HomeMy WebLinkAboutAGENDA REPORT 2015 0701 CCSA REG ITEM 09I ITEM 9.1.
CitY OF MOORPARK,CALIFORNIA
City Council Meeting
of 7-/-20th-
ACTION: d itteran
•
MOORPARK CITYCITY COUNCIL
AGENDA REPORT
�Y: 1777.
TO: Honorable City Council
tt—
FROM: David C. Moe II, Economic Development and Housing Manager D-'"
DATE: June 23, 2014 (CC meeting of 7/1/15)
SUBJECT: Consider Professional Services Agreement With Keyser Marston
Associates to Conduct a Retail, Office, and Hotel Study, and
Resolution Amending the Operation and Capital Improvement
Budget for Fiscal Year 2015/16 in the Amount of $40,000.00 Funded
by Affected Property Owners
BACKGROUND
In 2004, the City of Moorpark ("City") hired Allan D. Kotin and Associates (ADK&A) and
CB Richard Ellis Consulting to conduct a Retail Market and Land Use Feasibility Study
("Retail Study") of the City's retail demand. The Retail Study analyzed the demand of
the City's growing population by retail category and the availability of commercial sites
(existing and vacant land) to accommodate the demand and limit retail leakage.
The Retail Study concluded that the City had significant retail leakage that would require
several thousand square feet of new commercial development consuming
approximately 50 acres of land over the next 20 years. The Retail Study also revealed
that the City does not have a sufficient supply of large sites to accommodate large scale
retail development needed to capture the retail leakage.
DISCUSSION
The retail industry has significantly changed since the City conducted its Retail Study in
2004. Probably the most influential force shaping the retail industry today is the
internet. Internet sales have been increasing at a faster pace than brick and mortar
sales, but now Internet sales are experiencing a shift. Consumers are beginning to shift
away from purchasing items on their laptop or desktop and are now buying via phone or
tablet. Consumers are increasingly using mobile phones and tablets for product
research and online purchasing. This shift to mobile devices is expected to continue in
the future and drive the growth of online sales as more consumers have convenient
access to the internet.
249
Honorable City Council
July 1, 2015
Page 2
Due to the rapidly changing retail market, staff recommended that the City Council
• should revisit the retail market and have the new study include an analysis of the office
market. On July 2, 2014, the City Council directed staff to prepare and advertise a
request for proposals ("RFP") to conduct an office and retail analysis.
Staff developed the RFP and included a section to analyze the feasibility of hotel
development in the City. The RFP was advertised and the City received seven
proposals. After reviewing the proposals, staff selected Keyser Marston Associates
("KMS") for an interview. Staff met with KMA to discuss the scope of work and is
recommending the City enter into an agreement with KMA to conduct the retail, office,
and hotel study. Exhibit A of the attached Professional Services Agreement describes
the scope of work to be completed.
The not to exceed cost of the retail, office, and hotel study is $40,000.00 and will be
paid by developers/property owners desiring to change their commercial zoning
designation to a residential use. The City has currently received a request for a zone
change initiated by Grand Moorpark. The proposed zone change would remove the
commercial designation of a 4-acre lot on Los Angeles Avenue west of Mission Bell
Plaza and replace it with a multifamily residential designation. One of the requirements
the City has imposed on Grand Moorpark is to pay $20,000.00 towards the retail study,
which is on deposit with the City. The remaining $20,000.00 needed to complete the
study will be provided by Mike Ashley and Don Duncan at the time they have submitted
their application to the City to re-designate the commercial zone for the 6.82 acre
property on Spring Road south of Los Angeles Avenue to a zone allowing residential
uses.
FISCAL IMPACT
The adopted Operating and Capital Improvement Budget for Fiscal Year 2015/16 does
not include an allocation for this study. A budget appropriation of $40,000 is needed
from the General Fund (1000). However, actual expenditures would be reimbursed
from funds held in trust from developer/property owners, who agreed to finance the
retail study. Accordingly, a revenue budget increase for $40,000 is also needed.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve a Professional Services Agreement with Keyser Marston Associates to
conduct a retail, office, and hotel study, and authorize the City Manager to sign the
Agreement, subject to final language approval of the City Manager.
250
Honorable City Council
July 1, 2015
Page 3
2. Adopt Resolution No. 2015- amending the adopted Operation and
Capital Improvement Budget for Fiscal Year 2015/16 allocating $40,000.00 for the
study.
Attachment I: Professional Services Agreement
Attachment II: Resolution No. 2015-
251
Attachment I
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND KEYSER MARSTON ASSOCIATES, INC.
FOR RETAIL, OFFICE AND HOTEL STUDY
THIS AGREEMENT, is made and effective as of this day of July, 2015,
between the City of Moorpark, a municipal corporation ("City") and Keyser Marston
Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
WHEREAS, City has the need for Professional services to conduct a retail, office,
and hotel study; 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 City a Proposal dated April 10, 2015,
which is attached hereto as Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit A, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide professional services, as set forth in Exhibit A. In the
event there is a conflict between the provisions of Exhibit A and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit A.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit A.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit A. Compensation shall not exceed the rates or total contract
value Forty Thousand dollars ($40,000.00) as stated in Exhibit A, without a written
Amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
252
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
City and Consultant shall be Kevin Engstorm, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit A, based upon
actual time spent on the above tasks. This amount shall not exceed Forty Thousand
dollars ($40,000.00) 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 and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
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 City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
Keyser Marston Associates Page 2 of 9 253
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City 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 City 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 City 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 City 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 City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City 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, City 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 City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City 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 City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of One
Hundred dollars ($100.00) 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 Consultant under the
Keyser Marston Associates Page 3 of 9 254
terms of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City 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 City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City 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 three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels' fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels' fees
and costs, court costs, interest, defense costs, and expert witness fees), where the
Keyser Marston Associates Page 4 of 9 255
same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or agency
for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section. -
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
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 B 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 City 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 City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City 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, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
Keyser Marston Associates Page 5 of 9 2 56
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, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, 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
Section 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 City 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 City 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 City 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 City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
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.
Keyser Marston Associates Page 6 of 9 2 5 7
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City 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: City Manager
City of Moorpark
799 Moorpark Avenue
• Moorpark, California 93021
To: Kevin Engstrom
Senior Principal
Keyser Marston Associates, Inc.
500 South Grand Avenue, Suite 1480
Los Angeles, California 90071
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 City 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.
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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 City 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, including attorneys' fees, 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 City 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.
Keyser Marston Associates Page 8 of 9 2 59
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 City'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 KEYSER MARSTON ASSOCIATES, Inc.
By: By:
Steven Kueny, City Manager Kevin Engstrom
Title: Senior Principal
Attest:
Maureen Benson, City Clerk
Keyser Marston Associates Page 9 of 9 260
Exhibit A x
KEYSER MARS TON ASSOCIATES
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I,MUEIVC.KELLY Economic Development and Housing Manager
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DAVID DDIVFMA Moorpark, California 93021
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KA➢nFEIN It HEAD Re: Moorpark Retail, Office and Hotel Market Analysis
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KI(VIN E.ENG4N,IM Dear Mr. Moe:
JULIE L.Rc1MEY
Pursuant to your request, Keyser Marston Associates, Inc. (KMA) prepared the following
PAUI.c MARIA scope of services for a market analysis in the City of Moorpark, California (City). As
KMA understands the situation, the City is interesting in evaluating the market potential
for retail, office and hotel uses in the City. To this end, KMA is pleased to submit this
letter proposal to assist the City.
The KMA proposal is organized as follows:
1. KMA's relevant qualifications are summarized;
2. The proposed scope of services is described; and
3. The proposed budget and timing for the engagement are provided.
The Project Lead for this analysis is:
Kevin Engstrom
Senior Principal
(213) 622-8095
kengstrom(a�keysermarston.com
500 SOIJFH GRAND AVENUIS,SUITE 1480 LOS ANGELES,CALIFORNIA 90(171 - PROW 213 622 N1195 . I'AX.2/36225204
1504008.KMA.KEE emm
99900 000 002
261
Mr. David Moe April 10, 2015
City of Moorpark Page 2
STATEMENT OF QUALIFICATIONS
Description of the Firm
KMA is a full service real estate, financial, redevelopment and economic consulting firm
specializing in real estate advisory and evaluation services. KMA is a privately held
corporation that was incorporated in 1973. KMA has one of the largest real estate
advisory practices on the West Coast. The majority of KMA assignments involve long-
standing client relationships.
KMA has 19 professional staff members in offices located in Los Angeles, San Francisco
and San Diego. Resumes of the key individuals available for this assignment are shown
in Attachment 1. The downtown Los Angeles office provides consulting services to
government agencies and private sector clients throughout Southern California.
KMA's services fall within the following general areas:
• Real Estate Evaluation and Transaction Services
• Strategic Planning and Economic Development Services
• Affordable Housing
• Valuation and Litigation Support
• Fiscal Impact Analyses
• Infrastructure and Public Finance Structuring
The increased complexities of real estate transactions demand a strong technical
understanding of market opportunities and constraints. KMA can provide services that
are grounded in a fundamental understanding of the Southern California real estate
market, valuations and investment financing. Unique characteristics possessed by KMA
include:
Experience
KMA has 40 years of experience assisting clients throughout the West in real estate
market and evaluation services; negotiation services; structuring public/private
transactions; and project implementation services.
1504008.KMA.KE E.amm
99900 000.002
262
Mr. David Moe April 10, 2015
City of Moorpark Page 3
Cost Effectiveness
KMA is able to be cost effective for our clients given our ability to provide comprehensive
services relating to market and financial feasibility, economic analysis, direct
implementation experience and public finance without the need for multiple consultants.
Commitment
KMA offers the commitment of principals who are recognized leaders in real estate
advisory services throughout California. The philosophy and structure of KMA results in
clients having maximum direct contact with the firm's principals.
Relevant Areas of Expertise
KMA provides a full range of real estate advisory services and economic development
services to our clients. Descriptions of the firm's services that are pertinent to this
engagement follow:
Feasibility Assessment •
KMA has undertaken feasibility studies for clients including public agencies at all levels
of government, institutional investors, and national shopping center developers. While
the purpose of these studies varies considerably, the essence is to identify the basic
demand for the use being tested, which is an essential component in the decision
making process. KMA has broad experience in commercial, retail and residential market
opportunity assessments, and has assisted clients in identifying mid- to long-term
development strategies. To this end, KMA has prepared market, financial and
implementation studies for downtowns and corridors throughout Ventura, Los Angeles,
San Bernardino, Riverside and Orange Counties.
Financial Evaluation
The use of pro forma financial analyses to evaluate the financial feasibility of a wide
range of projects is a strength of KMA. These financial feasibility analyses are typically
geared toward providing KMA's perspective on the development economics for
proposed projects.
Disposition Consulting
KMA services in this area include preparation of developer solicitation documents,
proposal review,developer selection, participation in developer or owner negotiations,
and analysis of pending agreements. KMA has taken an active role in the negotiation
150400B KMAKEE:emm
99900 000 002
263
Mr. David Moe April 10, 2015
City of Moorpark Page 4
process leading to numerous Ground Leases, Disposition and Development
Agreements, and Owner Participation Agreements.
Strategic Plans for Residential, Retail, Commercial and Industrial Uses
KMA's economic development services include identifying optimal mix of retail,
commercial and industrial uses. KMA's services have assisted public sector clients in
formulating policies that maximize revenue potential.
Fiscal Impact Analysis
As a full service land economics consulting firm specializing in real estate
predevelopment and evaluation services, KMA has developed extensive experience in
assessing the revenue and cost impacts to be generated by proposed developments or
implementation of plans. These analyses evaluate capital costs, and annual ongoing
revenue and service cost impacts, as well as the employment and income effects.
Project Qualifications
Beach Boulevard Corridor Analysis— City of Anaheim
KMA evaluated the market opportunities for the Beach Boulevard Corridor in the City of
Anaheim. The analysis included a review of residential, office, retail and hotel market
conditions. The analysis identified the type of developments best suited for the area
given immediate and long-term demand. Based on this review, the project team
prepared a series of development programs for the Corridor that included a mix of
commercial and residential prototypes. Based on the plans, KMA evaluated the
potential development feasibility of the projects at varying levels of development
• intensity. The analysis identified the density levels required to effectuate the
development/redevelopment of catalytic sites along the Corridor.
Project Lead: Kevin Engstrom
Reference:
Mr. Jonathan Borrego
Planning Services Manager
City of Anaheim
(714) 765-5139
JBorrego@anaheim.net
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•
Economic Development Opportunity— City of Bell
KMA evaluated the market opportunities for the creation of a "downtown" Bell. The
analysis included a review of residential, office and retail market conditions. Based on
this review, the project team prepared a series of development programs for the
"downtown" that included a mix of commercial, entertainment, and residential
development. In addition, the project included the evaluation of institutional
development(County Library, City Hall, Police Station and Fire Station) and its potential
role in activating the "downtown." Based on the plans, KMA evaluated the potential
development feasibility with the inclusion of New Market Tax Credits and other potential
funding sources.
Project Lead: Kevin Engstrom
Reference:
Mr. Joe Perez
Community Development Director
City of Bell
(323) 588-6211 ext 296
jperez@cityofbell.org
Economic Feasibility Analysis of Revitalization Areas— City of Newport Beach
KMA assisted the City in creating implementation plans that evaluate public and private
sector investment opportunities and parking issues in areas identified as the Lido Village
/ Balboa Boulevard Study Area and the Balboa Village Study Area. In addition, KMA
provided a perspective on the general market conditions exhibited on the Balboa
Peninsula in general and in the Mariner's Mile area to the City. The team worked closely
with both the public and private stakeholders in the community. KMA utilized its
knowledge of the coastal Orange County real estate market, along with knowledge of the
various aspects of real estate development, to develop implementation plans that are
based upon real-world practical experience. These plans consider the role of the capital
markets in assessing financial feasibility, and other practicalities of development. The
analysis included a series of pro forma analyses to test the feasibility of catalytic
development programs in the Study Areas. Further, the analysis provided a series of
implementation recommendations that can stimulate market supported development
opportunities.
Project Lead: Kevin Engstrom and Kathleen Head
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Mr. David Moe April 10, 2015
City of Moorpark Page 6
Reference:
Ms. Kimberly Brandt
City of Newport Beach
Community Development Director
(949) 644-3228
kbra ndt(ahnewportbeachca.gov
San Juan Capistrano— Downtown Master Plan
KMA assisted the City in preparing a master plan for their Downtown. The analysis
evaluated market demand identifying reasonable levels of development for retail, office
and residential development. Working with the project team, KMA prepared a series of
financial analyses, evaluating the feasibility of alternative densities and land uses within
the Downtown, with particular attention paid to identifying land uses that would revitalize
the area. Based on that feedback, alternative plans for the Downtown were prepared
that would promote the economic development goals of the City. KMA then prepared a
fiscal analysis of the proposed plans, estimating the annual City revenues and expenses
related to build-out.
Project Lead: Kevin Engstrom and Jim Rabe
Reference:
Ms. Cindy Russell
Chief Financial Officer I City Treasurer
City of San Juan Capistrano
(949) 443-6301
drussell@sanjuancapistrano.org
Opportunity Sites— City of Diamond Bar
KMA evaluated the market opportunities for four key parcels in the City of Diamond Bar.
Specifically, the City wanted to evaluate the market opportunities for those land uses
that could generate additional public revenues for the City's general fund. To that end,
KMA evaluated the market conditions for retail, office and hotel development on the
sites. The analysis considered the socio-economic characteristics of the market area,
retail surplus leakage and future lodging demand. Based on the market conditions, KMA
identified reasonable development programs that could be developed on the parcels.
Finally, KMA evaluated the financial feasibility of alternative development programs and
estimated the potential public revenues generated by the new development. For those
properties owned by the City, KMA identified potential disposition strategies.
Project Lead:-Kevin Engstrom
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Reference:
Mr. James DeStefano
City Manager
City of Diamond Bar
(909) 839-7010
jdestefanoCo,diamondbarca.qov
Acknowledgements
1. KMA has the available capacity within its current personnel and workload to
complete this scope of work within the anticipated timeframe.
2. KMA does not have any conflicts of interest that may exist with other clients or
projects currently underway.
3. Similar projects currently managed by Kevin Engstrom include: City of Industry
Economic Development Plan, City of Diamond Bar Economic Development Plan,
Dana Point Harbor Renovation, San Gabriel Hotel Feasibility Analysis, Katella
Corridor Market& Fiscal Analysis, and Plaza Mexico Expansion Analysis.
4. KMA's Certificate of Liability Insurance is appended to this proposal as
Attachment 2, it provides the level of insurance carried by KMA.
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PROPOSED SCOPE OF SERVICES
KMA is proposing to undertake the following work scope which is separated into three
tasks: Market Area Review, Market Conditions Analysis, and City Opportunities.
Task I — Market Area Review
Socio-Economic Characteristics and,Background Data Collection
KMA will analyze the makeup of both the City (City) and the market area residents.
There are a number of important demographic and economic characteristics that will
profoundly impact market support for retail and commercial development. Included
among these are the number of households, household formation, population, income
levels and the resulting retail expenditures potential. This information will be obtained
from agencies such as the State Department of Finance, local governmental agencies,
private firms specializing in demographic data and market research conducted by KMA.
In addition, KMA will review any reports recently completed for or by the City.
Businesses
Working with the City, KMA will identify the businesses and employment in the City.
Sources of information will include market area reconnaissance, a review of the general
land use plan, data from private suppliers and any inventory studies the City has
performed.
Retail and Office Inventory
Working with the City, KMA will prepare a commercial building inventory of the City. The
analysis will identify retail and office development in the City, with accompanying maps
to identify the projects. Based on the developments in the City, KMA will identify the
following:
• Name of development
• Scope of development
• Tenant types (including estimated square footage)
• Vacancies
• Quality of development (e.g. Class A, B, etc.)
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The analysis will consider the mix of office and retail in commercial centers, identifying
the space allocated to retail, office and institutional uses. The mix of users often
provides an understanding of market area demand and the quality of the improvements.
Task II — Market Conditions Analysis
The Market Area Review will set the stage for KMA's subsequent research. By first
identifying the salient factors that will impact future development, KMA can proceed with
an assessment of market conditions to identify near- to mid-term development
opportunities. The assessment of market conditions will consider the strengths,
weaknesses and opportunities embodied for present and future uses in the City. The
analysis will include the following:
• Real Estate Conditions
o Local and regional rent levels
o Vacancy rates
o Land and building values
o Recent transactions
o Proposed developments
• Market Area Performance
o Sales productivity levels
o Retail surplus/leakage analysis by establishment type
o Potential expenditures by office employees
o Retail demand through 2030
o Office demand through 2030
In addition, KMA will summarize the performance of hotels in the market area; including,
average daily rates, occupancy levels and regional demand projections. Based on the
information compiled, KMA will evaluate the strengths and weaknesses embodied by the
existing uses both in the City and surrounding jurisdictions. Sources of this information
include brokers active in the area, real estate market reports prepared by real estate
service corporations, sales tax information provided by the City, State Board of
Equalization, local governmental agencies, private firms specializing in demographic
data and market research conducted by KMA. '
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Task III — City Opportunities
Based on the marketplace population size and income levels, potential expenditures,
and the advantages of the City, KMA will identify opportunities in the City. Particular
attention will be given to identifying voids in the marketplace and the potential
overbuilding of some types of commercial space. Consideration will also be given to the
compatibility of potential land uses with the current land uses in the City.
Based on the market area demand, opportunities and voids, KMA will identify the types
of retail, office and hotel uses best suited for the City. The analysis will consider both
retail and office market trends that will affect demand through the 15 year projection
period. The physical configuration of these uses (e.g. neighborhood retail center, mixed-
use development, etc.) will be assessed in light of development patterns in the Market
Area. Particular attention will be given to identifying potential sites for future
development in an effort to maximize employment and retail sales in the City. In addition,
KMA will consider the existing improvements in the City and suitability for capturing
future demand.
Upon completing the analysis, KMA will prepare a memorandum summarizing the key
findings, issues and opportunities for the City.
PROJECT BUDGET & SCHEDULE
Given the nature of the assignment, the study would be prepared for a not-to-exceed
budget of$40,000. For the purposes of this analysis, KMA anticipates attending four
meetings. Any additional meetings will be billed on a time-and-expenses basis in
accordance with the attached rate schedule (Attachment 3). The City will be billed
monthly during the analysis. KMA believes the analysis can be completed within eight
weeks of receiving authorization to proceed and any data/information requested from the
City.
We hope the above meets your needs, and are available to discuss the above at your
convenience.
Sincerely,
KEYSER MARSTON ASSOCIATES, INC.
Kevin Engstrom
Attachments
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ATTACHMENT 1
271
KEYSER MARSTON ASSOCIATES INC.
Kevin Engstrom
Kevin Engstrom is a Senior Principal in the Los Angeles office of Keyser Marston.For more than 17 years he has provided
public and private clients with real estate and financial expertise.
KEY ROLE
Mr. Engstrom has provided public and private clients with real estate and financial expertise, including:market and financial
feasibility studies,fiscal impact analyses,economic revitalization consulting,financial modeling,developer selection and
disposition consulting.
SPECIFIC AREAS OF EXPERTISE
Market and Feasibility Studies
During his tenure at Keyser Marston,Mr.Engstrom has conducted a number of market and feasibility studies for cities
throughout California. For these analyses Mr. Engstrom assessed current market conditions; projected future demand for
residential, retail,office, industrial and hotel development;tested the financial feasibility of prototypical projects;prepared
fiscal impact projections;and created implementation strategies. Projects have included general plan updates,specific
plans,master plans,corridor studies,economic development strategies and highest and best use analyses. These studies
have occurred throughout Orange, Los Angeles, Riverside,San Bernardino,Ventura and Fresno counties.
Disposition Consulting
In addition, Mr. Engstrom has consulted in all areas of the disposition process for surplus properties for public agencies. His
experience includes project planning, preparing and evaluating Requests for Proposals and Qualifications,developer
selection, negotiation support and financial feasibility analyses for cities throughout the State, including Los Angeles,
Anaheim, Brea, Glendale,Long Beach,Poway,Pasadena,Redondo Beach.Rancho Mirage,San Juan Capistrano and
Monterey Park.
Market and Financial Services for Hotel Projects
Mr. Engstrom has provided consulting services for over 75 hotel projects throughout California,including the Olympic North
Hotels, Beverly Hills Montage, Huntington Beach Grand Hyatt,Anaheim Doubletree and the Glendale Embassy Suites. The
analyses include,market assessments,financial feasibility analyses,public revenue projections,reviewing EB-5 financing
strategies and developing financial assistance programs.
PROFESSIONAL CREDENTIALS
Mr. Engstrom is a member of the Urban Land Institute and the International Council of Shopping Centers. For over five
years,Mr. Engstrom instructed the Basic Pro and Advanced Pro Forma Class at the CRA's Redevelopment Institute in
Southern California.In addition,he has taught a Real Estate Finance and Development Pro Forma class at the American
Planning Association—California Chapter annual Conference. Mr.Engstrom has also served as an instructor at California
State University Fullerton in the Geography department.
Mr.Engstrom earned his master of arts from the University of Arizona and his bachelor of arts from Villanova University.
272
KEYSER MARSTON ASSOCIATES INC.
Kathleen H. Head
•
Kathe Head is the Managing Principal of the Keyser Marston Associates,Inc.Los Angeles office. Kathe joined the firm in
1983.and manages the firm's affordable housing practice. She also provides public and private clients with real estate
economic analysis for a wide variety of land uses
KEY ROLE
Mr. Kathe plays a key role in structuring affordable housing transactions,strategy development,policy analyses and
program creation for housing successors to former redevelopment agencies,cities and counties throughout California. She
also actively participates in crafting California legislative housing initiatives.
During her tenure at Keyser Marston,Kathe has assisted more than 100 public sector clients throughout California,and has
also represented several clients in other western states. A representative sample of clients that she has assisted includes
Long Beach,Anaheim.Burbank,Culver City,Los Angeles, Pasadena, Huntington Beach.Santa Ana and Costa Mesa.
SPECIFIC AREAS OF EXPERTISE
Affordable Housing Transactions
Kathe advises clients in structuring a wide variety of affordable housing projects,with transactions ranging from the complex
leveraging and layering of multiple funding sources for multi-phased mixed-use projects,to the simple acquisition and
rehabilitation of single buildings. Her involvement with projects ranges from the initial creation of RFP/Q's for developer
solicitation,to the negotiation and implementation of the agreement that will guide the development. She has experience
working with Property Tax Increment Housing Set-Aside funds; Federal HOME,CDBG,Section 202, Section 811 and NSP
funds; Federal and State Low Income Housing Tax Credits;Tax-Exempt Multi-Family Bonds:California Housing and
Community Development Department programs including the Multi-Family Housing Program,BEGIN and CalHome;and
Affordable Housing Program funds offered by the Federal Home Loan Bank.
Affordable Housing Strategies/Policies
Kathe has assisted in creating much of the major affordable housing legislation enacted by the State of California. Utilizing
that expertise,she has assisted several cities in developing comprehensive strategies for fulfilling both the legal
requirements and the client's policy goals and objectives.
Affordable Housing Programs
Kathe has participated in the creation of over 20 inclusionary housing programs. These programs are designed to assist the
jurisdiction in fulfilling the affordable housing production requirements that were imposed by the California Redevelopment
Law and the Regional Housing Needs Assessment goals imposed for Housing Element purposes. Her role includes the
recommendation of the appropriate requirements to be applied by each jurisdiction, the accompanying economic burden
analysis and in-lieu fees studies.
Kathe has assisted numerous clients in the creation of home buyer programs,rehabilitation loan programs and programs
targeting specific neighborhoods for a variety of affordable housing activities.
PROFESSIONAL CREDENTIALS
Kathe holds master's degrees in business administration and urban planning from UCLA,and a bachelor's degree in history
from UCLA. She has taught the Advanced Affordable Housing and Inclusionary Housing courses offered by the CRA;
lectured at the UCLA and USC Planning Schools;and is a frequent speaker at League of Cities,American Planning
Association and NAHRO conferences.
273
KEYSER MARSTON ASSOCIATES INC.
James A. Rabe
•
•
•
Mr. Rabe is a Senior Principal in Keyser Marston's Los Angeles office. For more than 30 years he has provided public and
private clients with real estate and financial expertise.
KEY ROLE
Mr. Rabe assists clients in public/private real estate and economic development activities from Keyser Marston's Los
Angeles office. He provides public and private sector clients with services in the following areas: public finance,specific
plan feasibility, fiscal impact,financial modeling,developer selection,asset management,ground leasing and deal
structuring and transaction negotiation.
SPECIFIC AREAS OF EXPERTISE
Public/Private Development Specialist
Recognized as an expert in real estate advisory services,Mr.Rabe specializes in public/private transactions. Examples
include the acquisition of Los Angeles Union Station. Harmony planned development,Gardenwalk, Grand Avenue project,
Marina del Rey redevelopment,the revitalization of downtown Anaheim and numerous transit-oriented joint development
projects. He has assisted public and private clients in the analysis and implementation of residential,commercial,industrial,
office,hotel, and mixed-use projects,and master plan developments in California,Arizona and Nevada.
Additional Areas of Specialization
Mr. Rabe has consulted in all areas of the disposition process for redevelopment projects and surplus properties for public
agencies,including project planning,Requests for Proposals and Qualifications,and developer selection. He has worked
with planning consultants to develop feasible specific plans. He has also served as financial advisor,special tax consultant
and developer's advisor for bond issues in California.
PROFESSIONAL CREDENTIALS
Mr. Rabe is a member of the Counselors of Real Estate(CRE). He is a past board member of the California Association for
Local Economic Development(CALED),a member of the California Redevelopment Association,the Urban Land Institute
(ULI)and the Downtown Los Angeles Breakfast Club. He served as President of the Verdugo Hills Boy Scout Council and
as a Resource Professional and Professional Advisory Panel member for ULI,CRE,CALED and the California
Redevelopment Association. Mr.Rabe is a lecturer at the University of Southern California,School of Planning and Policy
Development. Mr. Rahe has also served as a guest lecturer at the University of California,Los Angeles School of
Architecture and Urban Planning.
Mr.Rabe eamed his master of arts in economics from the University of Southern California,and his bachelor of arts in
economics from the University of California,San Diego.
274
ATTACHMENT 2
275
KEYSER MARSTON ASSOCIATES, INC.
HOURLY RATES
2014/2015
A. JERRY KEYSER* $280.00
MANAGING PRINCIPALS $280.00
SENIOR PRINCIPALS* $270.00
PRINCIPALS* $250.00
MANAGERS* $225.00
SENIOR ASSOCIATES $187.50
ASSOCIATES $167.50
SENIOR ANALYSTS $150.00
ANALYSTS $130.00
TECHNICAL STAFF $95.00
ADMINISTRATIVE STAFF $80.00
Directly related job expenses not included in the above rates are: auto mileage, parking, air
fares, hotels and motels, meals, car rentals, taxis, telephone calls, delivery, electronic data
processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date.
" Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
276
Exhibit B
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 City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
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 $1,000,000.00 per occurrence for all covered losses and no less than
$2,000,000.00 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 $1,000,000.00 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 $1,000,000.00 per accident
or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000.00 per claim and in the aggregate. The policy must
"pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
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
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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 City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$2,000,000.00 aggregate.
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 City 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 City, 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 City 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 City 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 City 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 City, 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 City's protection without the
City's prior written consent.
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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 city 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 City 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 the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City 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 City.
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 City 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 City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City 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 City 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
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City 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 City, 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 City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City 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 City,
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 City or
Consultant for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City 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 City.
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ATTACHMENT II
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2015/2016 BUDGET TO INCREASE REVENUE AND
APPROPRIATE $40,000 FROM THE GENERAL FUND (1000)
TO CONDUCT A RETAIL, OFFICE, AND HOTEL STUDY
WHEREAS, on June 17, 2015, the City of Moorpark adopted the Operating and
Capital Improvement budget for Fiscal Year 2015/16; and
WHEREAS, a staff report has been presented to the City Council recommending
the approval of a professional services agreement with Keyser Marston Associates to
conduct a retail, office, and hotel study; and
WHEREAS, the City has conditioned certain developers to finance this study as
part of their request to re-designate the commercial zoning of their property to a
residential use; and
WHEREAS, a budget appropriation in the amount of $40,000 is requested from
the General Fund (1000) to allocate funding for the retail, office, and hotel study; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A revenue budget amendment in the amount of $40,000 from the
General Fund (1000), as more particularly described in Exhibit "A", attached hereto, is
hereby approved.
SECTION 2. An expenditure budget amendment in the amount of $40,000 from
the General Fund (1000), as more particularly described in Exhibit "A", attached hereto,
is hereby approved.
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 1st day of July, 2015
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Budget Amendment
282
EXHIBIT A
BUDGET AMENDMENT FOR
General Fund (1000)for Professional Services Agreement to Conduct a
Retail, Office, and Hotel Study
FY 2015/16
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
General Fund 1000-5500 $ -
Total $ -
REVENUE BUDGET ALLOCATION:
Account Number Current Budget Revision Amended Budget
1000-3751 $ 210,000.00 ' $ 40,000.00 $ 250,000.00
$ - $ - $
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Total $ 210,000.00 $ 40,000.00 $ 250,000.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
1000.2410.0000.9103 $ 9,300.00 $ 404000.00 $ 49,300.00
$ - $ - $ -
$ - $ - $
$ - $ - $ -
$ - $ - $
Total $ 9,300.00 $ 40,000.00 $ 49,300.00
Finance Approval: c-C iC,
283