HomeMy WebLinkAboutAGENDA REPORT 1993 1201 CC REG ITEM 11CITEM
AGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Jaime R. Aguilera, Director of Community Development
DATE: November 23, 1993 (CC meeting of December 1, 1993)
SUBJECT: CONSIDER A REPORT REGARDING THE URBAN STREAMS
RESTORATION GRANT CONTRACT ADMINISTRATION
BACKGROUND
On October 6, 1993, the Council considered a status report regarding the contract
administration of the Urban Streams Restoration Grant. At the conclusion of this meeting
the Council directed staff as follows: authorize the City Manager to sign the contract with
the herbicide applicator; prior to conducting work within the Arroyo Simi all workday
volunteers shall sign the City's liability insurance waiver's and acceptance of the City's
worker's compensation; and to draft an agreement with the Environmental Coalition
regarding roles and responsibilities.
The purpose of this staff report is to present to the Council a draft of the Contract for
Service between the City of Moorpark and the Environmental Coalition and to receive
direction from the Council regarding future contract administration. The Council also
expressed an interest in obtaining information regarding the cost of obtaining liability
insurance and worker's compensation for the Environmental Coalition for the Urban
Streams Restoration Grant.
For the Council's information, the allocation of the $64,000.00 State grant money (which
was $20,000.00 less than the Grant request) is as follows:
Persons In -Kind Donation Monetary Compensation
EC Members
Roseann Mikos $8,260.00 $5,900.00
Marlena Metcalf Day $ 936.00 $ 936.00 1993
Sharon Harper $1,320.00 $1,320.00
Elizabeth Haynes $ 868.00 $ 660.00 "v
KMP- 10.27 -93 (3:39pm)A:1CC12 -1. RPT
The Honorable City Council
November 23, 1993
Page 2
Margaret Kirnig
$ 512.00
$ 512.00
Janet Murphy
$1,144.00
$1,144.00
Matilda Reyes
$ 720.00
$ 720.00
Ken Rodriguez
$ 896.00
$ 704.00
Karen Rosenblum
$ 660.00
$ 660.00
Paul Caron
$ 480.00
$ 480.00
Monica Finn (Biologist)
$2,718.00
$2,082.00
Douglas Hamilton
$ 375.00
$ 375.00
$15,493.00 (to EC persons)
Charles Kint -Krum
$ 672.00
$20,052.00
(Herbicide Applicator
and Landscape
Architect)
California Conservation
Corps (CCC)
$1,669.00(')
$9,200.00
City of Moorpark
$6,150.00(2)
$11,968.00
' Staff has been informed that the CCC is intending to donate staff time
equivalent to $5,000.00 in the Spring of 1994.
2 Note that this amount is pursuant to the Grant application. It is likely that
staff will be expending three times this amount by the conclusion of the
Grant.
"AP- 1427- 93(3:39pm)A:1CC12 -1. RPT
The Honorable City Council
November 23, 1993
Page 3
DISCUSSION
Contract for Service
The Contract for Service (see Attachment Number 1) stipulates that all persons which are
hired as part of the Grant, are to be hired by the Environmental Coalition, except for the
herbicide applicator /landscape architect (Karlsl(int -Crum) and the California Conservation
Corps (CCC), both of which presently have contracts for service for implementation of the
Grant with the City. The attached Contract for Service is a non - standard contract; for
example, the Liability Insurance requirements have been deleted.
Correspondence from the Environmental Coalition (EC) (see Attachment Number 2)
states that the EC is opposed to being required to obtain Liability Insurance, in order to
act as the fiscal agent for the Grant. The correspondence continues to state that the EC
is opposed to having the cost of obtaining Liability Insurance absorbed by the Grant
funds. Further, verbal discussions with the EC, indicate that the EC is opposed to hiring
the subcontractors. The Environmental Coalition informed staff that by separate cover,
the EC would be transmitting their comments to the City Council regarding the attached
Contract for Service. To date, staff has not received a copy of this correspondence.
Worker's Compensation
The City Council had requested that staff provide them with information regarding the
cost to the EC, should the EC be required to obtain worker's compensation for students
hired for the Grant project. Under California State Law, independent contractors, without
any employees, are exempt from the requirements of worker's compensation. The
EC /City could initiate a stipend program with Moorpark College or the High School,
classifying students as volunteers. The students would be covered under the City's
worker's compensation insurance. The stipends would be paid to the school and paid
to students that complete their field assignments. If students were hired as employees,
another 9% would be added to the cost for either the Grant, EC or City, to cover the cost
of Medicare, State Disability Insurance, and retirement system contributions. There would
also be additional staff time for processing and reporting these students as employees.
Remaining Issues
There are essentially only two (2) issues remaining to be resolved: contract administration
and liability coverage. The EC has indicated that under no circumstance would they find
it acceptable to hire all of the remaining subcontractors or obtain Liability Insurance; the
EC has been unwilling to negotiate on these issues. Given that a considerable amount
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The Honorable City Council
November 23, 1993
Page 4
of staff time has been expended on this project and that the EC is intransigent on this
issue, in the interest of furthering the goals of the Grant, staff recommends that the City
agree to hire the subcontractors. The only apparent alternative would be to cancel the
Grant. The City has previously agreed to serve as the Grant Fiscal Agent and cover all
of the volunteers under its worker's compensation program.
The provisions requiring the Contractor to sign an Informed Consent and Release Form
was not included in the draft EC and City Contract because it was proposed that the EC
hire all of the subcontractors. This provision needs to be added for the protection of the
City. This language was in the prior subcontractors' contract drafted by the City because
they weren't going to provide insurance.
Contract for Service
As stated, the EC is not willing to subcontract with its own members and the biologist.
Given the considerable amount of City staff time, EC investment, as well as the
completion of three (3) workdays to date, and the City's acceptance of the Grant, staff
recommends that the City agree to administer all contracts. The attached Contract with
the EC would be the model for the subcontractors agreement with the deletion of
irrelevant sections and the addition of a section entitled Informed Consent and Release.
The Informed Consent and Release section reads as follows:
CONTRACTOR assumes full responsibility for all risk of injury or loss which may result
from my participation in this Arroyo Simi Restoration Grant work and CONTRACTOR
hereby agrees to defend, indemnify, hold harmless, release and forever discharge the
CITY, its respective officers, agents, and employees, past and present, from any and all
acts of negligence and all claims and demands whatsoever, which CONTRACTOR, any
third person, or any person acting under their behalf, have or may have against CITY, or
its respective officer, agents, or employees, past and present, by reason of any accident,
illness, injury to or death of any person or persons, or damage to or loss or destruction
of any property arising or resulting directly or indirectly from participation in the Arroyo
Simi Restoration Grant work and occurring during said participation, or any time
subsequent thereto. The terms of this release will serve as a release and assumption of
risk for my heirs, executors and administrators and for all of my family members.
CONTRACTOR agrees and acknowledges that some activities may be of a hazardous
nature and /or include physical and /or strenuous exercise or activity, and, understanding
this, CONTRACTOR states that to the best of his /her knowledge he /she has no medical,
physical, mental or emotional health condition which would hinder or prevent his/her
active participation in the Arroyo Simi Restoration Grant work.
KMP- 10-27- 93(3:39pm)A:1CC12 -1. RPT
The Honorable City Council
November 23, 1993
Page 5
Staff further recommends that in the event of similar circumstances (ie., grant written by
others and presented to the City), that a clear agreement of the City's proposed
obligations be provided in writing to City staff to allow staff review prior to submittal of the
Grant request to the City Council.
Liability Insurance
Staff recommends that a separate policy be purchased for the Grant. The allocation of
money for the purchase of insurance has not been budgeted for within the Grant. To
date, it does not appear that the stipend program, for which $10,500.00 (3) has been
allocated, will not be operational prior to the Spring (see Attachment Number 3). The EC
has stated that if the stipend program is not initiated, the subcontractors will be used to
perform the work which was proposed to be completed by the students. The EC has
stated that it is their expectation that all of these funds are to be used for additional
compensation to the individual subcontractors. The EC expressed that they were
unwilling to agree to a Grant Contract Amendment in order to use some of the money set
aside for the stipend program in order to purchase insurance.
The City is already absorbing the worker's compensation for persons who are both
volunteers and receive compensation as part of the Grant. With the City's concurrence
to contract with all of the subcontractors, the City has the potential to incur greater liability
exposure should a claim be filed against the City. Roughly nine percent (9%) of the
available stipend program funds would be used for the purchase of insurance with the
remaining funds available to be utilized by the subcontractors. In the interest of
compromise, the EC should be able to agree to the aforementioned stipend fund
allocations.
If the stipend program is enacted, the reduction in the stipend allocated money in order
to pay for the Insurance Coverage will not significantly affect the stipend program or work
to be performed as part of the Grant. In other words, the reduction in student labor (by
using the stipend money to purchase insurance) could mean that more in -kind
contributions will be necessary for tasks which student labor was anticipated to perform
(Arrundo removal and native re- vegetation).
This total has not been confirmed with the EC and is based upon a meeting
between the EC and the City on July 27, 1993.
KMP- 10- 27- 93(3:39pm)AACC12 -1. RPr
The Honorable City Council
November 23, 1993
Page 6
RECOMMENDATIONS
1. Approve the City's retention of all subcontractors and a Grant Contract
Amendment to purchase liability insurance at a cost not to exceed $1,000.00
(estimated cost of $950.00).
2. Direct staff to prepare Contracts for Service for all subcontractors to be retained
as part of the Grant and the EC subject to final language approval by the City
Manager.
3. Authorize the City Manager to sign all agreements with the EC, individual
subcontractors and others necessary in order to implement the Grant.
Attachments:
1. Draft Contract for Service and Agreement outlining roles and responsibilities
2. Correspondence from Neil Moyer, dated October 8, 1993
3. Revised Grant Compensation Totals (spread sheet and budget allocated dated
July)
KMP- 10-27- 93(3:39pm)A:1CC12 -1. RPT
MOORPARK
799 Moorpark Avenue Moorpark, California 93021
CONTRACT FOR SERVICES
(805) 529 -6864
This Contract, made this 15th day of November between the City of Moorpark, a municipal
corporation, located at 799 Moorpark Avenue, Moorpark, CA 93021, hereinafter referred
to as "CITY," and the Environmental Coalition Moorpark Branch, an independent
CONTRACTOR, having a principal place of business at Post Office Box 378, Moorpark, CA
93020, hereinafter referred to as the "CONTRACTOR."
wrrnEssETH
THE PARTIES HERETO DO AGREE AS FOLLOWS:
ARTICLE 1. TERM OF CONTRACT
Section 1.01. This Contract is effective on May 10, 1993, and will continue in effect
until midnight June 30, 1994, unless sooner terminated or later extended as provided
hereinafter.
ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR
Specific Services
Section 2.01. CONTRACTOR agrees to perform the services specified in the
Agreement, as seen within EXHIBIT A, dated November 15, 1993, and incorporated by
reference herein.
Assignment of Duties
Section 2.02 Roseann Mikos shall act as the Project Manager for the CONTRACTOR.
The CONTRACTOR shall be directly responsible for the performance of the duties as
outlined within this Contract and within Exhibit A. Upon mutual written agreement of
both parties, other individuals may be substituted in the capacity of Project Manager for
the CONTRACTOR.
PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tom Counalmember Counalmember Counalmember
Pnnred an Pftyded Paw
Method of Performing Services
Section 2.03. CONTRACTOR shall determine the method, details, and means of
performing all of the above described services, consistent with this agreement, the
applicable state, county, and municipal laws and the terms of Grant #- Z- 60134.
Employment of Assistants
Section 2.04. CONTRACTOR may, at CONTRACTOR'S own expense, employ such
assistants, employees, and subcontractors as CONTRACTOR deems necessary to perform
the services required by this Contract.
ARTICLE 3. COMPENSATION
Contract Value
Section 3.01. In consideration for the services to be performed by CONTRACTOR, as
set forth in Exhibit "A", and subject to the limitations set forth in Section 4.01, CITY
and CONTRACTOR agree that value of CONTRACTOR'S reimbursable labor for these
services is $34,174.00.
Fixed Fee
Section 3.02. Of the contract value amount set forth in Section 3.01, CITY agrees to
pay CONTRACTOR the fixed fee of $15,493.00.
CONT RACTOWS "In -Kind" Contribution
Section 3.03. Of the contract value amount set forth in Section 3.01, CONTRACTOR
agrees to forego compensation for that part of the contract value not listed as a fixed
fee in Section 3.02 and donate this amount as an "in- kind" contribution to the project.
Date for Payment of Compensation
Section 3.04. For services rendered under this Contract, CITY agrees to pay
CONTRACTOR the sum set forth in Section 3.02 on the basis of monthly invoices
submitted by CONTRACTOR in accordance with the invoice requirements of the State of
California for the project.
wECCONTCT.SK 2
CONTRACTOR'S, the CITY'S, or the State's records, the CONTRACTOR will retain the
records until the resolution of the litigation or audit. The CITY will notify the
CONTRACTOR in writing within five (5) working days of the initiation of any litigation
or audit against the CITY or CONTRACTOR for the services described herein.
The CONTRACTOR agrees to be available for audits that may follow completion of
grant at no cost to the CITY or to the Grant.
ARTICLE S. OBLIGATIONS OF CfIY
Cooperation of CITY
Section 5.01. CITY agrees to comply with all reasonable requests of CONTRACTOR,
and provide access to any and all appropriate reference materials or documents that are
necessary to the performance of CONTRACTOR'S duties under this Contract within two
(2) business days.
P- 'M-.011 1011MIM
Section 5.02. Each party agrees to perform the additional responsibilities as set forth
in Exhibit A.
ARTICLE 6. TERMINATION OF CONTRACT
Termination Upon Notice
Section 6.01. Notwithstanding any other provisions of this Contract, either parry
hereto may terminate this Contract at any time by giving seven (7) days written notice
to the other party. Unless otherwise terminated as provided herein, this Contract shall
continue in force until June 30, 1994, or later extended as provided for in this Contract.
Termination on Occurrence of Stated Events
Section 6.02. This Contract shall terminate automatically on the occurrence of the
following:
• Bankruptcy or insolvency of either party; or
• Cancellation of the State of California grant (prior to its completion), for which
this contract was created.
e:ECCONTCT.8K 5
The CONTRACTOR shall invoice the CITY for the authorized work, if any, and the
authorized work of its subcontractors including but not limited to, the Project Manager
(Roseann Mikos), the Biologist (Monica Finn) and Marlena Day, Sharron Harper,
Elizabeth Haynes, Margaret Kirnig, Janet Murphy, Matilda Reyes, Ken Rodriguez and
Karen Rosenblum in accordance with the invoice requirements of the State of California
for the project. The CITY shall have fifteen (15) days from receipt of the invoice to
approve it or reject it. If rejected for any reason, the CITY shall return it to
CONTRACTOR stating the reasons for rejection. The CONTRACTOR shall have fifteen
(15) days to return the invoice to the CITY with the requested changes and/or
additional information. Upon CITY'S approval of the invoice the CITY shall submit it to
the State of payment. Payment shall be made by the CITY to the CONTRACTOR'S
subcontractor's within twenty (20) days of its receipt from the State. As part of the
submittal of the invoice to the CITY, said invoice shall contain written certification by
the CONTRACTOR'S Project Manager that all required and authorized work has been
completed consistent with:
a. The Agreement between the CONTRACTOR and its subcontractors;
b. The Contract between the CITY and CONTRACTOR; and
C. Contract terms of Grant Number Z- 60134. Invoices for the Project Manager
shall require the same requirements as above with written verification by two
officers of the CONTRACTOR; said two officers shall be the President of the
Moorpark Branch of the Environmental Coalition and the President of the
Ventura County Chapter of the Environmental Coalition.
In the event that the contract is terminated under any conditions specified in Article 6
of this contract, payment for work completed as of date of termination will be made to
CONTRACTOR, provided reimbursement occurs by the State, subject to all other terms
and conditions stated in this contract.
Additional Compensation
Section 3.05. No additional compensation is allowed under the terms of this
contract.
a:ECCONTCT.SK 3
ARTICLE 4. OBLIGATIONS OF CONTRACTOR
Minimum Amount of Service
Section 4.01. CONTRACTOR may represent, perform services for, and be employed
by such additional clients, persons, or companies as CONTRACTOR, in CONTRACTOR'S
sole discretion, sees fit. However, CONTRACTOR hereby agrees to not enter into any
contract or Agreement with a private developer proposing to develop within the CITY
during the term of this contract. Contractor agrees that the minimum amount of service
to be provided as part of the grant shall total, as a minimum 1,218 person hours
(8 hours per day = 152.25 days).
Specific Responsibilities
Section 4.02. Each party agrees to perform the additional responsibilities as set forth
in Exhibit A.
Tools and Instrumentalities
Section 4.03. CONTRACTOR will supply all tools and instruments required to
perform the services under this Contract.
CONTRACTOR Qualifications
Section 4.04. It is understood and acknowledged by the parties that CONTRACTOR
is uniquely qualified to perform the services provided for in this Contract.
Fit:-L.l VA 1 I I 1' 1 I
Section 4.05. Neither this Contract, nor any duties or obligations under this Contract
may be assigned by CONTRACTOR without the prior written consent of CITY.
Retention of Records
Section 4.06 CONTRACTOR agrees to retain all pertinent records, including
financial records, until advised in writing by the CITY that further retention of records
is unnecessary or for a period of three (3) years, from the end of the fiscal year in
which the project was completed, whichever occurs later. Records shall be open and
available for inspection by auditors and/or staff assigned by the California Department
of Water Resources and the CITY during regular business hours. If at the end of such a
three (3) year period there is ongoing litigation or an audit involving the
a:ECCONTCT.SK 4
ARTICLE 7. GENERAL PROVISIONS
Independent CONTRACTOR Status
Section 7.01. CONTRACTOR acknowledges that CONTRACTOR is an independent
CONTRACTOR and not an employee, officer, or agent of the CITY. CONTRACTOR
further acknowledges that the CONTRACTOR and its subcontractors except for the
project manager and the biologist are not required to obtain a Business Registration
Permit for the purposes of this Grant. CONTRACTOR shall not, at anytime in any
manner represent that CONTRACTOR is an officer, employee, or agent of the CITY.
CONTRACTOR shall comply with all applicable provisions of the Worker's
Compensation Insurance and Safety Acts and Labor Codes of the State of California.
CONTRACTOR assumes full responsibility for CONTRACTOR'S own federal, state, and
local income, social security, SDI and other taxes. CONTRACTOR shall not be entitled
to any worker's compensation, retirement, medical, or other employee benefits.
Notices
Section 7.02. Any notices to be given hereunder by either party to the other shall be
effected either by personal delivery in writing or by certified mail, postage prepaid,
return receipt requested. Mailed notices shall be addressed to the parties at the
addresses appearing in the introductory paragraph of this Contract with notices to the
CITY, c/o the Director of Community Development, but each party may change the
address by written notice in accordance with this section. Notices delivered personally
will be deemed served as of actual receipt; mailed notices will be deemed served as of
the second (2nd) day after mailing.
Entire Contract of the Parties
Section 7.03. This Contract supersedes any and all Contracts, either oral or written,
between the parties hereto with respect to the rendering of services by CONTRACTOR
for CITY. Each party to this Contract acknowledges that no representations,
inducements, promises, or Contract, orally or otherwise, have been made by any party,
or anyone acting on behalf of any party, which are not embodied herein, and that no
other Contract, statement, or promise not contained in this Contract shall be valid or
binding.
Amendments
Section 7.04. This Contract may be amended at any time only with the mutual
written consent of CITY and CONTRACTOR
a:ECCONTCT.SK 6
Governing Law
Section 7.05. This Contract shall be governed by and construed in accordance with
the laws of the State of California.
Attorney's Fees
Section 7.06. if any controversy between the parties hereto involving the
construction or application of any of the terms, covenants, or conditions of this Contract
occurs, it is the express intention of both parties to resolve the dispute without
resorting to taking legal action and by making a good faith effort to negotiate suitable
resolution that is mutually beneficial.
Notwithstanding the above, should either party hereto institute any action or
proceeding of any nature whatsoever in a court of law, equity, or otherwise to enforce
any provisions of this Contract or for any other remedy, the prevailing party shall be
entitled to receive from the losing party, its costs, including such amount as the Court
or arbitration panel may adjudge to be reasonable attorney's fees for the services
rendered the party finally prevailing in any such action or proceeding. Unless judgment
goes by default, the attorney fee award shall not be computed in accordance with any
court schedule, but shall be such as to fully reimburse the prevailing party for all
its /their attorney's fees actually incurred in good faith, regardless of the amount of such
judgment, it being the intention of the parties to fully compensate the prevailing party
for all attorney's fees paid or incurred in good faith.
Venue
Section 7.07. This Contract is made, entered into, executed and is to be performed in
Moorpark, Ventura County, California, and any action filed in any court or for
arbitration for the interpretation, enforcement, and/or otherwise of the terms,
covenants, and conditions referred to herein shall be filed in the applicable court in
Ventura County, California. EXECUTED in duplicate at Moorpark, California, on the
date and year first written above.
Jointly Prepared
Section 7.08. Should interpretation of this Contract, or any portion thereof, be
necessary, it is deemed that this Contract was prepared by the parties jointly and
equally, and shall not be interpreted against either party on the ground that the party
prepared the Contract or caused it to be prepared.
a: ECCONTCT.SK 7
Waiver
Section 7.09. No waiver of any provision of this Contract 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.
Worker's Compensation
Section 7.10. CONTRACTOR agrees to abide by all applicable provisions governing
worker's compensation as outlined in this Contract in Article 7 (General Provisions),
Section 7.01 (Independent CONTRACTOR Status).
Indemnification
Section 7.11. CONTRACTOR shall hold harmless, indemnify and defend the CITY
and its officers, employees, servants and agents serving as Independent Consultants
serving in the role of CITY Manager, Director of Community Development, Director of
Public Works or CITY Attorney from any claim, demand, damage, liability, loss, cost or
expense, for any damage whatsoever, including but not limited to death or injury to any
person and injury to any property resulting from the misconduct, negligent acts, errors
or omissions of CONTRACTOR or any of its officers and employees in the performance
of this Contract, except such damage as is caused by the sole negligence of the CITY or
any of its officers, employees, servants or agents.
Equal Employment Opportunity
Section 7.12. Consultant will be required to meet all State and Federal laws
applicable to the disadvantaged and minorities.
Technical Advisory Council
Section 7.13. The CITY recognizes that the Director of Community Development
shall establish and appoint, in cooperation with the CONTRACTOR, the Technical
Advisory Council.
a: ECCONTCT.SK 8
INDEPENDENT CONTRACTOR
Neil A. Moyer, President Environmental Coalition of Ventura County
ON BEHALF OF THE CITY OF MOORPARK:
By:
STEVEN KUENY, CITY MANAGER
ATTEST:
LILLIAN HARE, CITY CLERK
EXECUTED ON THIS DAY OF , 199_.
wECCONTCT.SK 9
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
E)GUW A
CONTRACT REWnsummEs
NOVEMBER 15, 1993
The following represents the responsibilities of the co- sponsors for the Urban Streams
Restoration Grant:
The CONTRACTOR agrees that:
1. The CONTRACTOR shall prepare material for all public participation
"workshop" sessions and community information meetings.
2. The CONTRACTOR shall recruit, train, monitor and coordinate the participation
of the volunteers and skilled paid labor utilized in order to implement the work
component of the project.
3. The CONTRACTOR shall assist CITY staff in establishing the Technical Advisory
Council and participate in Advisory Council meetings.
4. The CONTRACTOR shall assist CITY Staff in gaining the necessary input from
the Technical Advisory Council members so that CITY Staff, the Project
Manager and the Biologist may prepare the Management Plan for the Arroyo
Simi (within the constraints of the project budget).
5. The CONTRACTOR shall coordinate with the Caltrans Biologist throughout the
project to ensure that all planning work for and on the project emphasis area is
done efficiently, appropriately, and with the full knowledge of Caltrans
personnel.
6. The CONTRACTOR shall prepare assigned topic areas of the Arroyo Simi
Management Plan for review and approval by the CITY Staff for submittal to
the State by the conclusion of the Grant, June 30, 1994.
7. The CONTRACTOR shall solicit and gain as much additional "in- kind"
contributions as possible in order to support the project (ie., donations of
photocopying, use of meeting rooms, or any other expenses not already covered
in the project budget).
a:ECCONTCT.SK 1
PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tem Counalmember Counalmember Counalmember
Printed on Recycled Peer
Urban Streams Restoration Grant Agreement
November 15, 1993
Page 2
8. The CONTRACTOR shall contract with all others, not hired by the CITY, but
whose services are needed in order to implement the work component of the
Grant, including but not limited to the Biologist (Monica Finn) and Marlena
Day, Sharron Harper, Elizabeth Haynes, Margaret Kirnig, Janet Murphy,
Matilda Reyes, Ken Rodriguez and Karen Rosenblum, for the purposes of
implementing the Grant.
9. The CONTRACTOR shall provide the CITY with a copy of all subcontractor's
agreements.
10. The CONTRACTOR shall adhere to what was proposed m the Grant application
to the California State Department of Water Resources (Application Number
36 - recognizing that the Grant fell $20,000.00 short of what was requested);
Proposal Number 5.8 -93 USR), dated January 29, 1993 and the supporting
document to that application: entitled Urban Streams Restoration program
Grant for Arroyo Simi, Moorpark, California: Arroyo Simi Management
Planning and Restoration and budget submitted to the State of California, dated
May 31, 1993 and included as Attachment Number 3 to the CrI'Y/EC -MB State
Contract.
11. The CONTRACTOR shall participate in quality assurance reviews of any printed
materials prepared for the project.
12. The CONTRACTOR shall meet with CITY staff and/or CITY or other officials for
a sufficient amount of time to gather needed data or to provide communication
updates, all in order to support the project efforts.
13. The CONTRACTOR shall be available for audits that may follow completion of
grant, at no cost to the CITY or to the Grant.
The CITY agrees that:
1. The Director of Community Development will serve as the Overall Project
Manager for the Urban Streams Restoration Grant.
a:ECCONTCT.8K 2
Urban Streams Restoration Grant Agreement
November 15, 1993
Page 3
2. The Director of Community Development shall:
• Establish and appoint the Technical Advisory Council, in cooperation
with the CONTRACTOR.
• Review, approve and sign any official correspondence with the State.
• Review, approve and sign any invoices appropriately submitted to the
CITY by the CONTRACTOR, and any other CITY hired consultants.
• Supervise and coordinate all CITY staff participation in any project work.
• Facilitate and assist in gaining any appropriate approvals needed from
the CTIY Council or other CI'T'Y staff that may be required during the life
of the project.
3. The City shall review and synthesize input gained from the Technical Advisory
Council and from community public "workshops." At least one CITY planning
staff member will participate at each Technical Advisory Council meetings, and
where feasible at the Community "workshops ".
4. The City shall prepare the Management Plan for the Arroyo Simi.
5. The CITY shall act as the fiscal agent for the Urban Streams Grant, including
invoicing the State for reimbursement of CONTRACTOR'S subcontractors' time
to be reimbursed as part of the project.
6. The CITY shall acquire liability insurance to cover the grantees (the CITY and
CONTRACTOR). Said cost associated with providing liability insurance to cover
the CONTRACTOR for activities directly related to the performance of services
as referenced in Article 2 of the Contract is $950.00, which shall be charged to
the Grant.
7. In addition to the CONTRACTOR, the CITY shall contract with the California
Conservation Corps, herbicide applicator, and landscape architect, and any
others, as approved by the CITY, in order to implement the Urban Streams
Grant.
8. If funds are available, the CITY may administer a stipend program with local
schools.
a:ECCONTCT.SK 3
Urban Streams Restoration Grant Agreement
November 15, 1993
Page 4
All parties below are in concurrence regarding project responsibilities:
Neil A. Moyer, President Environmental Coalition of Ventura County Date
Steven Kueny, City Manager Date
Attachment:
Urban Streams Grant Allocation
e:ECCONTCT.SK 4
eNVIRONMENTAL
IQV COALITION •
Jaime Aguilera, Director of Community Development
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Dear Mr. Aguilera:
RECEIVED
OCT - s 993
MOORPARK BRANCH City of Moorpark
October 8, 1993
Subject:
Contracting/subcontracting arrangements between
Environmental Coalition (EC) and City of Moorpark
for joint contract #Z -00134 with the Slate of California
Dr. Roseann Mikos, the EC's project manager for the above referenced joint grant, informed me of the results of
the Moorpark City Council's October G, 1993 discussion /action item session about the grant. We are sorry for the
misunderstandings that seem to have occurred.
The Environmental Coalition acknowledges and thanks the Co. of Moorpark for its request to consider taking on a
separate sub - contracting function for the grant to accommodate the hiring or subcontracting of the skilled labor,
EC planner, and perhaps other categories of labor for the project We must respectfully decline this offer because
of the following reasons:
1. The EC, as a small non - profit organization, has no staff, organvation, facilities or experience to perform
subcontracting duties or to handle contract issues in -house
To take on an additional fiscal task (for sub - contracting) would require additional fiscal accountability that we
do not have the resources to provide. While another fiscal agent could be sought to fulfill that role, it would
cost grant funds that would Miter the approved hrndgct N\ith the state, thereby requiring a contract modification
to reallocate part of the money that is no\\ assigned to contract administration for the City of Moorpark, who
had previously agreed to take on (lie responsibilities as the fiscal agent for the entire project. Any contract
modification at this tinie could take %\ceks or months to process, as did the original contract. The project
cannot afford am forth, r delay that could jeopardize the abilit of us (as co- sponsors) to meet schedule
commitments in the approved project plan.
We suggest that the City of Moorpark fulfill its commitment to serve as the fiscal agent for the grant. Up to now,
there were no indications by the City that the substance of the proposed EC /City letter of agreement about roles and
responsibilities (dated July 22, 1993), or the substance of the draft contracts currently under negotiation for partial
volunteers (EC Planners or skilled labor) were going to be changed. Rather, we had virtually reached full
agreement and all parties were about to consummate all agreements
We believe that the most cost effective and time efficient course of action, and the action that is in the best interests
of the project and all parties, is to implement the original plan both for fiscal responsibilities and for technical
responsibilities. We are prepared to do that and trust that %ve can meet the city council's original request to Dr.
Mikos at the October 6th meeting to resolve these issues by October 20, 1993. After all, the state did evaluate and
fund the plan as proposed. If there was anything substantiveh wrong with it, we think they would have informed
us both and required modifications before signing a contract
Thank you for your assistance in resolving this issue quickh
Respectfully,
Neil A. Moyer, President
Environmental Coalition of Ventura County
CC: Earle Cummings, Program Manager
California Department of Water Resources
Urban Streams Restoration Program
378
POST OFFICE BOX NZ&- MOORPARK, CA 93020
ATTACHMENT 3
•1'usksisubtasks I Jun 93 Jul 93 j Aug 93 Sell 93 ( )(-t 93 Nov 93 Dec 93 Jun 94 I Feb 94 Mar94 Apr 94 May94
i I 1 - T—i
\to):p,rrk Ci[v Staff ($3,150)
EC - \tf3 pianncrs, skilled lalvr,
and %'olun;CCrS (;2,774)
Exotic Vegetation j t
r ;
Removal
H: rn ;, lde materials a ;)c
L;cC; �Cd henccice ahpii Luc .. ! j
Skmcd labor (incluclnC f:(' l -i —r�— - -- 1 - - -; T- - -? - -i —7 -1
I I
Suf)e rv'Islon), CCC I bor,
I
%JpCl ully Stud:; : ?t 121X;
o'.ur;ec:s (S18,304)
I _I
Native Re- vegetation i t
I
Planting
Fiant:ng %Iaicr.�as + Land i c.ri C
contractor ialx?r ($15,707)
Skilled labor (Including EC —t
Super,'tsion), hopefully Studer.; I
a. ^,d %V, ;tcers (58,163) 1
Contract Administration
City of MooFnark (55,818)
t i,tire I. Revised Project Plan-- Arrove Sinn �Ianagernent Planninb and Restoration -- 5%31/93
Urban S-vam Rest .,wion G!arn: 'or . ,vo Sim. i. JC .tirk C Prcic f r I , — -
(Revised, 5 31'93)
Final Draft Grant Budget (for 5 acres)
Total "In4dnd" Amount to
Budget contribu- be Charged
TasWtems Amount tion to Grant
1. Project Planning, Design, Preparation, and
Coordination
1. Reseach and Development In Preparation for
Internal Team Meetings, Advisory Council Meetings,
Community' Workshop" sessions, Phone Calla, etc.
(across 12 months)
Motxpork City 1%aoima saa:
4 persoadays x 8 boun @ S75Air i2,400 $1.200 $1,200
(DC -MI) Plaoaers, skilled labor, sad other voluntacn:
8 penosdays O ffersrrt raks) x 8 koura Q =/kr. (svg) $19956 $963 $893
1/1. Subtotalso $4,256 $2.163 $ 093
2. Participate in meetings (same list as above plus
additional Individual discussions with city council
people, as needed) (across 12 months)
MoogwAOly Plauaiag Staff:
4 ptasondays x 8 Lours @ 375/kr $2,400 $1,200 $1,200
(X -MB) Pfaan=4 skilled lebm, and other volunWrs:
10 penondeys( difYerenlrato )x9kom4$29/br.(avg) $2,320 $1,204 $1,116
Advbory Cosadl Nrsoasel:
5 psnons x 2 bn p/ntg x 5 mugs @ S50/kr (avg) $2,500 1300 $0
112.8 ubtota
3. Formal project management meetings Minimum
once every three weeks (M 1 hr. over 12 months
(rounded)
Moorpuk City Piaamiap sort:
2 Pmoodar x 8 hours ® S75/M $1,200 $600 $600
(U—' M13) Plaaaar% skilled labor, and otbcr volaatom;
6 pema&ys (diftereol nks) x 8 kuars (9 S29/kr. (avg) 1 392 $722 $670
u3.81 btota 1 11,270
(NOTE: Bolded dollar figures are those that changed
from original 1/29193 budget estimates)
Revised Arroyo Simi Restoration Project Plan, by New Category Name (Internal; 7/22/93)
P. 3
Page 1
JUL 27 '93 14:00 Pn= aa-z
Final Draft Grant Budget (for 5 acres)
Total "In -kind" Amount to
budget contribu- be Charged
Tasks/Items Amount tion to Grant
II. Management Plan and Report Preparation
1. Data Gathering and Preparation of Management
Plan
(This task includes considerable 000ldination and
planning, mostly by EC -MB. for public "workshop"
data collection, informational, or review meetings and
publicizing same.)--[across 12 months]
Moorpark City Moslog Staff-
9 pMsoedays x 8 Yore @ S75/kr
Bavironamtal l DAR wt/Moorpork Hranch (ALMS) Planam and other
skHW labor asd vohumc s:
17 persondoys (diffmcot rata) x 8 hours @ $29/hr. (nvg)
Hydeok%W to survey physical 'mmpkmais ama":
$5,400 $2,700 $2,700
$3,944 $2,047 $1,897
t puma x to hours Q 37SAr 760 376 $376
1111. Subtotal 1 0,094 $5,122 KIM
2. Final Report Preparation, Review, and Completion
Moorpark City Planning Sufi:
1.5 persoadays x 8 Yam QD S75/Yr $900 $460
(NC—MB) Pluaars, skilled labor, and enter voiuoleas:
$460
S persendoys (differaol rata) x 8 Yotus pp $29/k. (avo $1,044 $642 $002
1112. Subtotals 1 944 992 962
" NOTE: This does not reflect any additional time
spent prior to grant award to prepare OSCAR update
to the Moorpark General Plan. (See page 5 for a
discussion of what is expected for that and how it
relates to this proposed project.)
ADDITIONAL NOTES FOR REVISED BUDGET:
1. Bolded budget amounts were changed from
original 1/29/93 budget amounts. Strikeover type
amounts, white listed as "In- kind" contributions on this
revision, do NOT have committed donors to cover
the amounts.
2. Reductions were made across all tasks for this
revision, and were spread across all categories of
labor.
Revised Arroyo Simi Restoration Project Plan, by New Category Name (Internal: 7/22163)
JUL 27 '93 14 :01
P. 4
Page 2
P. 5
Final Draft Grant Budget (for 5 acres)
Total "in -kind" Amount to
Budget contribu- be Charged
TasWtemst Amount tion to Grant
Exotic Vegetation Removal
1. Prepare recruiting and training materials, recruit
volunteers, solicit in -kind contributions to support
physical tabor and print materials, and publicize
upcoming and completed work.
(BC -MB) Planaem, skilled labor, and oNw volunteers:
5-5 porsosdays (dNrercal rata) x e bolus Q 3V/1sr.
2. Herbicide Application/Vegelation Removal
5 saes bwbkkk x $Wane
Labor
$4,346
$0
$4,345
SkUW: 12 days x 4 boon x S people 0$20Vbr. (-10 p/bra)
$4,300
$2,300
$2.300
Cal. ckxts. Corpt:10 days x 8 bons x l0 people @$I I -10/hr.
$9,200
$0
$0,200
5tud¢ara: 10 days x 7 burrs x 10 people C S7 -%Mr.
$5,250
$0
$3,250
Vr+laaleas: akead" days x 8 boom x 50 people @ $4.SoAr.
$5,400
$5,400
$0
Volunteers: wkdays- 5 days x 8 boom x 20 p*M)lt @ S4 -%rar.
$3,600
$3,66
$0
Volunte era: Kcplaoa IW 435 p/brs across 13 days 10 S430br.
$1,958
$I 'm
11112. Subtotalell
$34,353
$13259
$21,093
3. Maintenance Fund (Strikeout amt as unknown source)
walsriae. 20 boar x 3 people 0 exabr. $1,200 $1,200 $0
Voluatoors: Is days x 5 boos x 10 people a S4s0/hr. $4,050 $4,050 $0
HetWeidefiallo -up $2 000 00 $J1000
11113, 8ubtotals 250 $6, $1,0001
4. Monitoring
SkWad: 4 days x 8 Its x 1 person (+ 20 bra r W wtW Q SMAr. $1,040 $1,040 $0
Volu■leem: 4 days x 8 Moats x S people Q S4.Mr. $T20 $720 $0
111/4. subtotals $1, t30 $1,786 i0
Revised Arroyo Simi Restoration Project Plan, by New Category Name pnternal: 7/22/93) Page 3
JUL 27 '93 14:02
Final Draft Grant Budget (for S acres)
Total "In- kind" Amount to
Budget contribu- be Charged
TasWtems Amount tion to Grant
IV. Native Re Vegetation Planting
1. Prepare recruiting and training materials, recruit
volunteers, solicit in -kind contributions to support
physical labor and print materials, and publicize
upcoming and completed work.
(W-MM Planners, skWed Isbar, and firer volunosers:
S.5 pernmndays (diffeml ram.) x 8 rwlrs @ S291kr. ( ■v $1,276 86 $8
2. Revegetation (Strikeout amt = unknown source)
LUMIKepe eonlrac or: S aeries x $3- Wacre $17,500 $4t793 $15,707
Labor
SkIliod' 12 days x 4 boues x S poop e @ S2Wbr. ( -10 p/kes)
$4,600
i2,300
$21$o
Sradcaw 10 days x 7 roust x 10 pa oe 0 S7.sw-
$5,250
$0
$6,250
Volusleen_ wkeab -3 days x it kouw x 50 poople @ 34-"r.
S5,400
$5,400
$0
Volunm,n: akdsys•%i days x 8 hours x 20 people @ S4 -SWbr.
$3,800
$3,600
$0
Vol■nwen: Replaos lost 435 pAw aaoas 13 days QV S4.S414r.
$1 958
$14:8
IV 12. SUWOUISL
$38,308
$
M.5
TOTALS BEFORE ADMINISTRATION FEE-
V. Plus 10% (of Charged Amount) for grant
administration tee to Moorpark City
=110,328 $32,148 =58,182
$3,818 $5,818
GRAND TOTALS= $11`16,146 $52,14 x64,00
Revised Arroyo Simi Restoration Project Plan, by New Category Name (Internal; 7/22193)
P. 6
Page 4
JIJL 27 '93 14:02 Pof r Mr-