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HomeMy WebLinkAboutAG RPTS 2013 0820 OB REG Resolution No. OB-2013-44 OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA TUESDAY, AUGUST 20, 2013 3:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON: A. Consider Resolution Approving the Election of Chairperson and Vice Chairperson for a Term Ending in July, 2014. Staff Recommendation: Adopt Resolution No. 2013-OB-_ approving the election of 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 July, 2014. ROLL CALL VOTE REQUIRED (Staff: David Moe) 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Oversight Board Rules of Procedure,Section 2.9,Items to be withdrawn from the Consent Calendar shall be identified at this time.) 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.mooroark.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 Chairperson'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 may be 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. Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark August 20, 2013 Page 2 7. PRESENTATION/ACTION/DISCUSSION: A. Consider Resolution Approving the Long-Range Property Management Plan LRPMP . Staff Recommendation: 1) Adopt Resolution No. OB-2013-_; and 2) Authorize staff to submit the LRPMP to the Department of Finance, County Auditor/Controller, State Controller, and County Administrator's Office. (Staff: David Moe) 8. CONSENT CALENDAR: A. Consider Resolution Approving Minutes of Regular Meeting of March 19, 2013. Staff Recommendation: Adopt Resolution No. OB-2013-_ B. Consider Resolution AuthorizingAgreement with Mike's Handyman Service for Propel Maintenance at Various Properties. Staff Recommendation: Adopt Resolution No. OB-2013-_. (Staff: Jessica Sandifer) C. Consider Resolution Authorizing Agreement with R.A.Atmore and Sons, Inc. for Weed Abatement at Various Properties. Staff Recommendation: Adopt Resolution No. OB-2013-_. (Staff: Jessica Sandifer) 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. B. Future Agenda Items. 10. ADJOURNMENT: Dated: August 16, 2013. 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). Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark August 20, 2013 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the City Clerk of the City of Moorpark and that a notice for a Regular Meeting of Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark to be held Tuesday,August 20, 2013, at 3:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 16, 2013, 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 August 16, 2013. Maureen Benson, City Clerk OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY ITEM 4.A. OF THE CITY OF MOORPARK MEETING of - D ACTION: -02013-61V BY: OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agency FROM: David Moe, Redevelopment Manager ' DATE: August 2, 2013 (OB Regular Meeting of 08/20/13) SUBJECT: Consider Resolution Approving Election of Chairperson and Vice Chairperson for a Term Ending in July, 2014. BACKGROUND The Oversight Board adopted Rules and Procedures with Resolution No. OB-2012-10 on September 18, 2012, which states: 3. PRESIDING OFFICER 3.1 Selection and Term: The Chairperson shall be the Presiding Officer at all meetings of the Oversight Board, except as otherwise provided in Section 2.4 (Call to Order). At its first regular meeting in July of 2013 and each year thereafter, the Oversight Board shall elect a Chairperson and Vice- Chairperson from among the appointed members, to serve for that year. Each selection shall be by a majority vote or more affirmative votes of the total membership of the Oversight Board, whichever first occurs and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by a majority vote of the total membership of the Oversight Board. DISCUSSION The regular Oversight Board meeting of July 16, 2013, was canceled; therefore, the annual election of the Chairperson and Vice-Chairperson has been scheduled for the next available regular Oversight Board meeting of August 20, 2013. The Chairperson shall solicit a nominee for Chairperson from members of the Oversight Board. A second shall be required. The Board shall vote on each nomination individually until a majority vote of the total membership secures the election of a new Chairperson. 1 Honorable Oversight Board August 20, 2013, Regular Meeting Page 2 The new Chairperson shall solicit a nominee for Vice-Chairperson from members of the Oversight Board. A second shall be required. The Board shall vote on each nomination individually until a majority vote of the total membership secures the election of a new Vice-Chairperson. STAFF RECOMMENDATION ROLL CALL VOTE Adopt Resolution No. 2013-OB- _, approving the election of a Chairperson and Vice Chairperson for a one year term ending in July 2014. Attachment: Draft Resolution 2 RESOLUTION NO. OB-2013- A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE REGULAR MEETING OF AUGUST 20, 2013, APPROVING THE ELECTION OF A NEW CHAIRPERSON AND NEW VICE CHAIRPERSON FOR A TERM ENDING IN JULY 2014 WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark be adopted by resolution; and WHEREAS, at the regular meeting of August 20, 2013, the regular Oversight Board conducted an election of a new Chairperson and new Vice Chairperson (Agenda Item 4.A.). NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Approve the selection of as the new Chairperson of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark for a term ending in July 2014. SECTION 2. Approve the selection of as the new Vice Chairperson of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark for a term ending in July 2014. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of August, 2013. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 3 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING ITEM 7.A. of_ ACTION: BY: e OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board FROM: David C. Moe 11, Redevelopment Manager DATE: August 5, 2013 (Meeting of 8/20/13) SUBJECT: Consider Resolution Approving the Long-Range Property Management Plan BACKGROUND Pursuant to AB 1484, the Successor Agency to the Redevelopment Agency of the City of Moorpark (Successor Agency) is responsible for drafting a Long-Range Property Management Plan (LRPMP). The Successor Agency considered the LRPMP at its July 17, 2013, regular meeting. The Successor Agency directed the Executive Director to submit the LRPMP for the real property of the dissolved redevelopment agency to the Oversight Board and the Department of Finance for approval. The Successor Agency must submit the LRPMP to the Department of Finance within six months (September 21, 2013) after receipt of the Finding of Completion. DISCUSSION The Successor Agency has 17 properties that are fully described in the attached spreadsheet. The role of the Oversight Board is to approve the LRPMP and direct the Successor Agency to submit the LRPMP to the Department of Finance. The LRPMP addresses the disposition and includes specified information about each property including, among other things, the date of acquisition, the value on the date of acquisition, the estimated current value, a history of previous development proposals, and addresses the use or disposition of each property pursuant to Health and Safety Code Section 34191.5(c). Permitted uses under a property management plan include: • Retention of the property for governmental use • Retention of the property for future development • Sale of the property 4 Oversight Board August 20, 2013 Page 2 of 3 If the approved LRPMP specifies the governmental use of the property, then the property would be transferred to the City of Moorpark (City). Any property to be retained for future development would be held by the Successor Agency until the disposition of the property can be arranged by the City and a compensation agreement is approved with the other taxing entities to provide payments to them in proportion to their share of the base property tax for the value of the property retained. Proceeds from the sale would be deposited in the Successor Agency Trust Fund and used by the Successor Agency to fulfill enforceable obligations. After payment of enforceable obligations, any surplus funds would be distributed in the same manner as property taxes to the taxing entities. Staff met with the Oversight Board Ad Hoc Committee (Bruce Hamous, Creig Nicks and Jeff Burgh; Jeff Burgh did not attend) on August 6, 2013, to generally discuss the proposed disposition of the properties listed on the LRPMP. Pursuant to Health and Safety Code Section 341800), at the same time the Successor Agency submits the LRPMP to the Oversight Board, the Successor Agency shall submit the LRPMP to the County Administrative Officer, the County Auditor-Controller, the State Controller, and the Department of Finance. Upon approval of the LRPMP by the Department of Finance, the properties are then to be placed in a Community Redevelopment Trust Fund administered by the Successor Agency in accordance with the approved LRPMP. The attached resolution approves the LRPMP in substantial form and authorizes the Executive Director of the Successor Agency to transmit the resolution to the Department of Finance together with written notice and information regarding the action taken by the resolution. ENVIRONMENTAL Approval of the LRPMP is not a project for purposes of the California Environmental Quality Act (Pub. Res. Code Section 21000 et seq.) and the CEQA Guidelines (14 Cal Code Regs 15000 et seq.) because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment (CEQA Guidelines Section 15378(b)(5)). Further, it can be seen with certainty that there is no possibility that approval of the LRPMP may have a significant effect on the environment, and thus the action is exempt from CEQA (CEQA Guidelines Section 15061(b)(3)). 5 Oversight Board August 20, 2013 Page 3 of 3 STAFF RECOMMENDATION 1. Adopt Resolution No. OB-2013- approving Long-Range Property Management Plan. 2. Authorize staff to submit the LRPMP to the Department of Finance, County Auditor/Controller, State Controller, and County Administrator's Office. Attachment: 1) Draft Resolution 2) Long Range Property Management Plan 6 ATTACHMENT 1 RESOLUTION NO. OB-2013- A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE REGULAR MEETING OF AUGUST 20, 2013, APPROVING A LONG-RANGE PROPERTY MANAGEMENT PLAN (LRPMP) PREPARED BY THE SUCCESSOR AGENCY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34191.5 AND PREPARATION OF THE LRPMP IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, as authorized by applicable law, the City of Moorpark has elected to serve as the Successor Agency of the Redevelopment Agency of the City of Moorpark(the "Successor Agency"); and WHEREAS, on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Redevelopment Agency of the City of Moorpark (the "Agency") transferred to the control of the Successor Agency by operation of law; and WHEREAS, Health and Safety Code Section 34191.5(b) requires a successor agency to prepare long-range property management plans to address the disposition and use of the real property of the former redevelopment agency, which must be submitted to the Oversight Board to the Successor Agency (the "Oversight Board") and the Department of Finance (the "DOF") for approval no later than six months following the issuance by DOF to the Successor Agency of a finding of completion pursuant to Health and Safety Code Section 34179.7; and WHEREAS, pursuant to Health and Safety Code Section 34179.7, DOF issued a finding of completion to the Successor Agency on March 25, 2013. WHEREAS, the Successor Agency approved the long-range property management plan ("Plan") on July 17, 2013, and submitted the Plan to the Oversight Board the in accordance with Health and Safety Code Section 34191.5; and WHEREAS, pursuant to Health and Safety Code Section 34180 0), at the same time the Successor Agency submitted the LRPMP to the Oversight Board, the Successor Agency submitted the LRPMP to the County Administrative Officer, the County Auditor-Controller, the State Controller, and DOF; and WHEREAS, the Oversight Board considered the Plan as item number on their August 20, 2013, agenda. 7 Resolution No. OB-2013- August 20, 2013 Page 2 of 2 WHEREAS, the Oversight Board finds that the Plan was prepared in accordance with the requirements of Health and Safety Code Section 34191.5. NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Finds and determines that the foregoing recitals are true and correct. SECTION 2. The Oversight Board hereby approves the LRPMP. The Executive Director of the Successor Agency is hereby directed to transmit to DOF this Resolution. SECTION 3. The staff of the Successor Agency is hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken are hereby ratified. SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). Pursuant to the State CEQA Guidelines (14 Cal Code Regs 15000 et seq.)(the "Guidelines"), the Oversight Board has determined that the approval of the LRPMP is not a project pursuant to CEQA and is exempt therefrom because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment (Guidelines Section 15378(b)(5)). Further, it can be seen with certainty that there is no possibility that approval of the LRPMP may have a significant effect on the environment, and thus the action is exempt from CEQA (Guidelines Section 15061(b)(3)). Staff of the Successor Agency is hereby directed to prepare and post a notice of exemption pursuant to Guidelines Section 15062. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of August, 2013. Bruce Hamous, Chair ATTEST: Maureen Benson, Secretary 2 8 Attachment 2 Successor Agency: Moorpark County: Ventura LONG RANGE PROPERTY MANAGEMENT PLAN:PROPERTY INVENTORY DATA HSC 34191.5(c)(2) HSC 34191.5(c)(1)(A) SALE OF PROPERTY HSC 34191.5(c)(1)(B) HSC 34191.5(c)(1)(C) HSC 34191.5(c)(1)(D) HSC 34191.5(c)(1)(E) HSC 34191.5(c)(1)(F) HSC 34191.5(c)(1)(G) HSC 34191.5(c)(1)H) Date of Contractual History of environmental Estimated Estimate of requirements for contamination,studies,and/or Description of property's Advancement of planning History of previous Acquisition Value at Time of Estimated Value Current Proposed Sale Proposed Purpose for which Current Estimate of Current Income/ use of remediation,and designation potential for transit objectives of the successor development No. Property Type Permissable Use Permissable Use Detail Date Purchase Current Value Basis Value Value Sale Date property was acquired Address APN# Lot Size Zoning Parcel Value Revenue income/revenue as a brownfield site oriented development agency proposals and activi Property was once use as a Develop a vacant Within 12 maintenance yard for CalTrans. No potential. Property too Market value at months of 500 Los Angeles underutilized/non-property tax 9 The property did have an far from transit station to be Currently used for RV Vacant Lot/Land Future Development Sell property for Development 3/27/2009 $ 1,854,000.00 $ 1,080,000.00 Market 5/21/2013 time of sale DOF Redevelopment Avenue 506-0-050-080 1.9 acres CPD $ 1,080,000.00 N/A N/A producing property into a unauthorized leak of an considered. Property not sales lot. approval underground diesel tank which zoned for residential use. Productive property for the 1 community. Within 12 Moorpark Avenue right of The property did have an Some potential,within a 1/2 Develop a vacant Market value at months of way with balance of the 347 Moorpark unauthorized leak of an mile from transit station. underutilized/non-property tax Widening of Moorpark Vacant Lot/Land Future Development Sell property for Development 10/31/2005 $ 635,000.00 $ 200,332.00 Market 5/21/2013 time of sale DOF property to be sold for Avenue 511-0-101-350 18,212 sq ft C-1 $ 200,000.00 N/A N/A producing property into a Avenue and small office P P Y underground diesel tank which Property not zoned for productive property for the building approval development was abated prior to purchase residential use. community. 2 Within 12 High potential,within one Develop a vacant Retain for future development in Market value at months of block of transit station. underutilized/non-property tax 3 proposals for office Vacant Lot/Land Future Development downtown area 6/24/2003 $ 451,439.00 $ 239,280.00 Market 5/21/2013 time of sale DOF Redevelopment 467 High Street 512-0-081-110 21,750 sq ft C-OT $ 239,000.00 N/A N/A N/A Property not zoned for Producing property into a building and commercial productive property for the restaurant building approval residential use. community. 3 Former gas/diesel fueling High potential,within one Vacant Lot/Land station. Previous history of block of transit station. Provide additional parking for Land Governmental Use Metrolink parking 11/19/2010 $ 915,952.00 N/A Market 5/21/2013 N/A N/A Redevelopment 450 High Street 020,030 20,000 sq ft C-OT N/A N/A N/A None underground storage tank leaks. Property not zoned for downtown area Cases were closed. residential use. 4 Property Property acquired at two Existing and future Middle 2.14 acres to be retained for acquired at two different dates. Within 12 parking lots,downtown Very high potential. Provide commercial office and existing and future parking lots,and different dates. $800,000.00 for 2.54 acres Market value at months of park,Moorpark Avenue $20,171.00 Immediately adjacent to restaurant spaces to enhance 80,000 ft commercial Other Future Development future commercial uses in downtown 2.54 acres on in 1993 and$56,000.00 for $ 625,398.00 Market 5!21/2013 time of sale DOF right of way,and future Various 512-0-090-115 2.14 acres C-OT $ 625,398.00 N/A N/A the transit site and provide office/reett ail/restaurant/ Annual transit station.Property not additional ublic parking area 8/7/93 and.35 .35 acres in 2008 for a total approval commercial uses in zoned for residential use. p p g and parking use public park acres on 2/8/08. value of$856,000.00 downtown area 5(a) The west.4 acre of the property to Property Property acquired at two Existing and future Provide commercial office and be utilized for Moorpark Avenue acquired at two different dates. parking lots,downtown Very high potential. restaurant spaces to enhance Moorpark Avenue right right of way,Moorpark Chamber of different dates. $800,000.00 for 2.54 acres park,Moorpark Avenue Immediately adjacent to Other Governmental Use N/A Market 5/21/2013 N/A N/A Various 512-0-090-115 .75 acres C-OT N/A $1.00 Annual N/A N/A the transit site and provide of way,Public park and Commerce location and downtown 2.54 acres on in 1993 and$56,000.00 for right of way,and future transit station.Property not additional public parking and Metrolink parking park. The east.35 acre to be 8/7/93 and.35 .35 acres in 2008 for a total commercial uses in zoned for residential use. public park utilized for Metrolink parking lot. acres on 2/8!08. value of$856,000.00 downtown area 5(b) Within 12 Princeton No potential. Property too Relocation site for fueling Vacant LoULand Future Development Sell property for Development 3!12/2007 $ 583,000.00 $ 479,160.00 Market 5!21/2013 Market value at months of Redevelopment Avenue(Lots 69 513-0-024-105, 2.26 acres M-2 $ 479,160.00 N/A N/A N/A far from transit station to be station to make space Relocation site for time of sale DOF 82) 135 considered. Property not available for additional parking fueling station approval zoned for residential use. in downtown 6 9 LONG RANGE PROPERTY MANAGEMENT PLAN:PROPERTY INVENTORY DATA HSC 34191.5(c)(2) HSC 34191.5(c)(1)(A) SALE OF PROPERTY HSC 34191.5(c)(1)(B) HSC 34191.5 )(1 (C) HSC 34191.5(c)(1)(D) HSC 34191.5(c)(1)(E) HSC 34191.5(c)(1)(F) HSC 34191.5(c)(1)(G) HSC 34191.5(c)1)1-1) Date of Contractual History of environmental Estimated Estimate of requirements for contamination,studies,and/or Description of property's Advancement of planning History of previous Acquisition Value at Time of Estimated Value Current Proposed Sale Proposed Purpose for which Current Estimate of Current Income/ use of remediation,and designation potential for transit objectives of the successor development No. Property Type Permissable Use Permissable Use Detail Date Purchase Current Value Basis Value Value Sale Date property was acquired Address APN# Lot Size Zoning Parcel Value Revenue income/revenue as a brownfield site oriented development agency proposals and activity Parking and support facility for the 33 E.High High,within 2 blocks of Provide parking and office Public Building Governmental Use adjacent Performing Arts Center 12/21/2007 $ 950,000.00 N/A Market 5/21/2013 N/A N/A Government purposes 512-0-091-090 7,500 sq ft C-OT N/A $21,468.00 Currently developed as Street N/A N/A transit station. Property not uses to support the performing zoned for residential use. arts center offices with parking 7 operations Annual Vacant Lot/Land Governmental Use Future Civic Center expansion site 2003 $ 352,645.00 N/A Market 5/21/2013 N/A N/A Future Civic Center 47 W.High 511-0-050-080 6,341 s ft C-OT High,within a few blocks of Intended for Civic Center expansion site Street q N/A N/A N/A N/A transit station. Property not expansion project None 8 zoned for residential use. Future Civic Center Part of Civic High,within a few blocks of Intended for Civic Center Vacant Lot/Land Governmental Use Future Civic Center expansion site 6!8/1995 $ 100,000.00 N/A Market 5/21/2013 N/A N/A expansion site Center 511-0-050-090 10,500 sq ft C-OT N/A N/A N/A N/A transit station. Property not None 9 zoned for residential use. expansion project Vacant Lot/Land Governmental Use Future Civic Center expansion site 4/5/1994 $ 105,169.00 N/A Market 5/21/2013 N/A N/A Future Civic Center and 661 Moorpark 511-0-050-140 15,839 sq ft I N/A N/A N/A N/A High,within a few blocks of Intended for Civic Center Library expansion site Ave transit station. Property not None 10 zoned for residential use. expansion project Future Civic Center and High,within a few blocks of Intended for Civic Center Vacant Lot/Land Governmental Use Future Civic Center expansion site 9/19/2001 $ 881,500.00 N/A Market 5/21/2013 N/A N/A Library expansion site 83 W.High St 511-0-050-175 1.04 acres C-OT N/A N/A N/A N/A transit station. Property not expansion project None 11 zoned for residential use. Public Building overnmental Use Performing Arts 8/1/2005 Performing Arts and High,within 2 blocks of Intended for cultural arts 12 9 9 $1,250,000.00 N/A Market 5/21/2013 N/A N/A Recreation 45 E.High St 512-0-091-080 7500 sq ft C-OT N/A $1.00 Annual N/A N/A transit station center in downtown area None Currently developed as Police/Fire Station Governmental Use Police Station 2001 $1,061,034.00 N/A Market 5/21/2013 N/A N/A Police Station 610 Spring Rd 512-0-171-225 3.81 acres CPD N/A $90,600.00 N/A N/A N/A Police Station the Moorpark Police 13 Annual Station and California Highway Patrol Station Currently developed as Park Governmental Use Veteran's Memorial 2001 $ 106,103.00 N/A Market 5/21/2013 N/A N/A Street realignment Spring Road 512-0-174-015 CPD N/A N/A N/A N/A N/A Veteran's Memorial Site a Veteran's Memorial 14 Site Public Building Governmental Use Post Office 8/17/1993 $ 228,429.00 N/A Market 5/21/2013 N/A N/A Government Use Redevelopment and 100 High St 420,430 511-0-090- 66,211 sq ft M-2 N/A $1.00 Annual N/A N/A N/A Relocated post office to Currently developed as the Moorpark Post 15 downtown Office Parking Lot/Structure developed as Structure Governmental Use $ 13675600 N/A Market 5/21/2013 N/A N/A To provide additional Post office parking and downtown Redevelopment and a parking lot for the public parking 8!17/1993 , . Government Use N/A 512-0-090-050 39,713 sq ft C-OT/M-1 N/A N/A N/A N/A N/A downtown parking in addition Post Office and 16 to post office parking downtown parking Public Works and Parks To construct a City Corp Currently developed as 17 Public Building Governmental Use Department Yard 2/15/2002 $ 912,580.00 N/A Market 5/21/2013 N/A N/A yard(building completed) 627 Fitch Ave 512-0-150-805 4.19 acres M-1 N/A N/A N/A N/A N/A City Public Works/Park Yard a City Public Works and Parks Yard 10 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY ITEM 8.A. OF THE CITY OF MOORPARK MEETING of -,TO/-5 ACTION: iaae �fLO. 0 IF BY: .,,e- OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agency FROM: Maureen Benson, City Clerk Vklb_ DATE: August 2, 2013 (OB Regular Meeting of 08/20/13) SUBJECT: Consider Resolution Approving Regular Oversight Board Meeting Minutes for March 19, 2013 BACKGROUND AND DISCUSSION Staff has prepared meeting minutes for the Regular Oversight Board meeting of March 19, 2013. STAFF RECOMMENDATION Adopt Resolution No. OB-2013-_, approving the Regular Oversight Board meeting minutes of March 19, 2013. Attachments: 1-Regular Oversight Board meeting draft minutes of March 19, 2013. 2-Draft Resolution 11 ATTACHMENT 1 MINUTES OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Moorpark, California March 19, 2013 A Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark was held on March 19, 2013, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1 . CALL TO ORDER: Chairperson Hamous called the meeting to order at 3:33 p.m. 2. PLEDGE OF ALLEGIANCE: David Bobardt, Community Development Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Board Members Burgh, Ingram, Kasper, Nicks, Parvin, Priestley, and Chairperson Hamous. Absent: Board Member Ingram and Board Member Nicks. Staff Present: Steven Kueny, Executive Director; Ron Ahlers, Finance Director; David Moe, Redevelopment Manager; and Maureen Benson, City Clerk. 4. PUBLIC COMMENT: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PRESENTATION/ACTION/DISCUSSION: None. 7. CONSENT CALENDAR: MOTION: Board Member Parvin moved and Board Member Priestley seconded a motion to approve the Consent Calendar. The motion carried by voice vote 5-0, Board Members Ingram and Nicks absent. 12 Minutes of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark California Page 2 March 19, 2013 A. Consider Resolution Approving Minutes of Regular Meeting of February 19, 2013. Staff Recommendation: Adopt Resolution No. OB-2013-42. B. Consider Resolution Directing the Successor Agency to Transfer Housing Assets Pursuant to Health and Safety Code Section 34176. Staff Recommendation: Adopt Resolution No. OB-2013-43. C. Consider List of Potential Law Firms to Provide Legal Services to the Oversight Board. Staff Recommendation: Receive list and report to staff any potential conflicts of interest. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. None. B. Future Agenda Items. None. 9. ADJOURNMENT: MOTION: Board Member Parvin moved and Board Member Burgh seconded a motion to adjourn the meeting. The motion carried by voice vote 5-0, Board Members Ingram and Nicks absent. The time was 3:36 p.m. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 13 ATTACHMENT 2 RESOLUTION NO. OB-2013- A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE REGULAR MEETING OF AUGUST 20, 2013, APPROVING THE REGULAR OVERSIGHT BOARD MEETING MINUTES OF MARCH 19, 2013 WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark be adopted by resolution; and WHEREAS, at the regular meeting of August 20, 2013, the regular Oversight Board meeting minutes of March 19, 2013, were submitted to the Oversight Board for approval (Agenda Item 8.A.). NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Approve the regular Oversight Board meeting minutes of March 19, 2013. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of August, 2013. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 14 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOOFIPAF K MEETING ITEM 8.13. of ACTION: BY-_ OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agenc FROM: Jessica Sandifer, Management Anal DATE: August 2, 2013 (OB Regular Meeting 8/20/13) SUBJECT: Consider Resolution Authorizing Agreement with Mike's Handyman Service for Property Maintenance at Various Properties BACKGROUND & DISCUSSION The Successor Agency of the Redevelopment Agency of the City of Moorpark ("Successor Agency") is responsible for maintaining the properties that were transferred to it upon the dissolution of the Redevelopment Agency. Oftentimes the property maintenance that is required is of an urgent nature such as graffiti removal, fencing repair, or property damage repair. Staff finds it convenient to maintain an on-call property maintenance agreement with a handyman service in order to take care of the property maintenance issues in an expeditious manner. The Successor Agency has used Mike's Handyman Service (MHS) to perform these property maintenance tasks and is recommending continuing to use MHS for on-going property maintenance on an on-call basis. MHS has the expertise and qualifications to perform these services and is familiar with the Successor Agency's needs. MHS has performed satisfactorily to date. The proposed agreement will be valid through June 30, 2014. The Successor Agency approved the Agreement at the July 17, 2013 meeting. FISCAL IMPACT The agreement is for a not-to-exceed amount of $20,000. Funds for these services have been included on the Successor Agency's Recognized Obligation Payment Schedule (ROPS) in order to ensure sufficient funds are available for the project from the Redevelopment Property Tax Trust Fund (RPTTF) account. If the contract expenditures exceed the amount on the ROPS, the additional funds will be added to future ROPS for repayment from the RPTTF account. 15 Oversight Board August 20, 2013 Page 2 STAFF RECOMMENDATION Adopt Resolution No. OB-2013- authorizing an Agreement between Mike's Handyman Service and the Successor Agency of the Redevelopment Agency of the Ciy of Moorpark subject to final language approval of the Executive Director and Agency Counsel. Attachment 1- Agreement Attachment 2 - Resolution 16 ATTACHMENT 1 AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND MIKE'S HANDYMAN SERVICE, FOR MAINTENANCE OF VARIOUS PROPERTIES OWNED BY THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK THIS AGREEMENT, is made and effective as of this day of , 2013, between the Successor Agency of the Redevelopment Agency of the City of Moorpark, a municipal corporation ("Successor Agency") and Mike's Handyman Service, a sole proprietor ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, Successor Agency has the need for construction services related to property maintenance at various properties owned by the Successor Agency; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution to June 30, 2014, unless this Agreement is terminated or suspended as referred to herein. 2. SCOPE OF SERVICES Successor Agency does hereby retain Contractor in a contractual capacity to provide on-call construction services related to maintenance of properties, as set forth in Exhibit B, Property List, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "List". Contractor will provide a proposal, for which Successor Agency will prepare a written Work Authorization, in the form as provided in Exhibit C, per job request, that will be signed by the Parks and Recreation Director authorizing Contractor to perform the job as requested by Successor Agency. In the event there is a conflict between the provisions of said Work Authorization and Contractor's Proposal, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in each Work Authorization in a timely manner. Compensation for the services to be performed by Contractor shall be in accordance with each Work Authorization, as approved by the Parks and Recreation Director. Compensation for the on-call period shall not exceed the rates or total value of twenty thousand dollars ($20,000) through the term of the Agreement, without the written authorization of the Executive Director. Payment by Successor Agency to Contractor shall be as referred to in this Agreement. 17 Successor Agency and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor's compliance with (a) and (b), and Contractor shall take all necessary actions to ensure subcontractor's compliance. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between Successor Agency and Contractor shall be Mike Boblett, and no other individual may be substituted without the prior written approval of the Executive Director. The Successor Agency's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and Successor Agency, shall be the Executive Director or the Executive Director's designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form, before payments may be made to vendors. The Successor Agency agrees to pay Contractor monthly, in accordance with the terms of this Agreement in the amount indicated on approved Work Authorizations as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed twenty thousand dollars ($20,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are not authorized in a Work Authorization. Contractor 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 Mike's Handyman Service Page 2 of 15 18 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. If the Successor Agency disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the Successor Agency, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The Successor Agency may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Successor 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 Contractor may terminate this Agreement only by providing Successor Agency with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the Executive Director or the Executive Director's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Successor Agency may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the Executive Director or the Executive Director's designee determines that the Contractor 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 Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the Successor Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. Mike's Handyman Service Page 3 of 15 19 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the Executive Director, Contractor shall forfeit and pay to the Successor Agency, as liquidated damages, the sum of two hundred and fifty dollars ($250) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the Successor Agency after the above specified completion date shall not constitute a waiver of liquidated damages by the Successor Agency. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Successor Agency that relate to the performance of services under this Agreement. Contractor 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. Contractor shall provide free access to the representatives of Successor Agency or its designees at reasonable times to such books and records; shall give the Successor Agency the right to examine and audit said books and records; shall permit Successor Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension 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 Successor Agency and may be used, reused, or otherwise disposed of by the Successor Agency without the permission of the Contractor. With respect to computer files, Contractor shall make available to the Successor Agency, at the Contractor's office and upon reasonable written request by the Successor Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by Successor Agency, and hold harmless Successor Agency, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without Mike's Handyman Service Page 4 of 15 20 limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Successor Agency. Should conflict of interest principles preclude a single legal counsel from representing both Successor Agency and Contractor, or should Successor Agency otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the Successor Agency its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Successor Agency (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of Successor Agency under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless Successor Agency for liability attributable to the active negligence of Successor Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Successor Agency is shown to have been actively negligent and where Successor Agency active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Successor Agency. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of Successor Agency to monitor compliance with these requirements imposes no additional obligations on Successor Agency and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Successor Agency as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Mike's Handyman Service Page 5 of 15 21 Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, Successor Agency may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, Successor Agency may release such funds if the Contractor provides Successor Agency with reasonable assurance of protection of the Indemnitees' interests. Successor Agency shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the Successor Agency a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither Successor Agency nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Successor Agency. Contractor shall not incur or have the power to incur any debt, obligation, or liability against Successor Agency, or bind Successor Agency in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, Successor Agency shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for Successor Agency. Successor Agency shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor 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 Contractor shall at all times observe and comply with all such laws and regulations. The Successor Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, Mike's Handyman Service Page 6 of 15 22 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. The Contractor shall have responsibility for compliance with this Section [Labor Code Section 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Successor 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 Successor Agency will receive compensation, directly or indirectly from Contractor, or any officer, employee, or agent of Contractor, 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 Successor Agency to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the Successor Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one (1) 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 Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor 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. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor 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 or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors 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 or its Area of Interest, while under contract with the Successor Agency and for a one (1) year time period following termination of this Agreement. 18. 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 Mike's Handyman Service Page 7 of 15 23 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: To: Executive Director Successor Agency of the Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Mike's Handyman Service Attn: Mike Boblett 1746-F South Victoria Avenue, #354 Ventura, California 93003 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. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the Successor Agency in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. 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 Successor Agency and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Mike's Handyman Service Page 8 of 15 24 23. ENTIRE AGREEMENT This Agreement contains 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, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, 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 both parties to this Agreement. 26. TIME OF COMPLETION Successor Agency and Contractor agree that time is of the essence in this Agreement. Successor Agency and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure Successor Agency, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, Successor Agency and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. Successor Agency and Contractor agree that such sum is reasonable and fair. Furthermore, Successor Agency and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of the Agreement and Work Authorizations. In the event of conflict, the requirements of the Agreement shall take precedence over those contained in the Proposal for each job. Mike's Handyman Service Page 9 of 15 25 28. 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. 29. 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. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK MIKE'S HANDYMAN SERVICE By: By: Steven Kueny, Executive Director Mike Boblett, Owner Attest: Maureen Benson Successor Agency Secretary Mike's Handyman Service Page 10 of 15 26 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Successor Agency in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the Successor Agency. Contractor shall provide the following types and amounts of insurance: 1. Commercial General Liability Commercial General Liability Insurance shall be provided by an 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 shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to Successor Agency for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2. Workers' Compensation Workers' Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1,000,000 per accident for all covered losses. Mike's Handyman Service Page 11 of 15 27 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to Successor Agency for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of Successor Agency following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and Successor Agency agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds Successor Agency, its officials, employees, agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the Successor Agency to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. Successor Agency, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against Successor Agency regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the Successor Agency, or to specifically allow Mike's Handyman Service Page 12 of 15 28 Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and Successor Agency that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of Successor Agency, or to the supervisory role, if any, of Successor Agency. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to Successor Agency is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving Successor Agency in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. 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 Successor Agency and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the Successor Agency, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect Successor Agency's protection without Successor Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to Successor Agency at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, Successor 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 Successor Agency shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at Successor Agency option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to Successor Agency and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in Mike's Handyman Service Page 13 of 15 29 relation to any other insurance or self insurance available to the Successor Agency. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to Successor Agency for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to Successor Agency. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the Successor Agency. At that time the Successor Agency shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The Successor Agency reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Successor Agency will negotiate additional compensation proportional to the increased benefit to Successor Agency. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of Successor Agency to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on Successor Agency nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as Successor Agency, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Mike's Handyman Service Page 14 of 15 30 Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until Successor Agency executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the Successor Agency, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by Successor Agency. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to change Successor Agency or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to Successor Agency. It is not the intent of Successor Agency to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Successor Agency for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to obtain and provide to Successor Agency a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. Successor Agency shall determine the liability limit. Mike's Handyman Service Page 15 of 15 31 EXHIBIT B MIKE'S HANDYMAN SERVICE SUCCESSOR AGENCY PROPERTY LIST Property Address Account Number 347 Moorpark Avenue 9101.2411.5073 467 High Street 9101.2411.5064 412/450 High Street 9101.2411.5084 192 High Street 9101.2411.5038 33 High Street 1000.2410.5040 OTHER MISCELLANEOUS PROPERTIES Contractor ok to do work on other miscellaneous successor agency properties, as determined by the Parks and Recreation Director, as long as the contract not-to-exceed amount is kept intact. 32 EXHIBIT C SUCCESSOR AGENCY WORK AUTHORIZATION GENERAL PROPERTY MAINTENANCE AT Reference Agreement No.: 2013-XXX Work Authorization No.: Contractor: Mike's Handyman Service Date of Original Agreement: XXXXX, 2013 Date of This Work Authorization: XXXXX, 2014 Project Title: Property Maintenance A. Cost Summary: Amount Original Agreement Price $20,000.00 Less Work Authorizations to date $0 Sub-total $0 Work Authorization No. $0 Balance Remaining to Date $20,000 B. Description of Services to be Provided: Contractor shall perform the following services pursuant to this Work Authorization (see proposal dated , Exhibit A): • (Description of Property Maintenances work) C. Schedule: Contractor shall perform the services within fifteen (15) days of authorization. 33 Mike's Handyman Service Work Authorization Page 2 D. Compensation: Contractor shall be compensated for the services completed under this Work Authorization in the amount of ($xxx.00) (see Exhibit A). E. Project Managers: 1. City's Project Manager: Jessica Sandifer 2. Contractor's Project Manager: Mike Boblett CITY OF MOORPARK MIKE'S HANDYMAN SERVICE Jeremy Laurentowski Michael Boblett Parks and Recreation Director Owner 34 ATTACHMENT 2 OB-2013- A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE REGULAR MEETING OF AUGUST 20, 2013, APPROVING AN AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND MIKE'S HANDYMAN SERVICE WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark to be adopted by resolution; and WHEREAS, at the regular meeting of August 20, 2013, the Agreement between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Mike's Handyman Service for maintenance of various properties was submitted to the Oversight Board for approval (Agenda Item 8.13.) NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Approve Agreement between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Mike's Handyman Service. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of August, 2013. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 35 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING ITEM 8.C. of ACTION: BY: OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agenucy FROM: Jessica Sandifer, Management Anal DATE: August 2, 2013 (OB Regular Meeting o 8/20/13) SUBJECT: Consider Resolution Authorizing Agreement with R.A. Atmore and Sons, Inc. for Weed Abatement at Various Properties BACKGROUND & DISCUSSION The Successor Agency of the Redevelopment Agency of the City of Moorpark ("Successor Agency") is responsible for maintaining the properties that were transferred to it upon the dissolution of the Redevelopment Agency. A majority of the properties are vacant land, and it becomes necessary throughout the course of the year, to perform weed abatement activities at each of the properties. Staff finds it convenient to maintain an on-call weed abatement agreement in order to take care of the property maintenance in an expeditious manner. The Successor Agency has used R.A. Atmore and Sons, Inc. ("Atmore") to perform weed abatement in the past and is recommending that the Successor Agency continue to use Atmore for on-going weed abatement on an on-call basis. Atmore has the expertise and qualifications to perform these services and is familiar with the Successor Agency's properties. Atmore has performed satisfactorily for the former Successor Agency. The proposed contract will be valid through June 30, 2014. The Successor Agency approved the Agreement at their July 17, 2013 meeting. FISCAL IMPACT The contract is for a not-to-exceed amount of $10,000. Funds for these services have been included on the Successor Agency's Recognized Obligation Payment Schedule (ROPS) in order to ensure sufficient funds are available for the project from the Redevelopment Property Tax Trust Fund (RPTTF) account. If the contract expenditures exceed the amount on the ROPS, the additional funds will be added to future ROPS for repayment from the RPTTF account. 36 Oversight Board August 20, 2013 Page 2 STAFF RECOMMENDATION Adopt Resolution No. OB-2013- authorizing an Agreement between R.A. Atmore and Sons, Inc. and the Successor Agency of the Redevelopment Agency of the City of Moorpark subject to final language approval of the Executive Director and Agency Counsel. Attachment 1 —Agreement Attachment 2 - Resolution 37 ATTACHMENT 1 AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND R.A. ATMORE AND SONS, INC., FOR WEED ABATEMENT AT VARIOUS LOCATIONS THIS AGREEMENT, is made and effective as of this day of 2013, between the Successor Agency of the Redevelopment Agency of the City of Moorpark, a municipal corporation ("Successor Agency") and R.A. Atmore and Sons, Inc., a corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, Successor Agency has the need for weed abatement services at various properties throughout the fiscal year; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to Successor Agency a Proposal dated July 2, 2013, which is attached hereto as Exhibit B, and constitutes standard billing rates per property weed abatement to be honored for the fiscal year. 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 for the 2013-14 fiscal year and will end on June 30, 2014, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES Successor Agency does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide weed abatement services services, as set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit B, when authorized by the Successor Agency's designated representative on the properties outlined on Exhibit B. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit B. Compensation outlined in Exhibit B is on a per property per time basis. Total value of Consultants work for the entire term of the Agreement shall not exceed the rates or total contract value of ten thousand dollars ($10,000), without the written authorization of the Executive Director. Payment by Successor Agency to Consultant shall be in accordance with the provisions of this Agreement. 38 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. 4. MANAGEMENT The individual directly responsible for Consultant's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between Successor Agency and Consultant shall be Richard Atmore, Jr. and no other individual may be substituted without the prior written approval of the Executive Director. The Successor Agency's contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and Successor Agency, shall be the Executive Director or the Executive Director's designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form, before payments may be made to vendors. The Successor Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, when authorized by the Successor Agency's designated representative, based upon actual time spent on the above tasks. This amount shall not exceed ten thousand dollars ($10,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 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 Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Successor 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 Executive Director. If the Successor 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. R.A. Atmore and Sons, Inc. Page 2 of 14 39 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The Successor 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 Successor 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 Successor Agency with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the Successor 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 Successor Agency. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Successor 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, Successor 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 Executive Director or the Executive Director's designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have seven (7) 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 Successor Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the Executive Director, Consultant shall forfeit and pay to the Successor Agency, as liquidated damages, the sum of twenty-five dollars ($25) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. R.A. Atmore and Sons, Inc. Page 3 of 14 40 Liquidated damages shall be deducted from any payments due or to become due to the Consultant under the terms of this Agreement. Progress payments made by the Successor Agency after the above specified completion date shall not constitute a waiver of liquidated damages by the Successor Agency. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Successor 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 Successor Agency or the Successor Agency's designees at reasonable times to such books and records; shall give the Successor Agency the right to examine and audit said books and records; shall permit Successor Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted Such records, together with supporting documents, shall be maintained for a period of ten (10) 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 Successor Agency and may be used, reused, or otherwise disposed of by the Successor Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Successor Agency, at the Consultant's office and upon reasonable written request by the Successor Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, defend and hold harmless Agency, and any and all of its officers, employees, and agents ("Agency Indemnitees") from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Consultant's performance of its obligations under this Agreement or out of the operations conducted by Consultant, including the Agency's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the Agency. In the event the Agency Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the Agency Indemnitees or at the Agency's option reimburse the Agency Indemnitees their costs of defense, including reasonable legal counsels' fees incurred in defense of such claims. R.A. Atmore and Sons, Inc. Page 4 of 14 41 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth 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 Successor Agency to monitor compliance with these requirements imposes no additional obligations on Successor Agency and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Successor 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. Successor Agency does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by Successor Agency, or the deposit with Successor Agency, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the Successor Agency a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Successor Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Successor Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability against Successor Agency, or bind Successor Agency in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Successor Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Successor Agency. Successor Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. R.A. Atmore and Sons, Inc. Page 5 of 14 42 13. 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 Successor 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. 14. 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. The Consultant shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 15. 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 Successor 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 Successor 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 Successor Agency to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the Successor 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 (1) 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. 17. 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 R.A. Atmore and Sons, Inc. Page 6 of 14 43 firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the city 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 or its Area of Interest, while under contract with the Successor Agency and for a one (1) year time period following termination of this Agreement. 18. 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: To: Executive Director Successor Agency of the Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Richard Atmore, Jr. R.A. Atmore and Sons, Inc. 2977 Sexton Canyon Road Ventura, California 93003 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. 19. 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 Successor Agency in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. 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. R.A. Atmore and Sons, Inc. Page 7 of 14 44 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. 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 Successor 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. 23. 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. 24. ARBITRATION Cases involving a dispute between Successor Agency and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. 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. 26. 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. R.A. Atmore and Sons, Inc. Page 8 of 14 45 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the Successor Agency's Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant's Proposal. 29, 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. 30. 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. 31. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK R.A. ATMORE AND SONS, INC. By: By: Steven Kueny, Executive Director Richard Atmore, Jr., President Attest: Maureen Benson Successor Agency Secretary R.A. Atmore and Sons, Inc. Page 9 of 14 46 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the Successor Agency in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the Successor Agency. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "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 for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the Successor Agency for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval by the Successor Agency following receipt of proof of insurance as required herein. Limits are subject to review. R.A. Atmore and Sons, Inc. Page 10 of 14 47 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 of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the Successor Agency agree to the following with respect to insurance provided by Consultant- 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the Successor Agency, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the Successor 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 Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the Successor Agency or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the Successor Agency and approved 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 of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the Successor Agency, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the Successor Agency's protection without the Successor Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to Successor 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 or reduced at any time and no replacement coverage is provided, the Successor Agency has the right, but not the duty, to obtain any R.A. Atmore and Sons, Inc. Page 11 of 14 48 insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the Successor Agency shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the Successor Agency's option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the Successor Agency of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the Successor Agency. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the Successor Agency for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the Successor Agency. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the Successor Agency. At that time, the Successor Agency shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The Successor Agency reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant 90 days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Successor Agency will negotiate additional compensation proportional to the increased benefit to the Successor Agency. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. R.A. Atmore and Sons, Inc. Page 12 of 14 49 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the Successor Agency to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the Successor Agency nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the Successor 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 the Successor Agency executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. As coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specification applicable to the renewing or new coverage must be provided to the Successor Agency within five days of the expiration of coverage. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the Successor Agency, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the Successor Agency or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the Successor Agency. It is not the intent of the Successor Agency to reimburse any third party for the cost of complying with these requirements. R.A. Atmore and Sons, Inc. Page 13 of 14 50 There shall be no recourse against the Successor Agency for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to Successor Agency of any claim or loss against Consultant arising out of the work performed under this Agreement. The Successor 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 the Successor Agency. R.A. Atmore and Sons, Inc. Page 14 of 14 51 EXHIBIT B R.A. ATMORE STANDARD BILLING RATES REQUEST JULY 1, 2013 TO JUNE 30, 2014 SUCCESSOR AGENCY PROPERTIES ADDRESS ACCOUNT CODE COST 83 West High Street 9101.2411.5090.9252 $305 47-51 High Street 9101.2411.5091.9252 $168 467 High Street 91.01.2411.5064.9252 $273 347 Moorpark Avenue 9101.2411.5073.9252 $221 15404 Princeton Avenue 9101.2411.5033.9252 $273 450 High Street 9101.2411.5084.9252 $457 192 High Street 9101.2411.5038.9252 $221 OTHER MISCELLANEOUS PROPERTIES Contractor ok to do work on other miscellaneous successor agency properties, as determined by the Parks and Recreation Director, as long as the contract not-to-exceed amount is kept intact. 52 ATTACHMENT 2 OB-2013- A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE REGULAR MEETING OF AUGUST 20, 2013, APPROVING AN AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND R.A. ATMORE AND SONS, INC. WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark to be adopted by resolution; and WHEREAS, at the regular meeting of August 20, 2013, the Agreement between the Successor Agency of the Redevelopment Agency of the City of Moorpark and R.A. Atmore and Sons, Inc. for maintenance of various properties was submitted to the Oversight Board for approval (Agenda Item 8.C.) NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . Approve Agreement between the Successor Agency of the Redevelopment Agency of the City of Moorpark and R.A. Atmore and Sons, Inc. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of August, 2013. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 53