HomeMy WebLinkAboutAGENDA REPORT 2013 0904 CCSA REG ITEM 10P ITEM 10.P.
..�iy C7LtndG isaw�sit5,
MOORPARK CITY COUNCIL q-'�G-o70i,3
AGENDA REPORT tkk :
TO: The Honorable City Council �Jh.
FROM: Hugh Riley, Assistant City Ma na er
PREPARED BY: John Brand, Senior Management Analyst
DATE: August 29, 2013 (CC meeting of 9/04/2013)
SUBJECT: Consider Resolution Authorizing the City Manager to Negotiate an
Agreement with Catholic Charities of Ventura County to Provide a Part
Time Day Worker Coordinator for the Day Laborer Site and Amending
the Fiscal Year 2013/14 Budget.
SUMMARY
The City Council is being asked to consider approving an agreement to provide a Coordinator
to support the Day Laborer Site located at the Ruben Castro Human Services Center,and to
appropriate $9,000 to fund the project.
BACKGROUND
For over two decades, the City Council has placed a high priority in its Goals and Objectives
to seek a solution to the day laborers loitering along High Street and other locations.
Day laborers, congregate wherever they can be visible to potential employers. In Moorpark,
they seek casual employment generally in the fields of landscaping, plumbing, roofing,
painting, carpentry and domestic work. Most day laborers gather in the vicinity of High Street
and Spring Road, at the Tipsy Fox Liquor Store and Market. Although it is not unlawful for
day laborers to solicit employment adjacent to city streets,the presence of the day laborers in
this area has created a conflict with nearby residents and businesses. Public safety issues
including defacement of public and private property, public defecation and urination,
trespassing, traffic hazards, sexual harassment, drug dealing, public intoxication,theft and in
a few circumstances, assault have been reported. Though the day laborers that engage in
serious illegal activities are few, their actions stigmatize those that earnestly look for work.
Since its inception, providing an off-street space for day laborers has been a component of
the Ruben Castro Human Services Center.
341
Day Laborers
CC Meeting of September 4, 2013
Page 2
On Monday, May 6, 2013, the day labor room opened at the Ruben Castro Human Services
Center located at 612 Spring Road. Outreach for the launch of the project was very localized.
Bi-lingual flyers (Exhibit B) were distributed to High Street businesses. The City Newsletter,
Recreation Guide, and solid waste bill insert each contained stories on relocating the day
laborers, and they both reached Moorpark mail recipients during the first week of May. Small
directional signs are posted on the streets pointing to the day labor area.
For the first week staff was stationed on High Street and directed employers and workers to
the day labor site. Arrangements were made with Catholic Charities to unlock the vestibule
room, which includes a vending machine and an adjacent rest room for the day laborers to
use. The day labor room is open 6 am — 12 noon Monday through Saturday, thirty-six (36)
hours per week.
Most of the day laborers have been very cooperative, and began compliance after the first
day. There have been no complaints from other tenants of the Ruben Castro Human
Services Center.
DISCUSSION
Moorpark as a community seems to have embraced the project. A small table had to be
placed in the day laborers'vestibule room because local organizations(churches and service
clubs) and individuals frequently bring food such as pastries for the day laborers. Catholic
Charities has provided forty-four day laborers with new shoes, clothing, and other personal
necessities. On Saturday, June 15 volunteers prepared a Fathers' Day dinner for the day
laborers. A coffee maker has been donated.
Staff continues to monitor the site and vicinity to deter a return to the old corner sites. Staff
has evaluated a possible contract to provide more focused monitoring at the site.
Discussions with Catholic Charities resulted in the proposal to provide a Day Labor
Coordinator(Exhibit B). To keep costs down, it is proposed that the contract be for two (2)
hours per day, six days a week, not to exceed $9,000.00 per year. $7,500 would be required
for the forty (40) weeks remaining in the 2013-14 Fiscal Year.
General duties of the Day Labor Coordinator would be to keep the day labor area clean,
including the rest room, vestibule, patio and driveway, maintain order among the workers and
employers, and to discourage loitering near the corner of High Street, and the hazardous
area near the railroad crossing. It is anticipated that the agreement may contain other duties
for the Coordinator, who would be recruited and hired by Catholic Charities. The Catholic
Charities organization has experience operating day labor sites in other cities.
C\UsersUbrand\Desktop\John staff reportsTast Staff Reports and Resos\Special Projects\Day Worker Coorinator staff report.docx
342
Day Laborers
CC Meeting of September 4, 2013
Page 3
FISCAL IMPACT
An additional $7,500 for ten (10) months this Fiscal Year would be appropriated from the
General Fund Reserve, increasing the City's Operating Budget.
STAFF RECOMMENDATION ROLL CALL VOTE
1. Authorize the City Manager to execute the agreement with Catholic Charities of
Ventura County, subject to City Manager and City Attorney final language approval.
2. Adopt Resolution No. 2013- amending the FY 2013/14 Budget.
Attachment 1 Resolution
Exhibit A Budget Amendment Form
Attachment 2: Day Labor Center flyer
Attachment 3: Draft Agreement
Exhibit B: Scope of Work
C:\UsersUbrand\DesktopUohn staff reports\Past Staff Reports and Resos\Special Projects\Day Worker Coorinator staff report.docx
343
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE
FISCAL YEAR 2013-2014 BUDGET TO ALLOCATE
$7,500 FROM THE GENERAL FUND (1000) TO THE
CITY COUNCIL DIVISION (8675) FOR THE PURPOSE
OF CONTRACTING FOR A DAY WORKER
COORDINATOR
WHEREAS, on June 19, 2013, the City Council adopted the operating and
capital improvement projects budget for Fiscal Year 2013-14; and
WHEREAS, a staff report has been presented to said Council discussing the
need to contract for a Day Worker Coordinator at the Ruben Castro Human Services
Center; and
WHEREAS, an additional appropriation of $7,500 is requested from the General
Fund (1000) to the City Council Department (8675)to fund this project; and
WHEREAS, Exhibit A hereof describes said budget amendment and its 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 budget amendment allocating $7,500 from the General Fund
Reserve (1000) to the City Council Department (8675) for the purpose of paying for a
contract for Day Worker Coordinator services particularly described in Exhibit A
attached hereto is hereby approved.
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 4th day of September, 2014.
ATTEST: Janice S. Parvin, Mayor
Maureen Benson, City Clerk
ATTACHMENT: Exhibit A - Budget Amendment
Attachment 1 344
EXHIBIT A
BUDGET AMENDMENT FOR GENERAL FUND RESERVE (1000) FOR
CONTRACTUAL SERVICES FOR A DAY WORKER COORDINATOR
FY 2013/14
FUND ALLOCATION FROM:
Fund Title Fund Account Number Amount
General Fund 1000-5500 $7,500
Total $7,500
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
BUDGET NUMBER ORIGINAL REVISION ADJUSTED
BUDGET BUDGET
1000.1100.0000.9102 $6,500 $7,500 $14,000
Total $6,500 $7,500 $14,000
Approved as to form:
345
Moorpark Colt)(
Day laborers Relocate to
Ruben Castro Human Services Center
The day laborers currently assembling at the *DROP-OFF&PICK-UP
corner of Spring Road and High Street, as well as
---_----1----
------- - --- %
other locations, will be moving to the assembly ,
area at the new Ruben Castro Human Services LM ABORER "°'d`�"°
L xuew+sEaysca+TMx 1
O AR NO ao wc ,-
Center at 612 Spring Road effective May 6, 2013. 12 1 1
The workers will be available for casual employ-
(a MO�ARK
ment opportunities at the northwest corner of
the Ruben Castro Human Services Center, north '
driveway entrance.
The designated day laborer site in the City of
Moorpark is designed to allow persons seek-
ing casual labor work to safely congregate and
be matched with employers seeking temporary
workers. The main objective of the day laborer ;o I
site is to reduce the number of sites where day
laborers congregate in the various corners within
U)
the community. ~ 1
Z W1
rc o 1
1
Persons wishing to hire workers can drive into the
service center, stop at the pick-up location, and 1 '
1 ,
hire the workers. Northbound traffic on Spring
Road can turn right at the north entrance of the `�♦----��Y�:�vENUE
site and pull into the pick-up area.To exit, continue
around the parking lot to Spring Road or exit at
Minor Street. Exiting onto Spring Road is a "Right
Turn Only."
The-City do-es--rrot-intervene-in the employment-transactian between th-e day lahorer and empioyer.
There are no fees to employers or day laborers to utilize the services at the site. Other than providing
the site and basic amenities such as water, sanitary facilities, and vending machines, there is no cost
to the City. We express our appreciation to the Moorpark Food Pantry for assisting in opening
and closing the day laborer site. The day labor area will be open from 6:00 a.m. until noon, Monday
through Saturday.
Moorpark r e.
wwwdmoorpark.ca.us
Attachment 2 346
Moorpark C11'ty News
LOS JORNALEROS SE REUBICAN AL
CENTRO DE SERVICIOS HUMANOS RUBEN CASTRO
Los jornaleros que actualmente se reunen en la
esquina de Spring Road y High Street y en otros * *DROP-0FF&PICKd1P
lugares se trasladaran al area de reunion en el
nuevo Centro de Servicios Humanos Ruben Castro DAY _
1 1
en 612 Spring Road comenzando a partir del 6 de ��
MEA
'a NG
mayo de 2013. Los trabajadores estaran disponibles .z T
11
para oportunidades de empleo informal en la esquina
noroeste del Centro de Servicios Humanos Ruben
_-- —
Castro, en el camino de entrada al norte. �'"""'�"'""""""�`""`"`""`
El sitio destinado para los jornaleros en la Ciudad de
Moorpark fue disenado para permitir que aquellas 1
personas que buscan trabajo informal se reunan sin
peligro y se encuentren con empleadores que
1
buscan trabajadores temporales.
1
Las personas que deseen contratar a los
trabajadores pueden dirigirse al Centro de Servicio, ,a z 1
detenerse en la parada y ahi contratar a los Nf
trabajadores. El trafico con direccion norte sobre
Spring Road puede dar vuelta a la derecha en la
antrada norte del lugar y acercarse a la parada. Para A.
salir, continue rodeando el estacionamiento hacia
Spring Road o salga en Minor Street. La salida a
Spring Road es "Solo Vuelta a la Derecha."
D objetivo principal del sitio para jornaleros es reducir el numero de lugares donde los jornaleros se reunen en
/arias esquinas dentro de la comunidad.
=n este lugar se proporcionan los servicios basicos como agua, instalaciones sanitarias, maquinas
:xpendedoras y albergue.
-a Ciudad no interviene en la transacc16n de empleo entre el jornalero y el patron. No se cobra ninguna cuota
7i a los patrones ni a Jos jornaleros por el use de los servicios de este lugar. Ademas de suministrar este sitio,
io hay ningun coste para la Ciudad. Expresamos nuestro agradecimiento al Banco de Alimentos de Moorpark
)or su ayuda en la apertura y cierre del sitio para los jornaleros. Este sitio Para jornaleros estard abierto de
'as 6:00 am hasta el mediodia de tunes a sdbado.
Moorpark r wwwurnoorpark.ca.us
347
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
CATHOLIC CHARITIES VENTURA COUNTY REGION FOR DAY LABOR SITE
COORDINATOR SERVICES
THIS AGREEMENT, is made and effective as of this day of
2013 between the City of Moorpark, a municipal
corporation ("City") and Catholic Charities Ventura County Region, a 501c(3)
Corporation ("Consultant"). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
WHEREAS, City has the need for Day Labor Site Coordinator services; 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 August 28, 2013,
which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
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 B, 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 Day Labor Site Coordinator 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.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value seven thousand five hundred dollars ($7,500.00) as stated in Exhibit B, without
the written authorization of the City Manager. Payment by City to Consultant shall be in
accordance with the provisions of this Agreement.
Attachment 3
348
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 Pat Esseff, 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, on an IRS 1099 form,
before payments may be made to vendors.
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 B, based upon
actual time spent on the above tasks. This amount shall not exceed seven thousand five
hundred dollars ($7,500.00) 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 are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts
and in the manner as agreed to by City Manager and Consultant at the time City'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 City Manager. If the City
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.
Catholic Charities Page 2 of 14
349
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 the City Manager'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 thirty (30) 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 twenty-
five dollars ($25.00) 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 terms
Catholic Charities Page 3 of 14
350
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 five (5) 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
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.
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
Catholic Charities Page 4 of 14
351
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 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 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,
employees, or agents of the City. 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.
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 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.
Catholic Charities Page 5 of 14
352
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 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 (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
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.
Catholic Charities Page 6 of 14
353
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: Pat Esseff
Associate Program Director
Catholic Charities Ventura County Region
303 N. Ventura Avenue
Ventura, California 93021
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
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.
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
Catholic Charities Page 7 of 14
354
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 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.
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.
Catholic Charities Page 8 of 14
355
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 CATHOLIC CHARITIES VENTURA
COUNTY REGION
By: By:
Steven Kueny, City Manager Pat Esseff, Program Director
Attest:
Maureen Benson, City Clerk
Catholic Charities Page 9 of 14
356
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 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 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 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.
Catholic Charities Page 10 of 14
357
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.
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
Catholic Charities Page 11 of 14
358
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 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 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..
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
Catholic Charities Page 12 of 14
359
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. 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
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
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
Catholic Charities Page 13 of 14
360
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.
Catholic Charities Page 14 of 14
361
Exhibit B
Proposal for a Day Labor Site Coordinator
Day Labor Program: To provide staff coordination for the Day Labor site and support to the City of
Moorpark's Day Labor activities.
Background: The Day Labor location is adjacent to Catholic Charities site at 612 Spring Road,Suite 101.
Catholic Charities and the City of Moorpark have discussed a cooperative venture in providing a
sanctioned day labor site on an occasional basis for many years. The Ruben Castro Human Services
Center(RCHSC)was designed with this possibility in mind.
During the past several weeks,the City has successfully transitioned the long time gathering spot for day
laborers from 2 sites on the corner of High Street and Spring Road to the RCHSC Day Labor location. As
part of the City's long term plan, the City would like to implement a coordinated program to insure an
orderly,fair interaction between the Day Laborers,the hirers and the neighbors.
Costs:
• Day Labor Coordinator
(1-2 positions)$10.00/hour.
2 hours per day/6 days a week Weekly FY 2013-14 (40 Weeks)
+(20%taxes/benefits) $144.00 $5,760.00
• Overhead/Administration: $43.50 $1,740.00
Total: $187.50 $7,500.00
Coordinator's Responsibilities
• Open Day Labor office at 6:OOam
• Maintain order, and ensure that all participants understand and cooperate with the site rules.
• Encourage DL's to use this site as their only point of contact with employers.
• Clean and re-stock office bathroom,office, patio,and pick up area.
• Intervene in disputes/disagreements and assist in fair resolution
• Discourage loitering near the corner of High Street,and the hazardous area near the railroad
crossing
• Promptly report any incidents to Catholic Charities
• Prepare a weekly summary of significant events
• Bilingual and some experience in construction highly desired
362