, including the obligation to pay rent during any such hold-over period, at
the rate specified in Section 5 plus ten percent (10%), hereof, or as may be
adjusted pursuant to the Lease.
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SECTION 5. RENT
Beginning on April 1, 2012, and continuing to June 30, 2012, Tenant shall pay
Successor Agency, without abatement, deduction or offset, rent in the amount of
two thousand dollars ($2,000.00) per month payable in advance on or before the
first day of each month.
Tenant shall be liable for Monthly Rent. A late rent charge equal to ten percent
(10%) of the Monthly Rent shall be added to any payment of rent received five
(5) days or more after the due date for rent payment stated herein or when a
deficient check has been given for rent payment. The late rent charge shall
continue at ten percent (10%) for each month thereafter that the late payment
has not been paid.
Tenant will pay the Successor Agency two thousand dollars ($2,000.00), as a
security deposit. This security deposit shall not be considered as payment for
rent for any month, including the last month of tenancy.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
Tenant shall indemnify, defend with legal counsel approved by Successor
Agency and hold harmless Successor Agency and its officers, employees,
servants and agents from and against any and all claims, actions, liabilities,
losses, damages, costs, attorneys' fees, and other expense of any nature for loss
or damage to property, or injury to or death of persons, arising in any manner
whatsoever, directly or indirectly, by reason of this Lease or the use or
occupancy of the Premises by Tenant, vendors, invitees, whether any such claim
be made during tenancy or thereafter, except such loss, damage, injury or death
caused by the sole negligence of Successor Agency or any of its officers,
employees, servants, or agents.
SECTION 7. NOTICE OF NON-ELIGIBILITY FOR RELOCATION BENEFITS
Please read this notification carefully prior to signing this agreement and moving
into the property. The Redevelopment Agency of the Successor Agency of
Moorpark ("Agency") acquired the property located at 500 Los Angeles Avenue
for redevelopment purposes and subsequently transferred it to the Successor
Agency per ABx1 26. As a post-acquisition tenant, you will not be eligible for
relocation benefits under the federal and state law. This notice is to inform you of
the following information before you enter into any lease agreement and
occupy a unit at the above address:
1. You may be displaced at the end of lease term.
2. You may be subject to a rent increase upon lease renewal or option to
extend the lease term.
3. You will not be entitled to any relocation benefits.
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If you have to move or your rent is increased, you will not be reimbursed for any
such rent increase or for any costs or expenses incurred by you in connection
with a move. Should state law change, Tenant agrees to waive any and all
claims for relocation benefits.
SECTION 8. USE
Tenant shall use the Premises for recreational vehicle sales only; no servicing,
dumping, storage, or sales of commercial vehicles shall be allowed. Tenant may
take cars, light trucks, and other recreational vehicles for trade in purposes and
may sell these items on the Premises. However, at no time may the inventory of
vehicles for sale on the Premises exceed 10% cars and light trucks. The
Premises shall not be used for any other purpose, except with the prior written
consent of the Successor Agency, which Tenant agrees may be withheld by the
Successor Agency at their sole and absolute discretion.
SECTION 9. UTILITIES
Tenant agrees to pay all monthly service charges for electric current, gas, sewer
and trash removal, and any other utilities which may be furnished to or used
upon the Premises by Tenant during this Lease. It is further agreed that in the
event Tenant shall fail to pay the above mentioned charges when due,
Successor Agency shall have the right to pay the same on demand, together with
any interest thereon and any other fees that may be owed. The Successor
Agency shall be reimbursed by Tenant within five (5) days of notice from
Successor Agency for the amount of payment plus any interest or fees, with an
additional fifteen percent (15%) administrative fee. Failure to pay monthly service
charges for any above-mentioned utility in a timely fashion shall be cause for
termination of this Lease.
SECTION 10. TAXES, ASSESSMENTS, AND LIENS
Tenant shall pay directly to the tax collector, when due, all taxes and
assessments which may be levied against Tenant's possessory interest in the
Premises and upon all improvements and personal property which are located on
the Premises. Within five (5) days after the date when any tax or assessment
would become delinquent, Tenant shall serve upon Successor Agency receipts
or other appropriate evidence establishing the payment.
Tenant shall keep the Premises and improvements free from all liens and
encumbrances by reason of the use or occupancy of the Premises by Tenant. If
any liens or encumbrances are filed thereon, Tenant shall remove the same at
their own cost and expense and shall pay any judgment and penalties which may
be entered thereon. Should Tenant fail, neglect, or refuse to do so, Successor
Agency shall have the rights to pay any amount required to release any lien or
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encumbrance or to defend any action brought thereon, and to pay any judgment
or penalty, and Tenant shall be liable to Successor Agency for all costs,
damages, and attorneys' fees, and any amounts expended in defending any
proceedings, or in the payment of any lien, encumbrance, judgment, or penalty.
Successor Agency may post and maintain upon the Premises notices of non-
responsibility as provided by laws. Upon demand by Successor Agency, Tenant
shall post the bond contemplated by Civil Code Section 3143.
SECTION 11. INSTALLATION BY TENANT
Tenant shall not make any alterations, additions, or improvements upon the
Premises without the prior written consent of the Successor Agency. Any
alterations, or additions or improvements installed or caused to be installed to the
site, or any fencing, exterior lighting, or any other improvements on the Premises
(collectively "Installations") shall be solely at Tenant's cost and is not
reimbursable by the Successor Agency at any time, including at the time of
termination of the Lease by either the Tenant or Successor Agency. All
alterations, additions and improvements shall be temporary in nature and done in
a good and workmanlike manner and diligently prosecuted to completion, and
shall be performed and maintained in strict accord with all federal, state, county,
and local laws, ordinances, codes, standards, and requirements relating thereto.
Unless otherwise expressly agreed to by the Successor Agency, any alterations,
additions and improvements shall remain on and be surrendered with the
Premises upon the expiration or termination of this Lease. Tenant agrees to and
shall indemnify, defend, and save Successor Agency free and harmless against
all liability, loss, damage, costs, attorneys' fees, and other expenses of any
nature resulting from any Tenant alterations, additions, or improvements to the
Premises.
SECTION 12. REMEDIES
In case of the failure or refusal of Tenant to comply with and perform each and all
of the terms and covenants on their part herein contained, this Lease and all
rights hereby given shall, at the option of the Successor Agency, cease and
terminate, and the Successor Agency shall have the right forthwith to remove
Tenant's personal property from the Premises at the sole cost, expense and risk
of Tenant, which cost and expense Tenant agrees to pay to Successor Agency
upon demand, together with interest thereon at the maximum rate allowed by law
from the date of expenditure by Successor Agency. Such action shall be
preceded by 30 day written notice.
SECTION 13. MAINTENANCE
Tenant has examined the Premises and accepts it in its existing condition.
Throughout the term of this Lease Tenant shall, at Tenant's sole cost and
expense, maintain the Premises and all improvements thereon in good order,
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condition, and repair and in accordance with all applicable statutes, ordinances,
rules, and regulations. Tenant shall immediately report any problems with the
Premises to David C. Moe II, Property Manager, at (805) 517-6217. Successor
Agency shall not be obligated to repair or maintain the Premises or
improvements in any manner throughout the term of the Lease.
Successor Agency may elect to perform any obligation of Tenant pursuant to this
Section due to Tenant's failure or refusal to do so and at Tenant's waiver of any
rights or remedy for Tenant's default. Tenant shall reimburse Successor Agency
for the cost and expense they incurred in the performance of Tenant's obligation
within fifteen (15) days of Successor Agency's request for payment, plus any
interest or fees, with an additional fifteen percent (15%) administrative. fee.
Should Successor Agency perform any of the foregoing, such services shall be at
the sole discretion of Successor Agency, and the performance of such services
shall not be construed as an obligation or warranty by Successor Agency of the
future or ongoing performance of such services. Failure to maintain.Premises as
outlined herein shall be considered grounds for termination of this Lease.
Tenant shall also indemnify, defend with legal counsel approved by Successor
Agency and hold harmless Successor Agency and its officers, employees,
servants and agents from and against all claims, actions, liabilities, losses,
damages, costs, attorneys' fees, and other expenses of any nature for loss or
damage to property, or injury to or death of persons, arising in any manner
whatsoever, directly or indirectly, from Tenant's performance pursuant to this
Section. The indemnification, legal defense and hold harmless provisions of this
Lease shall survive the termination of the tenancy.
SECTION 14. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides on the Premises only in strict
accordance with all.applicable statutes, ordinances, rules and regulations. Such
pesticides and herbicides shall be limited to those that are permitted for
residential housing units.
SECTION 15. HAZARDOUS MATERIALS INDEMNITY
As used in this Section, Hazardous Materials means any substance, product,
waste, or other material of any nature whatsoever which is or becomes listed,
regulated or addressed pursuant to: (1) the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C.,
Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C.,
Section 6901, et seq.; the Substances Control Act, 15 U.S.C., Section 2601, et
seq.; the Clean Water Act, 33 U.S.C. Section 1251, et seq.; the California
Hazardous Waste Control Act, Health and Safety Code Section 25100, et seq.;
the California Hazardous Substance Account Act, Health and Safety Code
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Section 25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California
Health and Safety Code Section 25280, et seq. (Underground Storage of
Hazardous Substances); the California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et seq.; California Health and Safety
Code Section 25501, et seq.; (Hazardous Materials Response Plans and
Inventory); or the Porter-Cologne Water Quality Control Act, Water Code Section
13000, et seq. all as amended, (2) any other federal or state law or any local law
regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, as now is, or at
any time hereafter may be, in effect, and (3) any rule or regulation adopted or
promulgated under or pursuant to any of said laws.
If Tenant receives any notice, whether oral or written, of any inquiry, test,
investigation, enforcement proceeding, environmental audit, or the like regarding
any Hazardous Material on the Premises, Tenant shall immediately serve
Successor Agency with a copy of such notice.
In no case shall Tenant cause or allow the deposit or disposal of any such
substance on the Premises. However, household products necessary for routine
cleaning and maintenance of the Premises may be kept on the Premises in
quantities reasonable for current needs.
The provisions of this Section shall survive the termination of the tenancy and
shall relate back to all periods of Tenant's possession of the Premises. The
provisions of this Section are intended to operate as an agreement pursuant to
Section 107(e) of CERCLA, 42 U.S.C. Section 9707(e), and California Health
and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify
Successor Agency from any liability pursuant to such law.
SECTION 16. NO WARRANTIES BY SUCCESSOR AGENCY
Except as contained in Section 11, the Premises are accepted by Tenant in an
"as is" condition and without any representation or warranty,by Successor
Agency as to the condition of the Premises or as to fitness of the Premises for
Tenant's use.
SECTION 17. CASUALTY INSURANCE
Successor Agency shall not be obligated to keep the Premises and the
improvements thereon insured against any insurable risk; nor shall Successor
Agency insure Tenant for any personal injury or property damage. Tenant hereby
and forever waives all right to claim or recover damages from Successor Agency
in any amount as the result of any damage to the Premises or any improvement
thereon or as a result of any injury to any person upon the Premises.
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SECTION 18. INSURANCE
Tenant 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. The policy shall name Tenant as the insured and the
Successor Agency to the Redevelopment Agency of the City of Moorpark as
additional insured.
SECTION 19. GOVERNING LAW
Tenant agrees that in the exercise of their rights under this Lease; Tenant shall
comply with all applicable federal, state, county and local laws and regulations in
connection with its use of the Premises. The existence, validity, construction,
operation and effect of this Lease and all of its terms and provisions shall be
determined in accordance with the laws of the state of California.
SECTION 20. ENTRY BY SUCCESSOR AGENCY
During the tenancy, Successor Agency may enter the Premises upon not less
than 24 hours advance notice and Tenant shall make the Premises available
during normal business hours to the Successor Agency's authorized agent or
representative for the purpose of; (1) to show the premises to prospective or
actual purchasers, mortgagee, tenants, workmen, or contractors, (2) to make
necessary or agreed repairs, decorations, alterations, or improvements, and (3)
at all reasonable times to examine the condition thereof, including its
environmental condition. In an emergency, Successor_ Agency's agent or
authorized representative may enter the premises at any time without securing
prior permission from Tenant.
SECTION 21. ASSIGNMENT AND SUBLETTING
No portion of the Premises or of Tenant's interest in this Lease shall be
transferred by way of sublease, assignment or other voluntary or involuntary
transfer or encumbrance, without the prior written consent of the Successor
Agency. Such consent shall be at Successor Agency's sole discretion
Any transfer without consent shall be void, and shall, at the option of the
Successor Agency, terminate this Lease.
SECTION 22. DEFAULT OR BREACH
Except as otherwise provided, at any time one party to this Lease is in default or
breach in the performance of any of the terms and conditions of this Lease, the
other party shall give written notice to remedy such default or breach. If the
default or breach is remedied within thirty (30) days following such notice, then
this Lease shall continue in full force and effect. If such default or breach is not
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remedied within thirty (30) days following such notice or if the nature of the
default is such that it cannot reasonably be cured within thirty (30) days, if Tenant
fail to commence to cure within the thirty (30) day period, the other party may, at
its option, terminate this Lease. Such termination shall not be considered a
waiver of damages or other remedies available to either party because of such
default or breach. Each term and condition of this Lease shall be deemed to be
both a covenant and a condition.
SECTION 23. INSOLVENCY OR BANKRUPTCY
If Tenant shall be adjudged bankrupt or insolvent, this Lease shall thereupon
immediately terminate and the same shall not be assignable by any process of
law, or be treated as an asset of the Tenant under such adjudication, nor shall it
pass under the control of any trustee or assignee by virtue of any process in
bankruptcy or insolvency, or by execution or assignment for the benefit of
creditors. If any such event occurs, this Lease shall immediately become null and
void and of no effect, and Successor Agency may thereupon repossess said
Premises and all rights of the Tenant thereupon shall cease and terminate.
SECTION 24. DISPOSSESSION
In the event Tenant is lawfully deprived of the possession of the Premises or any
part thereof, at any time during the tenancy, by anyone other than Successor
Agency, they shall notify Successor Agency in writing, setting forth in full the
circumstances in relation thereto. Upon receipt of said notice, Successor Agency
may, at its option, either install Tenant in possession of the Premises or
terminate the tenancy and refund to Tenant the pro rata amount of any pre-paid
rent. No claim for damages or whatsoever kind or character incurred by Tenant
by reason of such dispossession shall be chargeable against Successor Agency.
SECTION 25. CONDEMNATION
If the whole of the Premises should be taken by a public authority under the
power of eminent domain, then the term of this Lease shall cease on the day of
possession by the public authority. If only a part of the Premises should be taken
under eminent domain, Tenant shall have the right to either terminate this Lease
or to continue. in possession of the remainder of the Premises. If Tenant remain
in possession, all of the terms hereof shall continue in effect, the rental payable
being reduced proportionately for the balance of the Lease term. If a taking under
the power of eminent domain occurs, those payments attributable to the
leasehold interest of the Tenant shall belong to the Tenant, and those payments
attributable to the reversionary interest of the Successor Agency shall belong to
the Successor Agency.
$ 30
SECTION 26. WAIVER
A waiver by either party of any default or breach by the other party of any
provision of this Lease shall not constitute or be deemed to be a waiver of any
subsequent or other default or breach. No waiver shall be binding, unless
executed in writing by the party making the waiver. No waiver, benefit, privilege,
or service voluntarily given or performed by either party shall give the other party
any contractual right by custom, estoppel, or otherwise. The subsequent
acceptance of rent pursuant to the Lease shall not constitute a waiver of any
preceding default or breach by Tenant other than default in the payment of the
particular rental payment so accepted, regardless of Successor Agency's
knowledge of the preceding default or breach at the time of accepting the rent;
nor shall acceptance of rent or any other payment after termination of the
tenancy constitute a reinstatement, extension, or renewal of the Lease or
revocation of any notice or other act by Successor Agency.
SECTION 27. ACQUIESCENCE
No acquiescence, failure, or neglect of any party hereto to insist on strict
performance of any or all of the terms hereof in one instance shall be considered
or constitute a waiver of the rights to insist upon strict performance of the terms
hereof in any subsequent instance.
SECTION 28. PARTIES BOUND AND BENEFITTED
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and
all of the parties hereto shall be jointly and severally liable hereunder.
SECTION 29. CONDITION UPON TERMINATION
Upon termination of the tenancy, Tenant shall surrender the Premises to
Successor Agency including all improvements, clean and in good condition,
except for ordinary wear and tear which Tenant was otherwise obligated to
remedy under Section 12 above. Any installation which Tenant installs during
occupancy with in accordance with Section 11 of this Lease, and has not
removed at the termination of the Lease, shall become the possession of the
Successor Agency. Tenant shall repair at Tenant's expense, any damage to the
Premises caused by the removal of any improvement made by Tenant from such
installation. Any installations, improvements, or additions to the Premises prior to
the execution of this Lease shall be deemed as part of the Premises and shall be
the possession of the Successor Agency.
SECTION 30. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY
Upon termination of the tenancy, Successor Agency may reenter and retake
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possession of the Premises and store Tenant's personal property for a period of
thirty (30) days at Tenant's cost and expense. If Tenant fails to pick up said
personal property and pay said cost and expenses during said thirty (30) day
period, Successor Agency may dispose of any or all of such personal property in
any manner that Successor Agency, in its sole and absolute discretion, deems
appropriate.
If any of Tenant's personal property remains on the Premises after the
termination of the tenancy, Successor Agency may use, dispose of, or sell any of
said property, in its sole and absolute discretion, without compensating Tenant
for the same and without the Successor Agency having any liability whatsoever
therefore.
SECTION 31. NO RECORDATION
Neither this Lease Agreement nor a memorandum thereof shall be recorded by
Tenant.
SECTION 32. ATTORNEYS' FEES
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of, any right or obligation pursuant to, this Lease or as a result of
any alleged breach of any provision of this Lease, or for an unlawful detainer
action, the prevailing party shall be entitled to recover its costs and expenses,
including attorneys' fees, from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
SECTION 33. NOTICES AND PAYMENTS
All notices required under this Lease, including notices of change of address,
shall be in writing, and all notices and payments shall be addressed as follows:
Owner: Steven Kueny
Successor Agency to the Redevelopment Agency of the City of
Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Tenant: Tom Lindstorm
Tom Lindstrom RV Sales, Inc.
500 Los Angeles Avenue
Moorpark, California 93021
Either party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one specified above. Except
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as otherwise provided by statute, notice shall be deemed served and received
upon receipt by personal delivery or upon the second (2nd) day after deposit in
the United States mail, certified or registered, return receipt requested, with
postage prepaid.
SECTION 34. PARTIAL INVALIDITY
If any provision of this Lease is found by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of this Lease shall nonetheless
remain in full force and effect to the full extent allowed by law.
SECTION 35. GENDER AND NUMBER
For the purpose of this Lease wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall
include the plural and the plural number shall include the singular, wherever the
context so requires.
SECTION 36. SECTION HEADINGS
Section headings in this Lease are for convenience only, and they are not
intended to be used in interpreting or construing the terms, covenants and
conditions of this Lease.
SECTION 37. INTEGRATION AND MODIFICATION
This Lease constitutes the entire agreement of the parties concerning the subject
matter hereof and all prior agreements and understandings, oral or written, are
hereby merged herein. This Lease may not be modified or amended except; (1)
in a writing signed by all of the parties hereto; or (2) upon expiration of thirty (30)
days service in accordance with Civil Code Section 1946, or any successor
statute in effect on the date the written notice is served, by Successor Agency on
Tenant of a written notice setting forth the modification or amendment.
The parties agree that no estoppel argument can be raised during legal
proceedings in order to avoid the provisions of this Section.
SECTION 38. INTERPRETATION
Should interpretation of this Lease, or any portion thereof, be necessary, it is
deemed that the Lease was prepared by the parties jointly and equally, and the
Lease shall not be interpreted against either party on the ground that the party
prepared it or caused it to be prepared.
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SECTION 39. VENUE
This Lease is made, entered into, and executed in Ventura County, California,
and any action filed in any court for the interpretation, enforcement or other
action arising from any term, covenant or condition herein shall be filed in the
applicable court in Ventura County, California.
SECTION 40. TERMINATION
This Lease shall automatically terminate on June 30, 2012, unless extended in
accordance with Section 3 of this Lease. Should tenants business not thrive as
anticipated, Tenant shall have the right to terminate this Lease within the original
term and option period with a thirty (30) day notice.
SECTION 41. REDEVELOPMENT DISSOLUTION LEGISLATION
The parties acknowledge the recent enactment of ABx1 26, which provides for
the dissolution of California redevelopment agencies. The parties understand that
ABx1 26 purports to invalidate certain activities of redevelopment agencies
extending back to January 1 , 2011, including the transfer of assets to other public
agencies. The parties further acknowledge that the Premises were transferred
from the Redevelopment Agency of the City of Moorpark (Agency) to Successor
Agency. Tenant hereby waives and releases Successor Agency from any and all
claims arising from the enactment of ABx1 26 and any effect it may have on the
validity of this Lease and holds Successor Agency harmless from any claims of
successors, assigns, contractors, suppliers, or other agents of Tenant arising out
from the enactment of ABx1 26 .
IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their
duly authorized representatives as of the date first written above.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
TOM LINDST
By:
Steven Kueny Tom Lind rom
ATTEST:
By: c� -_ 9�
Maureen Benson, Streees —icy- Clerk o
C:�}s i
0
AO
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EXHIBIT A
Insurance Requirements
Tenant will maintain insurance in conformance with the requirements set forth below.
Tenant will use existing coverage to comply with these requirements. If that existing
coverage does not meet the requirements set forth here, Tenant agrees to amend,
supplement or endorse the existing coverage to do so. Tenant 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.
Tenant 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 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 and $2,000,000 in aggregate. If Tenant
owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement
to the general liability policy described above. If Tenant or Tenant's employees will use
personal autos in any way on this project, Tenant shall provide evidence of personal
auto liability coverage for each such person.
Pollution Liability Insurance shall be written on a Contractor's Pollution Liability form or
other form acceptable to the City providing coverage for liability arising out of sudden,
accidental and gradual pollution and remediation. The policy limit shall be no less than
$1,000,000 per claim and aggregate.
Worker's 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 Tenant. Tenant and
AGENCY agree to the following with respect to insurance provided by Tenant:
35
1. Tenant agrees to have its insurer endorse the third parry general liability
coverage required herein to include as additional insureds AGENCY, its officials,
employees, servants, agents, and independent consultants ("Agency
indemnities"), using standard ISO endorsement No. CG 2011 with an edition
prior to 1996. Tenant also agrees to require all contractors and subcontractors
working on the Premise to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Tenant, or Tenant's agents, from waiving the right of subrogation prior to
a loss. Tenant agrees to waive subrogation rights against AGENCY regardless of
the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Tenant 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. Tenant 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 Tenant'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 Tenant
or deducted from sums due Tenant, at AGENCY's option.
8. Certificates are to reflect that the insurer will provide 30 day notice to AGENCY of
any cancellation of coverage. Tenant agrees to require its insurer to modify such
36
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 Tenant, 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. Tenant agrees to ensure that subcontractors, and any other party entering onto
the Premises, provide the same minimum insurance coverage required of
Tenant. Tenant 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. Tenant agrees that upon request, all agreements
with subcontractors and other parties entering onto the Premises will be
submitted to AGENCY for review.
11. Tenant 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
entering onto the Premises to self-insure its obligations to AGENCY. If Tenant'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 Tenant, which may include reduction or
elimination of the deductible of self-insured retention, substitution of other
coverage, or other solutions.
12. 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.
13. Tenant acknowledges and agrees that any actual or alleged failure on the part of
the AGENCY to inform Tenant 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.
14. Tenant 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.
37
15. Tenant 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 Tenant'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.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Tenant under this agreement. Tenant expressly agrees not to use
any statutory immunity defenses under such laws with respect to AGENCY, its
employees, officials, and agents.
17. 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.
18. 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.
19. 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.
20. Tenant 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
Tenant 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.
21. Tenant agrees to provide immediate notice to AGENCY of any claim or loss
against Tenant arising out of the lease of the Premises. 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.
38
OVERSIGHT BOARD TO SUCCESSOR AGENCY ITEM 8.F.
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of 11-11-1901A
ACTION: -'
BY: yh ►moo_.. g�
OVERSIGHT BOARD TO SUCCESSOR AGENCY
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe II, Redevelopment Manager
DATE: April 12, 2012 (Oversight Meeting of April 17, 2012)
SUBJECT: Consider Amendment of Professional Services Agreement with Ky
Spangler for Special Projects Consulting Services for the Ruben
Castro Human Services Center through September 30, 2012
BACKGROUND & DISCUSSION
The Ruben Castro Human Services Center (RCHSC) began construction in February,
2011 and is currently an on-going project. A Special Projects Consultant, Ky Spangler,
was retained in February 2011 to oversee project management with the initial term of
the Professional Services Agreement extending through May 2011. A subsequent
Professional Services Agreement was approved to provide a new term through June 30,
2011, and this agreement was subsequently amended to extend the term through April
20, 2012, which coincided with the anticipated completion of the project.
During the course of construction, the decision to add a storm drain connection from the
RCHSC to Spring Road was made. The approval, design and pending construction of
this connection resulted in the extension of the project construction schedule through
mid-July, 2012. Staff proposes to issue an amendment to the Agreement with the
Special Projects Consultant through the end of the RCHSC construction to address the
matters associated with the additional storm drain construction and project close-out
(including Notice of Completion filings, final payment processing, completion of punch
list and turnover matters, etc.) in an amount not-to-exceed $16,500. The project close-
out process is expected to be complete by September 30, 2012.
Concurrently with the construction of this facility, on June 29, 2011, the Governor signed
ABX1 26, a bill that had as its sole purpose the dissolution of redevelopment agencies
statewide. After litigation was brought to challenge the validity of ABx1 26, the Supreme
Court of the State of California ruled on December 29, 2011, that ABx1 26 was
39
Oversight Board
April 17, 2012
Page 2
Constitutional and a valid exercise of the legislative power of the State. On February 1,
2012, the Redevelopment Agency of the City of Moorpark was dissolved pursuant to the
Supreme Court's modification of ABx1 26's dissolution date. Prior to dissolution of the
Redevelopment Agency of the City of Moorpark, on January 4, 2012, the City Council of
the City of Moorpark adopted Resolution 2012-3079 designating the City of Moorpark as
the Successor Agency ("Successor Agency") of the Redevelopment Agency. By
operation of Section 34173 of the Health and Safety Code, all authority, rights, powers,
duties, and obligations of the former Redevelopment Agency of the City of Moorpark are
vested in the Successor Agency, with certain statutory exceptions found elsewhere in
ABx1 26.
Given the ongoing nature of this construction project, the Successor Agency will
consider an agenda item on April 18, 2012, to amend the Agreement to extend the term
for which services will be provided. Due to the timing of the expiration of the Agreement
on April 20, 2012, along with the dates of the first Oversight Board meeting on April 17
and the next Successor Agency meeting on April 18, this amendment is being
considered by the Oversight Board first.
The amendment to this agreement is critical to continue the effective administration of a
project currently under construction with Agency funds and, therefore, represents an
enforceable obligation. The current Professional Services Agreement includes an
hourly rate and maximum number of hours to be worked per week under Scope of
Services, which would limit the maximum compensation during the additional term to a
total of $16,500. Staff recommends approval of the second amendment to the June
2011 Professional Services Agreement for the continuation of Special Projects
Consulting Services through September 30, 2012.
FISCAL IMPACT
The Successor Agency will be limited to expending funds for enforceable obligations
listed on the Recognized Obligation Payment Schedule (ROPS).
STAFF RECOMMENDATION
Approve a second amendment to the Professional Services Agreement with Ky
Spangler for Special Projects Consulting Services for activities related to the
construction of the Ruben Castro Human Services Center.
Attachments:
1. Draft Second Amendment to 6/2/11 Professional Services Agreement
2. First Amendment to 6/2/11 Professional Services Agreement
3. Professional Services Agreement 6/2/11 — 6/30/11
40
ATTACHMENT 1
SECOND AMENDMENT TO AGREEMENT 2011-167
BETWEEN THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND
KY SPANGLER FOR PROFESSIONAL SERVICES
THIS SECOND AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("Second Amendment"), is made and entered into this day of , 2012, ("the
Effective Date") between the City of Moorpark, acting in its capacity as Successor Agency of
the Redevelopment Agency of the City of Moorpark pursuant to Section 34173 of the California
Health and Safety Code as enacted by ABx1 26 ("Successor Agency"), and Ky Spangler, an
individual, ("Consultant").
WITNESSETH:
WHEREAS, on June 2, 2011, the Redevelopment Agency of the City of Moorpark and the
Consultant entered into an Agreement for project management services; and
WHEREAS, on August 1, 2011, the Redevelopment Agency of the City of Moorpark and
the Consultant entered into First Agreement to extend project management services through
April 20, 2012; and
WHEREAS, on June 29, 2011 the Governor signed ABx1 26, a bill that had as its sole
purpose the dissolution of redevelopment agencies statewide; and
WHEREAS, after litigation was brought to challenge the validity of ABx1 26, the Supreme
Court of the State of California ruled on December 29, 2011 that ABx1 26 was Constitutional
and a valid exercise of the legislative power of the State; and
WHEREAS, on February 1, 2012, the Redevelopment Agency of the City of Moorpark was
dissolved pursuant to the Supreme Court's modification of ABx1 26's dissolution date; and
WHEREAS, on January 4, 2012, the City Council of the City of Moorpark adopted
Resolution 2012-3079 designating the City of Moorpark at the Successor Agency ("Successor
Agency") of the Redevelopment Agency of the City of Moorpark, and
WHEREAS, by operation of Section 34173 of the Health and Safety Code, all authority,
rights, powers, duties, and obligations of the former Redevelopment Agency of the City of
Moorpark are vested in the Successor Agency, with certain statutory exceptions found
elsewhere in ABx1 26; and
WHEREAS, the Successor Agency wishes to amend the Agreement to extend the term for
which services will be provided; and
WHEREAS, on April 17, 2012, the Oversight Board of the Successor Agency approved to
extend the term for which project management services are to be provided under the existing
Agreement for the Ruben Castro Human Services Center, and
Professional Services Agreement Page 1 of 2
Second Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler 41
WHEREAS, on April 18, 2012, the City Council of the City of Moorpark, acting in its role as
legislative body for the Successor Agency, approved to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises
herein stated, the parties hereto AMEND the aforesaid Agreement as follows:
I. Section 1 of the Agreement is amended as follows:
Consultant's term is extended from April 20, 2012, to September 30, 2012, unless
otherwise amended or superseded, or terminated pursuant to the terms of Section 6 of the
Agreement executed on June 2, 2011.
11. Remaining Provisions
All other terms and conditions of the original Agreement shall remain in full force and effect.
The effective date of this Second Amendment shall be April 20, 2012.
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK KY SPANGLER
By: By:
Steven Kueny Ky Spangler
City Manager
ATTEST:
Maureen Benson, City Clerk
Professional Services Agreement Page 2 of 2
Second Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler 42
ATTACHMENT 2
FIRST AMENDMENT TO AGREEMENT 2011-167
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND KY
SPANGLER FOR PROFESSIONAL SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("First Amendment"), is made and entered into this -/6t day of 2011, ("the
Effective Date") between the Redevelopment Agency of the City of MooriArk, a public body,
corporate and politic, ("Agency"), and Ky Spangler, an individual, ("Consultant").
WITNESSETH:
WHEREAS, on June 2, 2011, the Agency and the Consultant entered into an Agreement
for project management services; and
WHEREAS, the Agency wishes to amend the Agreement to extend the term for which
services will be provided.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises
herein stated, the parties hereto AMEND the aforesaid Agreement as follows:
I. Section 1 of the Agreement is amended as follows:
Consultant's term is extended from June 30, 2011 to April 20, 2012 unless otherwise
amended or superseded, or terminated pursuant to the terms of Section 6 of the Agreement
executed on June 2, 2011.
11. Remaining Provisions
All other terms and conditions of the original Agreement shall remain in full force and effect.
The effective date of this First Amendment shall be July 1, 2011.
REDEVELOPMENT AGENCY OF THE KY SPANGLER
CITY OF MOORPARK
By: By.
Steven Kueny Ky Spy gler -
Executive Director
P
ATTEST:
ry
w4
Maureen Benson, City Clerk
Professional Services Agreement Page 1 of 1
First Amendment Between the Redevelopment Agency of City of Moorpark and Ky Spangler 43
ATTACHMENT 3
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK AND KY SPANGLER FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of this a?nat day of June, 2011,
between the Redevelopment Agency of the City of Moorpark, a municipal corporation,
("Agency") and Ky Spangler, an individual ("Consultant").
WHEREAS, Agency has the need for certain project management services; and
WHEREAS, Agency wishes to retain Consultant for the performance of said
services.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution through June 30,
2011, unless this Agreement is terminated earlier pursuant to Section 6 of this
Agreement.
2. SCOPE OF SERVICES
Agency does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide project management services, as set forth in the Scope
of Services, attached hereto as Exhibit 1. In the event there is a conflict between the
provisions of Exhibit 1 and this Agreement, the language contained in this Agreement
shall take precedence.
Compensation for the services to be performed by Consultant shall be thirty-four
dollars ($34.00) per hour for work directly related to the list of assignments set forth in
the Scope of Services, Exhibit 1. Compensation to Consultant shall not exceed
nineteen (19) hours per week without the written authorization of the Agency Executive
Director. Should written authorization be given by the Agency Executive Director to
exceed nineteen (19) hours per week, Consultant shall not average twenty (20) hours
per week or higher or exceed a total of nine hundred and ninety-nine (999) hours for
any fiscal year beginning July 1 and ending June 30. Payment by Agency to Consultant
shall be in accordance with the provisions of this Agreement.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, 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
in meeting its obligations under this Agreement.
44
4. MANAGEMENT
The Agency Assistant Executive Director shall represent Agency in all matters
pertaining to the administration of this Agreement, and review and approval of all
products submitted by Consultant, but not including the authority to enlarge the Scope
of Services to be performed or change the compensation due to Consultant. Agency's
Executive Director shall be authorized to act on Agency's behalf and to execute all
necessary documents which enlarge the Scope of Services to be performed or change
Consultant's compensation, subject to Section 5 of this Agreement.
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein set forth and to serve as principal liaison between Agency
and Consultant shall be Ky Spangler, and no other individual may be substituted,
without written approval of the Agency Executive Director.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form,
before payments may be made to any vendor.
The Agency agrees to pay Consultant monthly, in accordance with the payment
rate of thirty-four dollars ($34.00) as set forth in Section 2, Scope of Services, and the
terms and the schedule of payment as set forth in this section, based upon actual time
spent on the above tasks described in Exhibit 1. Payment shall not exceed nineteen
(19) hours per week without the written authorization of the Agency Executive Director.
Should written authorization be given by the Agency Executive Director to exceed
nineteen (19) hours per week, Consultant shall not average twenty (20) hours per week
or higher or exceed a total of nine hundred and ninety-nine (999) hours for any fiscal
year beginning July 1 and ending June 30.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the Agency
Executive Director. Consultant shall be compensated for any additional services in the
amounts and in the manner as agreed to by the Agency Executive Director and
Consultant at the time Agency's written authorization is given to Consultant for the
performance of said services.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the Agency Executive Director. If
the Agency disputes any of Consultant's fees or expenses it shall give written notice to
Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice.
05/13/11 Professional Services Agreement between Moorpark Redevelopment Agency and Ky Spangler Page 2 45
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
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.
The Consultant may terminate this Agreement only by providing Agency with
written notice no less than fifteen (15) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the Agency shall pay to Consultant the actual value of the work performed up to the
time of termination or suspension, provided that the work performed is of value to the
Agency. Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the Agency pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
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 or
suspend 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.
If the Agency Executive Director or his/her designee determines that the
Consultant is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Consultant a written notice of the
default. The Consultant shall have ten (10) days after service upon it 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 immediately 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.
8. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by Agency that relate to
the performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of Agency or the Agency's designees at reasonable
05/13/11 Professional Services Agreement between Moorpark Redevelopment Agency and Ky Spangler Page 3 46
times to such books and records; shall give the Agency the right to examine and audit
said books and records; shall permit Agency to make transcripts therefrom as
necessary; and shall allow inspection of all work, data, documents, proceedings, and
activities related to this Agreement. Such records, together with supporting documents,
shall be maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the Agency and may be used, reused, or otherwise disposed of by the Agency without
the permission of the Consultant. With respect to computer files, Consultant shall make
available to the Agency, at the Consultant's office and upon reasonable written request
by the Agency, the necessary computer software and hardware for purposes of
accessing, compiling, transferring, and printing computer files.
9. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless Agency, and any and all of
its employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys' fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, are a consequence of, or are in 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 or subconsultants of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, 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.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit 2 attached hereto and
incorporated herein by this reference.
05/13/11 Professional Services Agreement between Moorpark Redevelopment Agency and Ky Spangler Page 4 47
11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Agency a wholly
independent Contractor. 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 or employees or agents of the Agency. Consultant shall not incur
or have the power to incur any debt, obligation, or liability 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. Consultant specifically acknowledges no eligibility
for City retirement benefits. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency. Agency shall not be liable for compensation
or indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
C. For Agency business purposes, any position title utilized by Consultant
shall be approved by the Agency Executive Director or his/her designee. All
correspondence and written documents prepared on behalf of the Agency, including but
not limited to letters, memorandums, emails, forms, and permits, shall clearly identify
Consultant as an independent contractor to the satisfaction of the Agency Executive
Director or his/her designee. Additionally, any business card used by Consultant shall
clearly identify to the satisfaction of the Agency Executive Director or his/her designee
that Consultant is an independent contractor. While performing services pursuant to
this Agreement, Consultant and any of its officers, employees, or agents shall wear a
name badge that includes their name and the words: "Independent Contractor", to the
satisfaction of the Agency Executive Director or his/her designee. The name badge
shall be worn at all times while conducting the business of the Agency pursuant to this
Agreement.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. The Agency, and its officers
and employees, shall not be liable at law or in equity occasioned by failure of the
Consultant to comply with this Section.
13. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
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The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
14. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the Agency in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the Agency will receive compensation, directly or indirectly from Consultant, or any
officer, employee or agent of Consultant, in connection with the award of this
Agreement or any work to be conducted as a result of this Agreement. Violation of this
Section shall be a material breach of this Agreement entitling the Agency to any and all
remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the Agency, or their designees or agents,
and no public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
16. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City of Moorpark or its Area of
Interest, now or within the past one (1) year, and further covenants and agrees that
Consultant and/or its subconsultants shall provide no service or enter into any contract
with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
and/or public agency(ies) owning property and/or processing an entitlement application
for property in the City of Moorpark or its Area of Interest, while under contract with the
Agency.
17. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
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To: Executive Director
Redevelopment Agency of the City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Ky Spangler
2496 Stow Street
Simi Valley, California 93021
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
18. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the Agency in order that proper steps may be
taken to have the change reflected in the Agreement documents.
19. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that
Consultant is uniquely qualified to perform the services provided for in this Agreement.
20. VENUE AND GOVERNING LAW
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. 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.
21. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
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22. ARBITRATION
Cases involving a dispute between Agency and Consultant may be decided by
an arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
23. 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.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, 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 Articles, Paragraphs, and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the Agency Executive
Director.
26. INTERPRETATION OF AGREEMENT
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.
27. WAIVER
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 provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
28. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
REDEVELOPMENT AGENCY OF THE CONSULTANT:
CITY OF MOORPARK:
By: By:
Steven Kueny, Agency Executive Di ector Ky Spa er, Inde ndent Contractor
Attest:
Maureen Benson, Agency Secretary
PME/yp�c�
*ESTABLISHE
MARCH 18,
IF
OFRN�P
OF
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EXHIBIT 1
SCOPE OF SERVICES
ADMINISTRATIVE AND MANAGEMENT SERVICES
A. Services
The following services are to be performed by the CONSULTANT:
1. Continue coordination and management efforts related to the construction of
the Ruben Castro Human Services Center ("RCHSC"), including but not
limited to attendance of weekly meetings with the Construction Manager
and/or Architect as necessary, general coordination of project-related
needs, and other project-related duties as assigned.
2. Manage contracts for the construction of the RCHSC and submit all invoices
to the City for approval and payment. CONSULTANT does not have the
authority to spend City or Agency funds without prior approval by City
Manager/Executive Director or his designee.
3. Continue activities relative to the Section 3 of the Community Development
Block Grant Program compliance for the RCHSC.
4. Prepare and submit required Quarterly Status Reports for the Community
Development Block Grant program relative to funds received for the
RCHSC.
5. Attend regular meetings with the Executive Director or his designee.
6. Assemble and maintain records that are customarily maintained for the
above listed project. Such records shall at all times be the property of the
Agency and shall be open for Agency inspection.
7. Other duties may be assigned in writing to CONSULTANT as desired by the
Executive Director or his designee.
B. Monthly Status Reports
CONSULTANT shall provide the AGENCY a written Monthly Status Report
detailing all activities on the first and third Wednesday of each month.
C. Performance Tarqets
AGENCY shall periodically monitor the progress of work performed by the
CONSULTANT. Said monitoring shall be the responsibility of the Executive
53
Director his designee.
D. Nature of Services: It is understood that CONSULTANT's services are being
provided to AGENCY using the best knowledge, experience and expertise of the
CONSULTANT to efficiently manage Agency projects. However, CONSULTANT
shall not be responsible for the accuracy, performance, or actions of the
AGENCY, or other consultants, contractors, utilities, other public agencies or any
other person(s).
-- 2 -- 54
EXHIBIT 2
INSURANCE REQUIREMENTS
As a condition precedent of the effectiveness of this Agreement, Consultant shall
procure, and thereafter maintain in full force and effect at Consultant's sole cost and
expense, the following types and amounts of insurance:
1. Consultant shall not be required to provide General commercial liability insurance
for services performed under this Agreement.
2. 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 State statutory limits per accident. If
Consultant or Consultant's employees, subcontractors, or volunteers will use
personal autos in any way in performing the services under this Agreement,
Consultant shall provide evidence of personal auto liability insurance for each
such person.
3. 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. A Workers Compensation Insurance Certificate shall be
filed with City before beginning work, unless Consultant signs the following
written certification that no one other than Consultant, or a legal subcontractor,
will perform any services under this Agreement.
Workers Compensation Exemption Certification:
As Consultant, l certify that no one other than myself or a legal subcontractor will
perform services under this Agreement.
CONSULTANT:
By: k_7�
Ky Spa er, ndependent Contractor
55
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