Moreno Valley City Council
April 19, 2022

On December 31, 2018, the Planning Commission of the City o f Moreno Valley approved Tentative Tract Map 37544. The project is fo r the construction of 45 single - family residential lots on approximately 8.85 acres. The project site is located on Brodiaea Avenue east of Moreno Beach Drive. (Attachment 1). The requ ired facility for this project includes the construction of a rock -lined trapezoidal channel of approximately 600 linea r feet, which includes a new maintenance ramp and a storm drain lateral. The District’s portion of maintenance responsibility will be ap proximately 600 linear feet of the drainage facility that connects to an existing culvert at the southerly boundary of the project.

The Developer will be responsible for the design and construction of the project improvements. The Developer will prepare plans and specifications in accordance with the District’s and the City’s standards and submit improvement plans to the District and the City for review and approval. The City will review the plans and specifications, provide inspection for the construct ion, and accept responsibility for the operation and maintenance of the City’s drainage facilities, if the developer meets all requirements of the agreement. The District will review the plans and specifications, provide inspection for the construction, and accept ownership and responsibility for the maintenance of the District’s drainage facilities, if the developer meets all requirements of the agreement.

Prior to the construction of the facility or recordation of the final map, whichever occurs first, the Developer will be required to submit bonds for the improvements and execute an Agreement for Public Improvements, as approved by the Public Works Director/City Engineer for PEN18 -0092 (TR 37544) . The Agreement will include a Faithful Performance bond and Material and Labor bond for both the District’s drainage facility and the City’s drainage facility. The storm drain portion of the bonds will be held by the City until completion of the storm drain and acceptance of the storm drain improvements by the City and the District.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow the project to construct master drainage plan storm drain facilities.

2. Do not approv e and do not authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will not allow the project to construct master drainage plan storm drain facilities.

FISCAL IMPACT
No fiscal impact is anticipated.

NOTIFICATION

Publication of agenda.

A.10
Packet Pg. 179

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Hoang Nguyen, P.E. Michael Lloyd, P.E.

Associate Engineer II Public Works Director/City Engineer

Concurred By: Concurred By:

Clement Jimenez Melissa Walker, P.E.

Principal Engineer, P.E. Engineering Division Manager/Assistant City Engineer

CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public fa cilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Vicinity Map - PEN18-0092 (TR 37544)

2. Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4

APPROVALS

Budget Officer Approval  Approved . 4/13/22 6:41 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 4/13/22 8:51 AM A.10
Packet Pg. 180

CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT

PEN18-0092 (TR 37544)
Final Map

A.10.a
Packet Pg. 181
Attachment: Vicinity Map - PEN18-0092 (TR 37544) (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE AGREEMENT) 242905

- 1 -

COOPERATIVE AGREEMENT
Quincy Street Channel, Stage 4
Project No. 4-0-00143-04
Tract Map No. 37544

This Cooperative Agreement ("Agreement"), dated as of ___________________, is entered into by and between t he Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), the City of Moreno Valley, a municipal corporation of the State of California ( "CITY"), and FH II, LLC, a California limited liability corporation ("DEVELOPER"). DISTRICT, CITY and DEVELOPER are individually referred to herein as "Party" and collectively referred to herein as "Parties". The Parties hereto hereby agree as follows:

RECITALS
A. DEVELOPER is the legal owner of record of certain real property located within the city of Moreno Valley and has submitted for approval Tract Map No. 37544 related to the property. Pursuant to the conditions of approval for Tract Map No. 37544 , DEVELOPER must construct certain flood control facilities in order to provide flood protection and drainage for DEVELOPER's planned development; and
B. The legal description of the property related to Tract Map No. 37544 is provided in Exhibit "A", attached hereto and made a part hereof; and C. The required flood control facilities and drainage improvements related to Tract Map No. 37544 are shown on DISTRICTꞌs Drawing No. 4-1174 and shown in concept in "red" on Exhibit "B", attached hereto and made a part hereof, and include the construction of:
i. Approximately 600 lineal feet of half-width, rock-lined trapezoidal channel, as shown on Exhibit "B", and its associated maintenance ramp and certain lateral storm drain that are thirty-six inches (36") or less in diameter within DISTRICT's right of way, hereinafter called A.10.b
Packet Pg. 182
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 2 -
"STAGE 4". At the downstream terminus, STAGE 4 will connect and convey flows to an existing culvert operated and maintained by CITY; and
ii. All safety devices requested by DISTRICT staff during the course of project construction and during any final field inspections, including, but not limited to , concrete pads, slope protection barriers, signage and fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be purchased and installed by DEVELOPER's contractor and are subject to DISTRICT's inspection and approval.
iii. Together, STAGE 4 and SAFETY DEVICES are h ereinafter called "DISTRICT FACILITIES"; and
D. Associated with the construction of DISTRICT FACILITIES are the construction of various catch basins, curbs and gutters, connector pipes, 3-rail PVC vinyl fence with bollards, retaining wall, public-use trail and access road for STAGE 4 , and certain lateral storm drains that are thirty -six inches (36 ") o r less in diameter within CITY 's right of way, hereinafter called "CITY FACILITIES".

E. Together, DISTRICT FACILITIES and CITY FACILITIES are hereinafter called "PROJECT"; and
F. Tract Map No. 37544 is located within Moreno Area Drainage Plan ("MORENO ADP"). The MORENO ADP Fee obligation for Tract Map No. 37544 ("MORENO ADP OBLIGATION ") shall be calculated in accordance with the "Rules and Regulations for Administration of Moreno Area Drainage Plans ", adopted dated September 16, 1980 and as amended ("RULES"); and
A.10.b
Packet Pg. 183
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 3 -
G. STAGE 4 is an identified segment of MORENO ADP ("MORENO ADP FACILITY"); and
H. Pursuant to the RULES and the provisions of this Agreement, if DISTRICT estimates that upon constructing STAGE 4 , DEVELOPER would earn ADP fee credit ("MORENO ADP CREDIT ") for constructing MORENO ADP FACILITY, MORENO ADP CREDIT may be used to satisfy the ADP fee obligation for future development for properties located within the boundaries of the MORENO ADP, hereinafter called "ELIGIBLE PROPERTIES"; and
I. DISTRICT and CITY has entered into a separate agreement ( "License Agreement") dated April 27, 2021, and anticipates entering into a Specific Facility License Exhibit ( "SFLE") with CITY to maintain the public-use trail proposed within DISTRICT FACILITIES right of way after DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES; and
J. DEVELOPER and DISTRICT desire CITY to accept ownership and the responsibility for the operation and maintenance of CITY FACILITIES; and K. DEVELOPER and CITY desire DISTRICT to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES; and L. DISTRICT is willing to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES provided DEVELOPER (a) complies with this Agreement, (b) constructs PROJECT in accordance with DISTRICT and CITY approved plans and specifications, (c) obtains and conveys to DISTRICT all rights of way necessary for the inspection, operation and maintenance of DISTRICT FACILIT IES as set forth herein and (d) accepts ownership and responsibility for the operation and maintenance of PROJECT following completion of PROJECT construction until such time as DISTRICT accepts ownership and A.10.b
Packet Pg. 184
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 4 -
responsibility for the operation and maintenanc e of DISTRICT FACILITIES and CITY accepts ownership and responsibility for the operation and maintenance of CITY FACILITIES, as set forth herein.

M. CITY is willing to (i) accept and hold faithful performance and payment bonds submitted by DEVELOPER on behalf of DISTRICT for DISTRICT FACILITIES , (ii) review and approve DEVELOPER 's plans and specifications for PROJECT , (iii) inspect the construction of PROJECT , (iv) grant DIS TRICT the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way and (v) accept ownership and responsibility for the operation and maintenance of CITY FACILITIES, provided PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
DEVELOPER shall:

1. Prepare PROJECT plans and specifications , hereinafter called "IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and submit to DISTRICT and CITY for their respective review and approval.

2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to cover DISTRICT 's costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the review a nd approval of rights of way and conveyance documents, (iii) the processing and administration of this Agreement and (iv) construction inspection costs. Additionally, DEVELOPER shall pay CITY, within thirty (30) calendar days A.10.b
Packet Pg. 185
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 5 -
after receipt of periodic billings from CITY, any and all such amounts as are deemed reasonably necessary by CITY to cover CITY 's costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the review and approval of right s of way and conveyance documents, (iii) the p rocessing and administration of this Agreement and (iv) construction inspection costs.

3. Grant DISTRICT and CITY, by execution of this Agreement, the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performing inspection services for the construction of PROJECT, as set forth herein.

4. Provide CITY, upon execution of this Agreement or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map No. 37544 or any phase thereof, whichever occurs first, with faithful performance and payment bonds in accordance with CITY's municipal code or ordinance, including any amendments thereto, for the estimated cost for construction of (i) DISTRICT FACILITIES as determined by DISTRICT and (ii) of CITY FACILITIES as determined by CITY. The surety, amount and form of the bonds shall be subject to approval of DISTRICT (Attention: Contract Services Section) and CITY. The bonds shall remain in full force and effect until DISTRICT FACILITIES are accepted by DISTRICT and CITY FACILITIES are accepted by CITY as complete. Both bonds shall be subscribed by an Admitted Surety Insurer, which is authorized to transact surety insurance business in the State of California with a policy holder 's rating of A or higher and a Financial Class of VII or larger.

Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY.

5. Deposit with DISTRICT (Attention: Business Office – Accounts Receivable) and notify Contract Services Section , upon DISTRICT 's approval of IMPROVEMENT PLANS , the estimated cost of providing construction inspection for A.10.b
Packet Pg. 186
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 6 -
DISTRICT FACILITIES , in an amount as determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto, based upon the bonded value of DISTRICT FACILITIES.

6. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a complete list of all contractors and subcontractors to be performing work on PROJECT, including the corresponding license number and license classification of each. At such time, DEVELOPER shall further identify in writing its designated superintendent for PROJECT construction.

7. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a constructi on schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's contractor proposes to carry out the various parts of work, including estimated start and completion dates. As construction of PROJECT progresses, DEVELOPER shall update sa id construction schedule as requested by DISTRICT.

8. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a confined space entry procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations ; Section 5157, Permit Required Confined Space ; and District Confined Space Procedures, SOM -18. The procedure shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to Proceed, which shall be given by DISTRICT to DEVELOPER upon DISTRICT 's and CITY 's approval.

9. DEVELOPER shall not commence operations until DISTRICT (Attention:

Contract Services Section) and CITY have been furnished with original certificate(s) of insurance A.10.b
Packet Pg. 187
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 7 -
and original certified copies of endorsements and , if requested, certified original policies of insurance including all endorsements and any and all other attachments. Upon approval of IMPROVEMENT PLANS, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "C", attached hereto and made a part hereof. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to DEVELOPER that DISTRICT is unable to perform its obligations hereunder, nor to accept responsibility for ownership, operation and maintenance of DISTRICT FACILITIES due, either in whole or in part, to said breach of this Agreement.

10. Secure, at its sole cost and expense , all necessary l icenses, agreements, permits, approvals, rights of way, rights of entry and temporary construction easements as may be needed for the construction, inspection, operation and maintenance of PROJECT. Upon DISTRICT approval of IMPROVEMENT PLANS, or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map No. 35744 or any phase thereof, whichever occurs first, DEVELOPER shall furnish DISTRICT (Attention: Plan Check Sect ion) and CITY with sufficient evidence of DEVELOPER having secured such necessary licenses, agreements, permits, approvals, rights of way, rights of entry and temporary construction easements, as determined and approved by DISTRICT and CITY.

11. Upon DISTRICT approval of IMPROVEMENT PLANS, obtain and provide DISTRICT (Attention: Real Estate Services Section) with duly executed Irrevocable Offers(s) of Dedication to the public for flood control and drainage purposes, including ingress and egress, for the rights of way deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of DISTRICT FACILITIES. The Irrevocable Offer(s) of Dedication A.10.b
Packet Pg. 188
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 8 -
shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property(ies) described in the Irrevocable Offer(s).

12. Furnish DISTRICT (Attention: Plan Check Section), when submitting the Irrevocable Offer(s) of Dedication as set forth in Section I.11., with Preliminary Reports on Title dated not more than thirty (30) calendar days prior to date of submission of all the property (ies) described in the Irrevocable Offer(s) of Dedication.

13. Furnish DISTRICT (Attention: Plan Check Section) and CITY each with a set of final mylar plans PROJECT plans and assign their ownership to DISTRICT and CITY respectively prior to the start on any portion of PROJECT construction.

14. Notify DISTRICT (Attention: Construction Management Section ) and CITY in writing after receiving DISTRICT 's plan check, rights of way and administrative clearance for PROJECT as set forth in Sections I.4 through I.13. with twenty (20) calendar days written notice of intent to start of construction of PROJECT, and include PROJECT's geotechnical firm, concrete lab/test firm, D -Load test forms, trench shoring/false work calculations and concrete mix designs for DISTRICT's review and approval. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT ha s issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to commence construction of PROJECT.

15. Prior to commencing construction, obtain, at its sole cost and expense , and furnish DISTRICT (Attention: Plan Check Section) and CITY with copies of all permits, approvals or agreements required by any federal, state or local resource and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such documents include, but are not limited to , those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Wildlife, State Water Resources A.10.b
Packet Pg. 189
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 9 -
Control Board and Wes tern Riverside County Regional Conservation Authority ("REGULATORY PERMITS").

16. Not permit any change to or modification of DISTRICT and CITY approved IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT and CITY.

17. Comply with all Ca l/OSHA safety regulations, including, but not limited to, regulations concerning confined space and maintain a safe working environment for DEVELOPER, DISTRICT and CITY employees on the site.

18. Construct or cause to be constructed PROJECT at DEVELOPER 's sole cost and expense, in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.

19. Within two (2) weeks of completing PROJECT construction, provide DISTRICT (Attention: Construction Management Section) and CITY with written notice that PROJECT constructi on is substantially complete , and request (i) DISTRICT conduct a final inspection of DISTRICT FACILITIES and (ii) CITY conduct a final inspection of CITY FACILITIES.

20. Upon completion of PROJECT construction, and upon acceptance by CITY of all rights of way deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, convey or cause to be conveyed to CITY the flood control easement(s), including ingress and egress, in a form approved by DISTRICT, to the rights of way as shown in concept cross -hatched in black on Exhibit "D", attached hereto and made a p art hereof. The easement(s) or grant deed(s) shall be in a form approved by both DISTRICT and CITY and shall be executed by all legal and equitable owners of the property(ies) described in the easement(s) or grant deed(s).

A.10.b
Packet Pg. 190
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 10 -

21. At the time of recordation of t he conveyance document(s) as set forth in Section I.20., furnish DISTRICT with policies of title insurance, each in the amount of not less than (i) fifty percent (50%) of the estimated fee value as determined by DISTRICT for each easement parcel to be conveyed to DISTRICT; or (ii) one hundred percent (100%) of the estimated value as determined by DISTRICT for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), except those which in the sole discretion of DISTRICT are acceptable.

22. Upon completion of P ROJECT construction, a ccept ownership , sole responsibility and all liability whatsoever for the operation and maintenance of DEVELOPER FACILITIES. Additionally, DEVELOPER shall a ccept ownership, sole responsibility and all liability whatsoever for the operation and maintenance of DISTRICT FACILITIES and CITY FACILITIES until such time as CITY accepts ownership and responsibility for operation and maintenance of CITY FACILITIES and DISTRICT FACILITIES is constructed and accepted by DISTRICT for ownership, operation and maintenance, pursuant to Recital K.

23. Upon completion of PROJECT construction but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, t o provide DISTRICT (Attention: Construction Management Section) , with (i) soil compaction report(s) – stamped and wet signed by the geotechnical engineer, (ii) concrete testing report(s) – stamped and wet signed by the civil engineer of record and (iii) a redlined "record drawings" copy of IMPROVEMENT PLANS. After DISTRICT approval of the redlined "record drawings", DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT 's original mylars at DISTRICT 's office; after which, the A.10.b
Packet Pg. 191
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 11 -
engineer shall review, stamp and sign the original DISTRICT FACILITIES engineering plans as "record drawings".

24. Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable local, state and federal laws and regulations, including, but not limited to, all applicable provisions of the Labor Code, Business and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.

25. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered.

SECTION II
DISTRICT shall:

1. Review IMPROVEMENT PLANS and approve when DISTRICT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT prior to the start of PROJECT construction.

2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS prior to DISTRICT's final approval.

3. Upon execution of this Agreement, record or cause to be recor ded a copy of this Agreement in the Official Records of the Riverside County Recorder.

4. Record or cause to be recorded the Irrevocable Offer(s) of Dedication provided by DEVELOPER pursuant to Section I.11.

5. Endeavor to issue DEVELOPER a Notice to Proceed with twenty (20) calendar days of receipt of DEVELOPER 's complete written notice as set forth in Section I.1 4.; A.10.b
Packet Pg. 192
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 12 -
however, DISTRICT's construction inspection staff is limited and, therefore, the issuance of a Notice to Proceed is subject to staff availability.

6. Reserves the right to withhold issuance of the Notice to Proceed pursuant to Section IV.4.

7. Inspect construction of DISTRICT FACILITIES.

8. Keep an accurate accounting and submit periodic invoices to DEVELOPER of all DISTRICT costs associated with the (i) review and approval of IMPROVEMENT PLANS, (ii) review and approval of right of way and conveyance documents and (iii) processing and administration of this Agreement.

9. Keep an accurate accounting of all DISTRICT construction inspection costs and wit hin forty -five (45) calendar days after DISTRICT acceptance of DISTRICT FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit as set forth in Section I.5. exceeds such inspection costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) calendar days after DISTRICT 's acceptance of DISTRICT FACILITIES as being complete.

10. Provide DEVELOPER with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLAN S upon (i) DISTRICT acceptance of PROJECT construction as being complete and (ii) DISTRICT receipt of stamped and signed "record drawing" of IMPROVEMENT PLANS as set forth in Section I.23.

11. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES upon (i) DISTRICT inspection of DISTRICT FACILITIES in accordance with Section I. 19., (ii) DISTRICT acceptance of PROJECT construction as being complete, (iii) DISTRICT receipt of stamped and signed "record drawings" of IMPROVEMENT PLANS as set forth in Section I.2 3., (iv) recordation of all conveyance A.10.b
Packet Pg. 193
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 13 -
documents described in Section I.21., (v) DISTRICT FACILITIES are fully functioning as a flood control drainage system as solely determined by DISTRICT and (vii) DISTRICT 's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained condition.

12. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, DISTRICT FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to any inspection and in the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.

13. Provide CITY with a reproducible duplicate copy of "record drawings" of DISTRICT FACILITIES along with a written notice that PROJECT is complete and request CITY release bonds held for DISTRICT FACILITIES upon (i) DISTRICT acceptance of PROJECT construction as being complete and (ii) DISTRICT receipt of stamped and signed "record drawing" of IMPROVEMENT PLANS, as set forth in Section I.23.

14. Enter into a separate SFLE with CITY upon DISTRICT acceptance of DISTRICT FACILITIES, as set forth in Recital I.

SECTION III
CITY shall:

1. Review and approve IMPROVEMENT PLANS prior to the start of PROJECT construction when CITY has determined that such plans meet CITY standards.

2. Accept CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER , which meet the requirements of CITY's municipal code or ordinances, as set forth in Section I.4., and hold said bonds as provided herein. The surety, amount and form of the bonds shall be subject to approval of DISTRICT (Attention: Contract Services Section) and C ITY. The bonds shall remain in full force a nd effect until DISTRICT accepts A.10.b
Packet Pg. 194
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 14 -
DISTRICT FACILITIES as complete and CITY accepts CITY FACILITIES as complete. CITY shall not release said bonds until DISTRICT provides C ITY with a reproducible duplicate copy of "record drawings" and written notification as set forth in Section II.13

3. Inspect PROJECT construction.

4. Consent, by execution of this Agreement, to DISTRICT recording of any Irrevocable Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement.

5. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication as set forth herein and any other outstanding offers of dedication necessary for the construction, inspection, operation and maintenance of DISTRICT FACILITIES, and convey sufficient rights of way to DISTRICT to allow DISTRICT to construct, inspect, operate and maintain DISTRICT FACILITIES.

6. Grant DISTRICT, by execution of this Agreement, the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way.

7. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, convey or cause to be conveyed to DISTRICT the flood control easement(s) , including ingress and egress, to the rights of way as shown in concept in "cross-hatched" on Exhibit "D".

8. Accept ownership and sole responsibility for the operation and maintenance of CITY FACILITIES upon DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance , and enter into a separate SFLE with DISTRICT upon DISTRICT's acceptance of DISTRICT FACILITIES, as set forth in Recital I.

9. Release occupancy permits in accordance with the approved conditions of Approval for Tract Map No. 37544.

A.10.b
Packet Pg. 195
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 15 -

10. Upon CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portions of DISTRICT FACILITIES are improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.

SECTION IV
It is further mutually agreed:

1. All construction work involved with PROJECT shall be inspected by DEVELOPER, DISTRICT and CITY but shall not be deemed complete until DISTRICT and CITY mutually agree in writing that construction of PROJECT is completed in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.

2. CITY and DEVELOPER personnel may observe and inspect all work being done on DISTRICT FACILITIES but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DEVELOPER 's contractor(s) during the construction of PROJECT.

3. If DEVELOPER fails to commence construction of PROJECT within twenty-four (24) consecutive months after execution of this Agreement, it is expressly understood that since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute authority for DISTRICT to perform the remaining work to complete PROJECT and require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT from the funds paid by DEVELOPER's surety for any DISTRICT costs incurred to complete PROJECT.

A.10.b
Packet Pg. 196
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 16 -

4. If DEVELOPER fails to complete construction of PROJECT within twelve (12) months after commencement of construction of PROJECT , then DISTRICT reserves the right to withhold issuance of the Notice to Proceed pending a review of the existing site conditions as they exist at the time DEVELOPER provides written notification to DISTRICT of the start of construction as set forth in Section I. 14. In the event of a change in the existing site conditions that materially affect s PROJECT function or DISTRICT 's ability to operate and maintain DISTRICT FACILITIES, DISTRICT may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by DISTRICT. In the event of a change in the existing site conditions that materially affe cts PROJECT function or CITY's ability to operate and maintain CITY FACILITIES, CITY may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by CITY.

5. In the event DEVELOPER wishes to expedite issuance of a Notice to Proceed, DEVELOPER may ele ct to furnish an independent qualified construction inspector at DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation of the individual 's credentials and experience to DISTRICT for review and, if appropriate, approval. DISTRICT shall review the individual 's qualifications and experience, and upon approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be authorized to act on DISTRICT 's behalf on all DISTRICT FACILITIES construction and quality control matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section I.4. exceeds Ten Thousand Dollars ($10,000), DISTRICT shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER's initial inspection deposit within forty-five (45) calendar days of DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.

A.10.b
Packet Pg. 197
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 17 -

6. PROJECT construction work shall be on a five (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is necessary to work more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a written request for permission from DISTRICT and CITY to work the additional hours. The request shall be submitted to DISTRICT and CITY at least seventy -two (72) hours prior to the requested additional work hours and state the reasons for the overtime and the specific time frames required. The decision of granting permission for overtime work shall be made by DISTRICT and CITY at their sole discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with County of Riverside Ordinance Nos. 671 and 749, including any amendments thereto.

7. DEVELOPER shall indemnify and hold harmless DISTRICT, the County of Riverside, CITY (including each of their A gencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) ("Indemnitees") from any liability whatsoever, based or asserted upon any services of DEVELOPER, its officers, employees, subcontractors, agents or representatives, arising out of or in any way relating to this Agreement, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of DEVELOPER, its officers, employees, subcontractors, agents or representatives from this Agreement. DEVELOPER shall defend, at its sole expense, all costs and fees, including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

A.10.b
Packet Pg. 198
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 18 -

8. With respect to any action or claim subject to indemnification herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and may adjust, settle, compromise any such action or claim only with the prior consent of DISTRICT , the Co unty of Riverside and CITY. Any such adjustment, settlement or compromise shall not in any manner whatsoever limit or circumscribe DEVELOPER 's indemnification to Indemnitees as set forth herein. No settlement on behalf of CITY that would impose construction, maintenance or other obligations on CITY beyond those described in this Agreement shall be effective unless and until the settlement agreement is agreed to in writing by City Manager on behalf of CITY.

9. DEVELOPER's obligation hereunder shall be satisf ied when DEVELOPER has provided to DISTRICT , the County of Riverside and CITY the appropriate form of dismissal relieving DISTRICT, the County of Riverside or CITY from any liability for the action or claim involved.

10. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER's obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

11. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with California Civil Code Section 2782.

Such interpretation shall not relieve DEVELOPER from indemnifying the Indemnitees to the fullest extent allowed by law.

12. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT, the County of Riverside and CITY (including each of their A gencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agen ts and representatives) from any and all claims, A.10.b
Packet Pg. 199
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 19 -
demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT . Nothing contained herein shall constitute a rel ease by DISTRICT , County of Riverside , or CITY (including their Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed offi cials, employees, agents and representatives) of DEVELOPER from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of PROJECT by DEVELOPER after the acceptance of PROJECT by DISTRICT or CITY.

13. Any waiver by any Party hereto of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term he reof. Failure on the part of any Party hereto to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping such Party from enforcement hereof.

14. Any and all no tices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contracts Services Section

To CITY: CITY OF MORENO VALLEY
14177 Frederick Street
Moreno Valley, CA 92552
Attn: Hoang Nguyen

A.10.b
Packet Pg. 200
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 20 -
To DEVELOPER: FH II, LLC
a California limited liability corporation
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Attn: Andrew Wennerstrom

15. This Agreement is to be construed in accordance with the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

16. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other County.

17. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import ance or significance. Any uncertainty or ambiguity in this Agreement shall no t be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

18. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.

19. No Party shall assign this Agreement without the wri tten consent of all other Parties. Any attempt to delegate or assign any interest herein without written consent of all other Parties shall be deemed void and of no effect. In the event DEVELOPER sells Tract Map No. 37544, DEVELOPER shall notify DISTRICT and CITY of any such transfer or assignment in writing no later than thirty ( 30) calendar days from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the A.10.b
Packet Pg. 201
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 21 -
obligations and du ties in this Agreement until DISTRICT, CITY, DEVELOPER and the new owner(s) of Tract Map No. 37544 fully execute an assignment and assumption agreement that transfers all DEVELOPER's rights, duties or obligations hereunder to the new owner (s) of Tract Map No. 37544.

20. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement and have been authorized to do so by all boards of directors, legal counsel, and/or any other board, committee or other entity within their respective company(ies) which have the authority to authorize or deny entering into this Agreement.

21. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

22. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
//
//

A.10.b
Packet Pg. 202
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 22 -
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on

.
(to be filled in by Clerk of the Board)

RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

By
JASON E. UHLEY
General Manager-Chief Engineer

By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors

APPROVED AS TO FORM:

ATTEST:

COUNTY COUNSEL

KECIA HARPER
Clerk of the Board

By
STEPHANIE K. NELSON
Deputy County Counsel

By
Deputy

(SEAL)

[Signed in Counterpart]

Cooperative Agreement:

Quincy Street Channel, Stage 4
Project No. 4-0-00143-04
Tract Map No. 37544
AK:blm
03/22/22
A.10.b
Packet Pg. 203
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

- 23 -
RECOMMENDED FOR APPROVAL: CITY OF MORENO VALLEY

By

MIKE LEE
City Manager

APPROVED AS TO FORM:

ATTEST:

By

STEVE QUINTANILLA
Interim City Attorney

By

PAUL BRADVICA
Deputy City Clerk

(SEAL)

Cooperative Agreement:

Quincy Street Channel, Stage 4
Project No. 4-0-00143-04
Tract Map No. 37544
A.10.b
Packet Pg. 204
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE 242905

23(a)

RECOMMENDED FOR APPROVAL:

MORENO VALLEY COMMUNITY

SERVICE DISTRICT

By

MIKE LEE
Executive Director

APPROVED AS TO FORM: ATTEST:

By By

STEVE QUINTANILLA PAUL BRADVICA
Interim City Attorney Deputy City Clerk
General Legal Counsel of the MVCSD Secretary of the MVCSD

(SEAL)

Cooperative Agreement:

Quincy Street Channel, Stage 4
Project No. 4-0-00143-04
Tract Map No. 37544
AK:blm
03/22/22
A.10.b
Packet Pg. 205
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE A.10.b
Packet Pg. 206
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE A.10.b
Packet Pg. 207
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE Order No. 140-1938415-32

Exhibit “ A ”
Parcel 1:

Lot 8 in Block 116 of Map No. 1 of the Bear Valley and Alessandro Development Company, as shown by Map on File in Book 11 Page(s) 10 of Maps, records of San Bernardino County, California.

Except that portion described as follows:

Beginning at the Southwest corner of said Lot 8, said point being on the Northerly line of Brodiaea Street, as shown on said Map; thence Easterly along the Southerly line of said Lot, 67.6 feet; thence Northerly and parallel with the Westerly line of said Lot, 135 feet; thence Westerly and parallel with the Southerly line of said Lot, 67.6 feet; thence Southerly along the Westerly line of said Lot, 135 feet to the point of beginning.

APN: 478-080-014
Parcel 2:

An easement for ingress and egress over the Southerly 10 feet of a parcel of land described as follows:

That portion of Lot 8 in Block 116 of Map No. 1 of the Bear Valley and Alessandro Development Company, as shown by Map on File in Book 11 Page(s) 10 of Maps, records of San Bernardino County, California, and particularly described as:

Beginning at the Southwest corner of said Lot 8, said point being on the Northerly line of Brodiaea Street, as shown on said Map; thence Easterly along the Southerly line of said Lot, 67.6 feet; thence Northerly and parallel with the Westerly line of said Lot, 135 feet; thence Westerly and parallel with the Southerly line of said Lot, 67.6 feet; thence Southerly along the Westerly line of said Lot, 135 feet to the point of beginning.

A.10.b
Packet Pg. 208
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE

OPEN SPACE
LOT "BB"

OPEN SPACE
LOT "BB"
BASIN
"DD"
LOT
LOT "AA" BASIN
STREET
QUINCY
QUINCY CHANNEL LOT "EE QUINCY CHANNEL LOT "EE

OPEN SPACE
LOT "BB"

OPEN SPACE
LOT "BB"
SEE SHEET NO. 4 SEE SHEET NO. 5

INDEX SHEET
60 0 60
SCALE: 1" = 60'
120

EASEMENT NOTES
3 X
BASIN
LOT "AA"
BASIN
LOT "CC"
BASIN
"DD"
LOT
BLOCK 116
MB 11/10

COMPANY

ALESSANDRO DEVELOPMENT
LOT 7
MB 357/69-71
TRACT 27523-2
MB 456/50-58
TRACT 36436
SPACE
OPEN
LOT "BB"

MISSION BAY STREET
45 W HITNEY STREET

QUINCY STREET
LO
T "E
E
"
Q
U
IN
C
Y C
H
A
N
N
E
L
LOT "BB" AND LOT "EE" .

OF FLOOD CONTROL FACILITIES LYING WITHIN

PURPOSES FOR CONSTRUCTION AND MAINTENANCE
6 AN EASEMENT FOR RIGHT OF WAY AND ACCESS
DEDICATED HEREON LYING WITHIN LOT "EE ".
5 AN EASEMENT FOR TRAIL USE PURPOSES
INCLUSIVE.

EASEMENT ACROSS LOTS "AA" THROUGH "DD",
4 A PRIVATE LANDSCAPE AND MAINTENANCE
RECORDED 2/6/1958 IN BOOK 2218 PAGE 125 OR.

HARVEY PURDIN AND VIOLET LUCILE PURDIN

INCIDENTAL PURPOSES IN FAVOR OF JAMES
3 AN EASEMENT FOR INGRESS AND EGRESS AND
O.R.

RECORDED 9/13/1947 IN BOOK 863, PAGE 371

COUNTIES GAS COMPANY OF CALIFORNIA

CALIFORNIA GAS COMPANY AND SOUTHERN

INCIDENTAL PURPOSES IN FAVOR OF SOUTHERN

OF INGRESS AND EGRESS FOR PIPELINES AND
2 AN EASEMENT FOR RIGHT OF WAY WITH RIGHT

EASEMENT CANNOT BE PLOTTED FROM RECORD.
07/13/1908 IN BOOK 264, PAGE OF DEEDS. THE

PURPOSES IN FAVOR OF JENNIE BRANT RECORDED
1 AN EASEMENT FOR PIPELINES AND INCIDENTAL
NOTES
SHEET OF 5 SHEETS
TRACT MAP NO. 37544

IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA RICK ENGINEERING COMPANY JUNE 2019

EASEMENT NOTES.

2. SEE SHEET NO. 3 FOR INDEX MAP AND
BASIS OF BEARINGS AND MONUMENT LOG.

1. SEE SHEET NO. 2 FOR SURVEYOR'S NOTES,
\\RivFile1\C_RIV_G\18596\Survey\18596fm03_IndexSht.dgn
c Rick Engineering Company2021
PLOT DATE: JN 1859609-NOV-2021
AND MERIDIAN.

STATE OF CALIFORNIA. LYING WITHIN SECTION 14, TOWNSHIP 3 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE COMPANY, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 10 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY BEING A SUBDIVISION OF LOT 8 IN BLOCK 116 OF MAP NO 1 OF BEAR VALLEY AND ALESSANDRO DEVELOPMENT 1 2
3 4
5 6
LOT "A"
LO
T "B
"
LOT "C"

BRODIAEA AVENUE
Q
U
IN
C
Y
S
TR
E
E
T
41 40
39 7
8 9 10 11 12 13 14 15 16 17
24 25
26 23 22 21 20 19 18
323130292827
38 37 36 35 34 33
444342
LOT "E"
LO
T "D
"

CYPRUS POINT STREET

MISSION BAY STREET

QUINCY CHANNEL
EXHIBIT "B"
STAGE 4-
(Red)

COOPERATIVE

AGREEMENT
Quincy Street Channel,
Stage 4
Project No. 4-0-00143-04
Tract Map No. 37544
A.10.b
Packet Pg. 209
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE AGREEMENT) EXHIBIT “C”

Insurance Requirements | Page 1 of 3

DISTRICT's Insurance Requirements is as follows:

Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages du ring the term of this Agreement. As respects to the insurance section only, the “DISTRICT” herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If DEVELOPER has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Po licy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of DEVELOPER's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then DEVELOPER shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.

D. Professional Liability:

DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the performance of DEVELOPER's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability A.10.b
Packet Pg. 210
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE EXHIBIT “C”

Insurance Requirements | Page 2 of 3

Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

E. General Insurance Provisions – All Lines:

a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

b. The DEVELOPER must declare its insurance self-insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self -insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, DEVELOPER's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

c. DEVELOPER shall ca use their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if req uested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and po licies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insura nce. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement A.10.b
Packet Pg. 211
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE EXHIBIT “C”

Insurance Requirements | Page 3 of 3

found herein, DEVELOPER shall cause DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.

d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsemen ts or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.

e. It is understood and agreed by the parties hereto that DEVELOPER 's insurance shall be construed as pr imary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self -insured programs shall not be construed as contributory.

f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by DEVELOPER has become inadequate.

g. DEVELOPER shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.

i. DEVELOPER agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

A.10.b
Packet Pg. 212
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE N
A.10.b
Packet Pg. 213
Attachment: Cooperative Agreement - Tract 37544 Quincy Street Channel Stage 4 (5790 : PEN18-0092 (TR 37544) – APPROVE COOPERATIVE

Report to City Council

ID#5778 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Public Works Director/City Engineer

AGENDA DATE: April 19, 2022

TITLE: AUTHORIZATION TO AWA RD A CONSTRUCTION
CONTRACT TO CT&T CON CRETE PAVING INC. FO R
FISCAL YEAR 2021 -22 ADA RAMP IMPROVEMENT S,
PROJECT NO. 801 0095

RECOMMENDED ACTION
Recommendations:

1. Award a construction contract to CT&T Concrete Paving Inc., 324 South Diamond Bar Boulevard, PMB 275, Diamond Bar, CA 91765, for the Fiscal Year 2021-22 ADA Access Ramp Improvements project in the amount of $651,300.00, funded by the Transportation Development Act Article 3 Bicycle and Pedestrian Facilities Program (SB 821) grant and gas tax;

2. Authorize the City Manager to execute a contract with CT&T Concrete Paving Inc.;

3. Authorize the issuance of a Pur chase Order for CT&T Concrete Paving Inc. in the amount of $ 748,995.00 ($651,300.00 bid amount plus 15% contingency) when the contract has been signed by all parties; and

4. Authorize the Public Works Director/City Engineer to execute any subsequent related change orders to the contract with CT&T Concrete Paving Inc. up to, but not exceeding, a contingency of $ 97,695.00 subject to the approval of the City Attorney.

SUMMARY

This report recommends approval of a contract with CT&T Concrete Paving Inc. for the construction of the Fiscal Year 2021-22 ADA Access Ramp Improvements project. The project is funded by SB 821 grant and gas tax and has been approved in the Fiscal A.11
Packet Pg. 214

Years 2021-22 & 2022-23 Capital Improvement Plan (CIP).

DISCUSSION

In May 2021, the Ci ty received a gran t award in the amount of $430,000 from the Riverside County Transportation Commission (RCTC) under the Transportation Development Act Article 3 Bicycle and Pedestrian Facilities Program (SB 821) for the reconstruction of seventy-seven (77) existing access ramps citywide. The City Council accepted the grant at its meeting on August 3, 2021 and approved the use of gas tax in the amount of $430,000 (50% match) as local match to the grant for completing the design and construction of the project.

This p roject will provide American with Disabilities Act (ADA) compliant and safety enhanced access ramps at twenty -seven (27) intersections throughout the City of Moreno Valley. The project also includes various pedestrian safety enhancing improvements such as repainting crosswalks, installing pedestrian push buttons, and reconstructing adjacent sidewalks to accommodate and allow for level walking surface transition between the existing sidewalks and the new ramps.

The Planning Division of the Com munity Development Department has determined that this project qualifies for a Class I Categorical Exemption as defined in Section 15301(c) of the California Environmental Quality Act (CEQA) because the work involves rehabilitation of existing facilities or no expansion of an existing use.

The bidding documents were completed in February 20 22. The project was advertised for construction bids in March 20 22 and formal bidding procedures were followed in conformance with the Public Contract Code. Bids wer e received via the electronic bid management system, PlanetBids, on March 31, 2022, and Seven (7) bids were received as follows:

CONTRACTORS Bid Amount

1. CT&T Concrete Paving Inc. $651,300.00

2. Aneen Construction, Inc. $682,500.00

3. I E General Engineering, Inc. $730,870.00

4. Universal Construction and Engineering $849,001.00

5. Alfaro Communications Construction, Inc. $876,140.00

6. Onyx Paving Company, Inc. $969,000.00

7. EBS General Engineering, Inc. $1,024,308.00

The lowest responsible bidder was determined by compa ring the cumulative total for all bid items as stipulated in the Bidding Documents. Staff has reviewed the bid by CT&T Concrete Paving Inc. and finds it to be the lowest responsible bidder in possession of a valid license and bid bond. No outstanding iss ues were identified through review of the references submitted by CT&T Concrete Paving Inc. in their bid.

A.11
Packet Pg. 215

The contingency of 15% of the bid amount ($97,695.00) is recommended to account for any latent or unforeseen circumstances encountered during constru ction and allow flexibility to respond to resident requests during construction.

Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public Infrastructure to ensure an ex cellent quality of life, develop and implement innovative, cost-effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.”

ALTERNATIVES

1. Approve and authorize the r ecommended actions as presented in this report.

This alternative allows for the completion of the construction of much needed improvements of the p roject, thereby enhancing pedestrian safety and mobility for the public.

2. Do not approve and authorize the recommended actions. This alternative, not recommended by staff, would delay implementation of the project and its resulting benefits and may jeopardize the SB 821 funding.

FISCAL IMPACT

The SB 821 grant provide s for reimbursement of up to $430,000 for the total cost of implementing this project, which is estimated to be a total of $860,000. The City is to provide local matching funds of 50% for the project from Gas Tax (Fund 2000) available in the Annual ADA Compliant Access Upgrades project (801 0008) . SCAG Article 3 funds are restricted to transportation related capital improvements. There is no impact to the General Fund.

AVAILABLE FUNDS:

Proposed SCAG Article 3 Funds
(Account No. 2800-70-77-80001) (Project No. 801 0095) .................................. $430,000 Annual ADA Compliant Access Upgrades
(Account No. 2000-70-77-80001) (Project No. 801 0008 70 77) ........................ $430,000 Total ................................................................................................................... $860,000

ESTIMATED PROJECT COSTS:

Design ................................................................................................................. $20,000 Construction cost (plus 15% contingency) ........................................................ $748,995 Construction Materials Testing and Geotechnical Services ................................ $30,000 Construction Survey Services ............................................................................. $30,000 Project Administration and Inspection ................................................................. $30,000 Total .................................................................................................................. $858,995

ANTICIPATED PROJECT SCHEDULE:

Design Completed ...................................................................................... February 2022 A.11
Packet Pg. 216

Start Construction.............................................................................................. June 2022 Complete Construction ................................................................................. October 2022

NOTIFICATION

Public notification and community outreach will continue throughout the completion of this project.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Quang Nguyen, PE Michael Lloyd, PE
Senior Engineer Public Works Director/City Engineer

Concurred By:

Melissa L. Walker, PE
Engineering Division Manager/Assistant City Engineer

CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardo us material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developi ng and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Location Map

2. Agreement with CT&T Concrete Paving Inc

APPROVALS
A.11
Packet Pg. 217

Budget Officer Approval  Approved . 4/13/22 6:37 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 4/13/22 8:49 AM A.11
Packet Pg. 218
A.11.a
Packet Pg. 219
Attachment: Location Map (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-1
2246371.3

Agreement No.

AGREEMENT

PROJECT No. 801 0095

FISCAL YEAR 2021-22 ADA ACCESS RAMPS IMPROVEMENTS
(SB 821 Bicycles and Pedestrian Facilities Program)

This Fiscal Year 2021-22 ADA Access Ramps Improvements Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2022 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and CT&T Concrete Paving Inc. , hereinafter referred to as “Contractor.”

That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. CONTRACT DOCUMENTS . The Contract Documents consist of the following, which are incorporated herein by this reference:

A. This Agreement
B. Any and all Contract Change Orders and Construction Change Directives issued after execution of this Agreement
C. Addenda Nos. ___0___ inclusive, issued prior to the Bid Deadline D. The bound Contract Documents that include City Special Provisions, General Provisions, and Technical Provisions
E. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions F. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
G. Project Plans
H. City Standard Plans
I. Caltrans Standard Plans
J. EMWD Standard Plan
K. Governmental approvals, including, but not limited to, permits required for the Work L. Contractor’s Labor and Materials Payment Bond (for reference only) M. Contractor’s Faithful Performance Bond (for reference only) N. Contractor’s Certificates of Insurance and Additional Insured Endorsements

In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.

In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.

2. REFERENCE DOCUMENTS . The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes:

A.11.b
Packet Pg. 220
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-2
2246371.3

A. None

3. SCOPE OF WORK . The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work described in the Contract Documents, except as otherwise provided in the Plans, Standard Specifications, or City Special Provisions to be the responsibility of others.

4. PAYMENT .

4.1. Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, the City shall pay Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items and Additive Alternate Bid Items, if any, set forth the Bid Schedule submitted with the Bid. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is Six Hundred Fifty One Thousand Three Hundred and 00/100 Dollars ($ 651,300.00) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bid Schedule for which unit prices are fixed are estimates only and that City will pay and Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bid Schedule multiplied by the actual number of units performed, constructed, or completed as directed and measured by the City Engineer.

4.2. Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the City Special Provisions.

5. CONTRACT TIME .

A. Initial Notice to Proceed. After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements constitutes the date of commencement of the Contract Time of Sixty (60) Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements, and to complete construction of the Project (except as adjusted by subsequent Change Orders).

The Notice to Proceed to Fulfill Preconstruction Requirements shall further specify that Contractor must complete the preconstruction requirements within Ten (10) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.

Critical preconstruction requirements include, but are not limited to, the following:

 Water Pollution Control Plan (WPCP)
 Submitting and obtaining approval of critical required submittals  Obtaining an approved no fee Encroachment Permit
 Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents

If the City’s issuance of a Notice to Proceed to Fulfill Preconstruction Requirements delayed due to Contractor’s failure to return the fully executed Agreement and insurance and bond documents within ten (10) Working Days after Contract award, then Contractor agrees to the deduction of one (1) Working Day from the number of days to complete the Project for every A.11.b
Packet Pg. 221
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-3
2246371.3
Working Day of delay in the City’s receipt of said documents. This right is in addition to and does not affect the City’s right to demand forfeiture of Contractor’s Bid Security if Contractor persistently delays in providing the required documentation.

B. Notice to Proceed with Construction. After all preconstruction requirements are met in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

6. LIQUIDATED DAMAGES AND CONTROL OF WORK .

6.1. Liquidated Damages. The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to complete the Work within the Contract Time, which includes the time necessary to fulfill preconstruction requirements, and to complete construction of the Project (except as adjusted by subsequent Change Orders) in accordance with Article 5 above. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85 and in Public Contract Code Section 7203. Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadlines for completion of the Work and will not excuse Cont ractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.

In the event that Contractor fails to complete the Work within the Contract Time, Contractor agrees to pay the City $500.00 per Calendar Day that completion of the each such portion of the Work is delayed beyond the Contract Time. The C ontractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of portions of the Work. The Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.

It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the City.

Liquidated damages are owed automatically and without notice of any kind upon the accrual of each day of delay. City may at any time deduct liquidated damages as are payable hereunder from money due or to become due to Contractor, or pursue any other legal remedy to collect such liquidated damages from Contractor and/or its Surety. Neither the City's failure or delay in deducting liquidated damages from payments otherwise due Contractor, nor City's failure or A.11.b
Packet Pg. 222
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-4
2246371.3
delay in notifying Contractor of the accrual of liquidated damages, shall be deemed a waiver of City's right to liquidated damages.

City's rights under this Section shall not be interpreted as precluding or limiting: (1) any right or remedy of City arising from an event of Contractor default other than a failure to complete the Work within the Contract Time; or (2) City's right to order an acceleration, at Contractor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue liquidated damages. The availability of liquidated damages shall not limit City's right to terminate the Contractor’s performance and accrual and/or assessment of liquidated damages does not constitute a waiver of such rights.

6.2. Owner is Exempt from Liability for Early Completion Delay Damages . While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensati on whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay. See Section 6-4 of the Standard Specifications and City Special Provisions regarding compensation for delays.

6.3. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in Section 3-5 of the City Special Provisions.

7. INSURANCE .

7.1. General. The Contractor shall procure and maintain at its sole expense and throughout the term of this Agreement, any extension thereof, Commercial General Liability, Automobile Liability, and Workers’ Compensation Insurance with such coverage limits as described herein.

7.2. Additional Insured Endorsements . The Contractor shall cause the insurance required by the Contract Document to include the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective offi cials, employees, commission members, officers, directors, agents, employees, volunteers and representatives as an additional insureds. For the Commercial General Liability coverage, said parties shall be named as additional insureds utilizing either:

1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or

2. ISO Additional Insured endorsement CG 20 10 (10/01) and Additional Insured Completed Operations endorsement CG 20 37 (10/01); or

3. Substitute endorsements providing equivalent coverage, approved by the City.

A.11.b
Packet Pg. 223
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-5
2246371.3
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. Coverage for such additional insureds does not extend to liability to the extent prohibited by Insurance Code Section 11580.4.

7.3. Waivers of Subrogation . All policies of insurance required by the Contract Documents shall include or be endorsed to provide a waiver by the insurers of any rights of recovery or subrogation that the insurers may have at any time against the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives.

7.4. Primary Coverage . All policies and endorsements shall stipulate that the Contractor’s (and the Subcontractors’) insurance coverage shall be primary insurance as respects the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives, and shall be excess of the Contractor’s (and its Subcontractors’) insurance and shall not contribute with it.

7.5. Coverage Applies Separately to Each Insured and Additional Insured .

Coverage shall state that the Contractor’s (and its Subcontractors’) insurance shall apply separately to each insured or additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall apply to any claim or suit brought by an additional insured against a named insured or other insured.

7.6. Self-Insurance. Any self-insurance (including deductibles or self-insured retention in excess of $50,000) in lieu of liability insurance must be declared by Contractor and approved by the City in writing prior to execution of the Agreement. The City’s approval of self- insurance, if any, is within the City’s sole discretion and is subject to the following conditions:

1. Contractor must, at all times during the term of the Agreement and for a period of at least one (1) year after completion of the Project and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions, maintain and upon Owner’s reasonable request provide evidence of:

(a) Contractor’s “net worth” (defined as “total assets” [defined as all items of value owned by the Contractor including tangible items such as cash, land, personal property, and equipment, and intangible items such as copyrights and business goodwill]) minus total outside liabilities must be reflected in a financial statement for the prior fiscal year reflecting sufficient income and budget for Contractor to afford at least one loss in an amount equal to the amount of self-insurance;

(b) Financial statements showing that Contractor has funds set aside/budgeted to finance the self-insured fund (i.e., Contractor has a program that fulfills functions that a primary insurer would fill); and

A.11.b
Packet Pg. 224
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-6
2246371.3
(c) A claims procedure that identifies how a claim is supposed to be tendered to reach the financing provided by the self-insured fund.

2. If at any time after such self-insurance has been approved, the Contractor fails to meet the financial thresholds or otherwise fails to comply with the provisions set forth in this Paragraph 7, at the option of the City:

(a) The Contractor shall immediately obtain and thereafter maintain the third party insurance required under this Paragraph 7 and otherwise on the terms required above; or

(b) The insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees, and volunteers; or

(c) The Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses.

7.7. Insurer Financial Rating. Insurance companies providing insurance hereunder shall be rated A-VII or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.

7.8. Notices to City of Cancellation or Changes . Each insurance policy described in this Paragraph 7 shall contain a provision or be endorsed to state that coverage will not be cancelled without thirty (30) days’ prior written notice by certified or registered mail to the City (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to the City), except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. If an insurance carrier cancels any policy or elects not to renew any policy required to be maintained by Contractor pursuant to the Contract Documents, Contractor agrees to give written notice to the City at the address indicated on the first page of the Agreement. Contractor agrees to provide the same notice of cancellation and non-renewal to the City that is required by such policy(ies) to be provided to the First Named Insured under such policy(ies). Contractor shall provide confirmation that the required policies have been renewed not less than seven (7) days prior to the expiration of existing coverages and shall deliver renewal or replacement policies, certificates and endorsements to the City Clerk within fourteen (14) days of the expiration of existing coverages. Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City Clerk copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.

7.9. Commercial General Liability. Coverage shall be written on an ISO Commercial General Liability “occurrence” form CG 00 01 (10/01 or later edition) or equivalent form approved by the City for coverage on an occurrence basis. The insurance shall cover liability, including, but not limited to, that arising from premises operations, stop gap liability, independent contractors, products-completed operations, pers onal injury, advertising injury, and liability assumed under an insured contract. The policy shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 (11/85). Coverage shall contain no contractors’ limitation A.11.b
Packet Pg. 225
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-7
2246371.3
or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground (x, c, u) property damage. Contractor shall provide Products/Completed Operations coverage to be maintained continuously for a minimum of one (1) year after Final Acceptance of the Work, and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions.

Contractor shall maintain Commercial General Liability insurance with the following minimum limits: $1,000,000 per occurrence / $2,000,000 aggregate / $2,000,000 products-completed operations.

7.10. Business Automobile Liability . Coverage shall be written on ISO form CA 00 01 (12/93 or later edition) or a substitute form providing equivalent coverage for owned, hired, leased and non-owned vehicles, whether scheduled or not, with $1,000,000 combined single limit per accident for bodily injury and property damage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

7.11. Workers’ Compensation. Contractor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the job. Compliance is accomplished in one of the following manners:

1. Provide copy of permissive self-insurance certificate approved by the State of California; or

2. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimal limit of $1,000,000 per accident; or

3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be used in performance of this Contract.

7.12. Subcontractors’ Insurance. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

8. BONDS . The Contractor shall provide two surety bonds. The Contractor shall furnish a satisfactory Performance Bond meeting all statutory requirements of the State of California on the form provided by the City. The bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents as may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations, in an amount that shall remain equal to one hundred percent (100%) of the Contract Price.

The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California on the form provided by the City in an amount that shall remain equal to one hundred percent (100%) of the Contract Price to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material A.11.b
Packet Pg. 226
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-8
2246371.3
suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.

All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a California- admitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public.

Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.

Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.

Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only, and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney ’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.

9. RECORDS . The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project records current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California, the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5) years after Final Acceptance.

A.11.b
Packet Pg. 227
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-9
2246371.3

10. INDEMNIFICATION .

10.1. General. To the fullest extent permitted by law, the Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, protect, hold harmless and defend (even if the allegations are false, fraudulent, or groundless), the City of Moreno Valley, its City Council, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD), and all of their respective officials, officers, directors, employees, commission members, representatives and agents (“Indemnitees”), from and against any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceeds, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenues, and expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), or lo sses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from, or in any way (either directly or indirectly), related to the Work, the Project or any breach of the Contract by Contractor or any of its officers, agents, employees, Subcontractors, Sub-subcontractors, or any person performing any of the Work, pursuant to a direct or indirect contract with the Contractor (“Indemnity Claims”).

Such Indemnity Claims include, but are not limited to, claims for:

A. Any activity on or use of the City’s premises or facilities; B. Any liability incurred due to Contractor acting outside the scope of its authority pursuant to the Contract, whether or not caused in part by an Indemnified Party; C. The failure of Contractor or the Work to comply with any Applicable Law, permit or orders;
D. Any misrepresentation, misstatement or omission with respect to any statement made in the Contract Documents or any document furnished by the Contractor in connection therewith;
E. Any breach of any duty, obligation or requirement under the Contract Documents, including, but not limited to any breach of Contractor’s warranties, representations or agreements set forth in the Contract Documents;
F. Any failure to coordinate the Work with City’s Separate Contractors; G. Any failure to provide notice to any party as required under the Contract Documents; H. Any failure to act in such a manner as to protect the Project from loss, cost, expense or liability;
I. Bodily or personal injury, emotional injury, sickness or disease, or death at any time to any persons including without limitation employees of Contractor; J. Damage or injury to real property or personal property, equipment and materials (including, but without limitation, property under the care and custody of the Contractor or the City) sustained by any person or persons (including, but not limited to, companies, corporations, utility company or property owner, Contractor and its employees or agents, and members of the general public);
K. Any liability imposed by Applicable Law including, but not limited to criminal or civil fines or penalties;
L. Any dangerous, hazardous, unsafe or defective condition of, in or on the Site, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Site by Contractor, its officers, agents, employees, or Subcontractors;
M. Any operation conducted upon or any use or occupation of the Site by the Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise;
A.11.b
Packet Pg. 228
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-10
2246371.3
N. Any acts, errors, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;
O. Infringement of any patent rights, licenses, copyrights, or intellectual property which may be brought against the Contractor or Owner arising out of Contractor’s Work, for which the Contractor is responsible; and
P. Any and all claims against the City seeking compensation for labor performed or materials used or furnished to be used in the Work or alleged to have been furnished on the Project, including all incidental or consequential damages resulting to the City from such claims.

10.2. Effect of Indemnitees’ Active Negligence. Contractor’s obligations to indemnify and hold the Indemnitees harmless exclude only such portion of any Indemnity Claim which is attributable to the active negligence or willful misconduct of the Indemnitee, provided such active negligence or willful misconduct is determined by agreement of the parties or by findings of a court of competent jurisdiction. In instances where an Indemnitee’s active negligence accounts for only a percentage of the liability for the Indemnity Claim involved, the obligation of Contractor will be for that entire percentage of liability for the Indemnity Claim not attributable to the active negligence or willful misconduct of the Indemnitee(s). Such obligation shall not be construed to negate, abridge or otherwise reduce any other ri ght or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10. Subject to the limits set forth herein, the Contractor, at its own expense, shall satisfy any resulting judgment that may be rendered against any Indemnitee resulting from an Indemnity Claim. The Indemnitees shall be consulted with regard to any proposed settlement.

10.3. Independent Defense Obligation. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Cont ractor’s obligation to defend the Indemnitee(s) shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. The Contractor shall respond within thirty (30) Calendar Days to the tender of any Indemnity Claim for defense and/or indemnity by an Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured and experienced legal counsel acceptable to the City.

10.4. Intent of Parties Regarding Scope of Indemnity. It is the intent of the parties that the Contractor and its Subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by Applicable Law. In the event that any of the defense, indemnity, or hold harmless provisions in the Contract Documents are found to be ambiguous or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.

10.5. Waiver of Indemnity Rights Against Indemnitees. With respect to third party claims against the Contractor, to the fullest extent permitted by law, the Contractor waives any and all rights to any type of express or implied indemnity against the Indemnitees.

A.11.b
Packet Pg. 229
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-11
2246371.3

10.6. Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s Subcontractors of every tier shall protect, def end, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Paragraph 10.

10.7. No Limitation or Waiver of Rights. Contractor’s obligations under this Paragraph 10 are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Paragraph 10 are separate and independent from the insurance provisions set forth in the Contract Documents, and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Paragraph 10 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

10.8. Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolv ing such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.

10.9. Survival of Indemnity Obligations. Contractor’s obligations under this Paragraph 10 are binding on Contractor’s and its Subcontractors’ successors, heirs, and assigns and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.

11. SUCCESSORS AND ASSIGNS . The Parties bind themselves, their heirs, executors, administrators, successors and assigns the covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not, either voluntarily or by action of law, assign any right or obligation of the Contractor under the Contract Documents without prior written consent of the City.

(SIGNATURE PAGE FOLLOWS)
A.11.b
Packet Pg. 230
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR City of Moreno Valley
Project No. 801 0095
Standard Form of Agreement
00500-12
2246371.3

CITY OF MORENO VALLEY, a Municipal Corporation CT&T Concrete Paving Inc.

BY: License No./
Mike Lee, City Manager Classification:

DATE: Expiration Date:

Federal I.D. No.:

PRINT NAME:

SIGNATURE:

T I T L E :

DATE:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

SIGNING INSTRUCTIONS TO THE CONTRACTOR:

Signature(s) must be accompanied by a completed notary certificate of acknowledgement attached hereto. A general partner must sign on behalf of a partnership. Two (2) corporate officers must sign on behalf of a corporation unless the corporation has a corporate resolution that allows one person to sign on behalf of the corporation; if applicable, said resolution must be attached hereto. The corporate seal may be affixed hereto.

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

A.11.b
Packet Pg. 231
Attachment: Agreement with CT&T Concrete Paving Inc (5778 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO XXXX FOR

Report to City Council

ID#5756 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: April 19, 2022

TITLE: PUBLIC HEARING TO AP PROVE CDBG, HOME & E SG

PROJECT SELECTIONS F OR INCLUSION IN FISC AL
YEAR 2022/23 ANNUAL ACTION PLAN

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct a Public Hearing for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grants Program (ESG) programs to allow the public an opportunity to comment on the proposed project selections for Fiscal Year (FY) 2022/23 Annual Action Plan.

SUMMARY

Every year, the City is required to submit an Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan identifies ho w the CDBG, HOME and ESG program funds will be utilized to provide programs and projects that benefit low and moderate -income households and neighborhoods. It serves as the City’s official grant application to HUD which must be submitted by May 13, 2022. The activities recommended for inclusion in the FY 2022/23 Annual Action Plan for CDBG, HOME and ESG are summarized in Attachment 1. Staff recommends that the City Council conduct a public hearing and review the proposed project selections for inclusion in the FY 2022/23 Annual Action Plan and submittal to HUD.

DISCUSSION

The Annual Action Plan proposed for Council consideration specifically identifies how Moreno Valley will allocate CDBG, HOME and ESG funds for the upcoming fiscal year.

The FY 2022/23 Action Plan will serve as the annual update to the City’s proposed five - year Consolidated Plan (FY 2018 -2023). Tonight’s Public Hearing represents one of F.1
Packet Pg. 232

the Public Hearings in a series of meetings conducted under the City’s FY 2022/23 Action Plan schedul e. The City Council established CDBG funding priorities at the December 7, 2021 meeting. The following provides a summary of the events that have occurred during the application process to date:

 October 26, 2021 Finance Subcommittee review of grant policies and objectives
 December 7, 2021 City Council Public Hearing to review Policies and Objectives and to collect community needs and
comments
 December 16, 2021 Notification of Notice of Funding Available (NOFA) posted by City Clerk in various satellite locations
Application made available on City website &
PlanetBids
 January 6, 2022 Application Workshop held via teleconference  January 31, 2022 Application submittal deadline

The following provides a summary of the events that are scheduled to occur during the continued application process:

 April 19, 2022 City Council Public Hearing to open the public comment period and to review and consider project
selections
 May 3, 2022 City Council Public Hearing to approve FY 2022/23 Annual Action Plan and close of public comment/
review period
 May 13, 2022 Submittal of Approved FY 2022/23 Annual Action Plan to HUD

HOME Investment Partnerships Program (HOME) – Grant Purpose

The Home Investment Partnerships Program was established by the Title II of the Cranston-Gonzalez National Affordable Housing Act. The objectives of the HOME program include:

 Expanding the s upply of decent and affordable housing, particularly housing for low- and very low-income residents,
 Strengthening the abilities of State and local governments to design and implement strategies for achieving adequate supplies of decent, affordable housing,
 Providing financial and technical assistance to participating jurisdictions, including the development of model programs for affordable low -income housing; and
 Extending and strengthening partnerships among all levels of government and the private secto r, including for -profit and non -profit organizations, in the production and operation of affordable housing.

F.1
Packet Pg. 233

HOME Investment Partnerships Program (HOME) – Funding and Limitations Fiscal Year 2022/2023 Estimated Allocation Funding Allocation Planning and Administration Cap (10% of annual grant) $66,975.40 Mandatory CHDO set-aside (15% of annual grant) $100,463.10 Available for Other Activities $502,315.50
TOTAL Estimated Allocation* $669,754.00
TOTAL Estimated Uncommitted Prior Year HOME Funds $0.00 TOTAL Estimated Available for Funding $669,754.00
* Estimated HOME allocation for Fiscal Year 2022/23 based on prior year funding

Emergency Solutions Grants Program (ESG) – Grant Purpose The objectives of the ESG program are to assist, protect, and im prove living conditions for the homeless. The program provides funding to:

 Engage homeless individuals and families living on the street,  Improve the number and quality of emergency shelters for homeless individuals and families,
 Help operate these shelters,
 Provide essential services to shelter residents,
 Rapidly re-house homeless individuals and families, and  Prevent families/individuals from becoming homeless.

F.1
Packet Pg. 234

Emergency Solutions Grants Program (ESG) – Funding and Limitations Fiscal Year 2022/2023 Estimated Allocation* Funding Allocation Planning and Administration Cap (7.5% of annual grant) $13,020.30 Available for Other Activities $160,583.70
TOTAL Estimated Allocation* $173,604.00
TOTAL Estimated Uncommitted Prior Year ESG Funds** $40,000.00 TOTAL Estimated Available for Funding $213,604.00
* Estimated ESG allocation for Fiscal Year 2022/23 based on prior year funding ** The City may utilize prior-year uncommitted funds towards non-public service activities

Community Development Block Grant (CDBG) – Grant Purpose

The Community Development Block Grant program is authorized by Title I of the Housing and Community Development Act of 1974, as amended. The primary objective of the CDBG program is to develop viable urban communities by providing d ecent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income.

The CDBG objective is to be achieved in two ways: First, a grantee can only use funds to assist eligible activities that meet one of three national objectives of the program:

 Benefit low- and moderate-income persons,
 Aid in the prevention or elimination of slums and blight, or  Meet community development needs having a particular urgency.

Second, at least 70 percent of funds must be spent (over a period of up to 3 years) for activities that address the national objective of benefiting low - and moderate -income persons.

Community Development Block Grant (CDBG) – Funding and Limitations Fiscal Year 2022/2023 Estimated Allocation* Funding Allocation Planning and Administration Cap (20% of annual grant) $409,165.00 Public Services Cap (15% of annual grant) $306,873.75
Available for Other Activities (65% of annual grant) $1,329,786.25 TOTAL Estimated Allocation* $2,045,825.00
TOTAL Estimated Uncommitted Prior Year(s) CDBG Funds** $50,000.00 TOTAL Estimated Available for Funding $2,095,825.00
F.1
Packet Pg. 235

* Estimated CDBG allocation for Fiscal Year 2022/23 based on prior year funding ** The City may utilize prior-year uncommitted funds towards non-public service activities

Our independent consultant, Willdan Financial Services, conducted the application review process and the preliminary draft of the CDBG, HOME and ESG program summaries and funding recommendations are shown in Attachment 1.

ALTERNATIVES

The Council has the following alternatives:

1. Conduct a public hearing providing the public with an opportunity to comment on the proposed FY 2022/23 Annual Action Plan and provide an opportunity for City Council to make modifi cations to the project allocations. Staff recommends this alternative as it will allow the grant funds to be allocated and approved within HUDs requirements.

2. Do Not conduct a public hearing providing the public with an opportunity to comment on the propos ed FY 2022/23 Annual Action Plan, and NOT provide an opportunity for City Council to make modifications to the project allocations. Staff does not recommend this alternative as it will not allow the grant funds to be allocated and approved within HUDs requirements.

FISCAL IMPACT

Expenses for these programs are reimbursed by the Federal grants. The ESG program requires a 100% match that will be met by the City’s ESG subrecipients. Based on the recommended actions, there is no impact to the General Fund.

NOTIFICATION

Notice of this meeting was published in the Press -Enterprise, and La Prensa newspapers on Thursday, March 31, 2022, and Friday April 1, 2022, respectively.

Additional notification was available through the City’s website and directly e -mailed to those who applied for funding and are on our interest list.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Dena Heald Brian Mohan
Deputy Finance Director Assistant City Manager / Chief Financial Officer / City Treasurer

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES
F.1
Packet Pg. 236

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks ” on the left hand side of this document for the necessary attachment.

1. Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT

APPROVALS

Budget Officer Approval  Approved . 4/13/22 6:52 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 4/13/22 8:48 AM F.1
Packet Pg. 237

1 City of Moreno Valley

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)

EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG)

FISCAL YEAR 2022/2023

APPLICATION REVIEW
AND

FUNDING RECOMMENDATION

Public Hearing
April 19, 2022

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510

www.willdan.com/financial

DRAFT
F.1.a
Packet Pg. 238
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

TABLE OF CONTENTS

I. OVERVIEW .......................................................................................................... 2 THE FIVE-YEAR CONSOLIDATED PLAN ..................................................................... 2 THE CITIZEN PARTICIPATION PLAN ........................................................................... 2 THE ANNUAL ACTION PLAN ..................................................................................... 3 FY 2022/23 PROPOSED HOME, ESG AND CDBG OBJECTIVES AND POLICIES .......... 3 FY 2022/23 APPLICATION PROCESS AND REVIEW .................................................... 4 II. HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) - $669,754 .......... 5 GRANT PURPOSE .................................................................................................... 5 FUNDING ................................................................................................................ 5 APPLICATIONS ........................................................................................................ 5 RECOMMENDATIONS ............................................................................................... 5 III. EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) - $213,604 ................ 7 GRANT PURPOSE .................................................................................................... 7 FUNDING ................................................................................................................ 7 APPLICATIONS ........................................................................................................ 7 RECOMMENDATIONS ............................................................................................... 7 IV. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - $2,095,825 ............. 9 GRANT PURPOSE .................................................................................................... 9 FUNDING AND LIMITATIONS ...................................................................................... 9 CDBG PUBLIC SERVICE – LIMITED TO 15% ........................................................... 10 CDBG OTHER ACTIVITIES - 65% (REMAINING ALLOCATION) .................................. 13 V. FISCAL YEAR 2022/23 APPLICANTS PROGRAM DESCRIPTIONS .............. 15

DRAFT
F.1.a
Packet Pg. 239
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

2 I. OVERVIEW
Historically, the City of Moreno Valley (the “City”) has received federal funding on an annual basis from the Department of Housing and Urban Development (HUD) for two formula block grant programs: Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). Since Program Year 201 3/14, the City has become a direct recipient of Emergency Solutions Grants Program (ESG) funds.

Descriptions of each formula block program (HOME, ESG and CDBG) can be found in Sections II, III, and IV of this report.

The following subsections provide an overview of the Five -Year Consolidated Plan, The Citizen Participation Plan, The Annual Action Plan, Objectives and Policies, and the Fiscal Year (FY) 2022/23 Application Process and Review.

The Five-Year Consolidated Plan
Every five years, the City of Moreno Valley prepares a Five -Year Consolidated Plan (ConPlan), which describes community needs, resources, priorities, and proposed activities to be undertaken under certai n H UD programs, including, HOME , ESG and CDBG that benefit low and moderate-income households and neighborhoods.

The ConPlan for Fiscal Years 2018/19 through 2022/23, outlines the following goals and strategies:

• Substandard Housing Strategy

• Homelessness Strategy

• Public Facilities and Improvements Strategy

• Public Services Program Strategy

• Housing Discrimination Strategy

• Economic Development Strategy

• Planning and Administration Strategy

The Citizen Participation Plan
The City has developed a Citizen Participation Plan (CPP) as a part of the ConPlan that sets forth the policies and procedures to encourage citizen's participation in the HOME , ESG and CDBG Program planning and implementation processes. This CPP provides the method and process by which the City will encourage citizen participation in th e development of its ConPlan.

DRAFT
F.1.a
Packet Pg. 240
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

3 A copy of the City’s Citizen Participation Plan is available for inspection at the Financial & Management Services Department during normal business hours.

The Annual Action Plan
Each year in May , the City of Moreno Valley is required to submit an update to the ConPlan to HUD, referred to as an Annual Action Plan (AAP). The AAP outlines the specific steps that will be taken during the year to address both the community development and housing priorities of the ConPlan. The AAP identifies how the HOME, ESG and CDBG Program funds will be utilized to provide programs and projects that benefit low and moderate-income households and neighborhoods.

A copy of the City’s AAP for prior program years is available for inspection at the Financial & Management Services Department during normal business hours and is available on the City’s website at www.moval.org.

FY 2022/23 Proposed HOME, ESG and CDBG Objectives and Policies The City's Objectives for the HOME, ESG and CDBG programs are summarized below (listed alphabetically) and additional detail can be found in the application booklet:

• Capital Improvement Activities

• Economic Development Activities

• Health, Safety, and Public Welfare Activities

• Historic Preservation Activities

• Homeless/Homeless Prevention Activities

• Housing and Neighborhood Improvement Activities

• Public Service Activities

1. Basic Needs Related to Social Services Programs (such as but not limited to emergency food, shelter (homelessness), and utility assistance)

2. Community Public Safety Programs

3. Programs offering Low-Cost Transportation

4. Employment Services/Programs and Job (Skills) Training

5. Free/Low-Cost programs for School-Aged Youth

6. Fair Housing Activities

• Slum or Blight Activities

DRAFT
F.1.a
Packet Pg. 241
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

4 FY 2022/23 Application Process and Review
On December 16, 20 21, the City published Notice of Funding Availability (NOFA) for Fiscal Year 2022/23 Application for Funding for HOME, ESG and CDBG. According to the application guidelines, interested parties were informed to submit their completed applications by January 31, 2022, 5:00 pm. Programs and projects seeking funding from the City of Moreno Valley must address one or more of the Community Development Priorities set forth in the Five -Year Consolidated Plan, in addition to meeting all other conditions as summarized in the application booklet. A copy of the application booklet which provided additional information on the City's objec tives and policies was made available on the City’s website.

The City received eighteen (18) eligible applications requesting a total $3,631,929. This report does not include information from any applications that were incomplete, withdrawn and/or deemed ineligible.

As part of the application process in preparation of the One -Year Action Plan, the City has contracted Willdan Financial Services ("Willdan") to collaborate with City Staff and Officials, as the Technical Review Committee for the HOME, ESG and CDBG application proposals.

The Technical Review Committee’s preliminary recommendations will be presented at a Public Hearing scheduled on April 19, 2022. At this meeting, the City of Moreno Valley City Council will review and consider the proposed project selections. In line with the City’s policies and objectives and the Citizen’s Participation Plan, the final project selections will be made by the City Council via Public Hearing on May 3, 2022. The Annual Action Plan is scheduled to be submitted to HUD at least 45 days before the beginning of the program year.

The following subsequent sections of this report contain the current proposed project selections for FY 2022/23.

DRAFT
F.1.a
Packet Pg. 242
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

5 II. Home Investment Partnerships Program (HOME) - $669,754 Grant Purpose
The Home Investment Partnerships Program was established by the Title II of the Cranston-Gonzalez National Affordable Housing Act. The objecti ves of the HOME Program include:

• Expanding the supply of decent and affordable housing; primarily rental housing.

• Strengthening the ability of state and local government to provide adequate supplies of decent, affordable housing.

• Providing financial and technical assistance to participating jurisdictions, including the development of model programs for affordable low-income housing.

• Extending partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing.

Funding
Estimated Fiscal Year 2022/2023 Allocation HOME
Planning and Administration Cap (10% of annual grant) $66,975 Mandatory CHDO set-aside (15% of annual grant)

$100,464
Available for Other Activities $502,315
TOTAL Approved Allocation* $669,754
TOTAL Estimated Uncommitted Prior Year HOME Funds $0
TOTAL Estimated Available for Funding $669,754

* Estimated HOME allocation for Fiscal Year 2022/23
Applications
The City received one (1) HOME applications requesting a total of $415,000 in HOME funding, leaving uncommitted HOME funds of $87,315.

Recommendations
Applications were evaluated according to the required criteria.

DRAFT
F.1.a
Packet Pg. 243
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

6 City of Moreno Valley
Fiscal Year 2022/23
Application Review
HOME Investment Partnerships Program (HOME)

DRAFT
F.1.a
Packet Pg. 244
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 :

7 III. Emergency Solutions Grants Program (ESG) - $213,604 Grant Purpose
The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney -Vento Homeless Assistance Act, revising the Emergency Shelter Grants P rogram in significant ways and renaming it the E mergency Solutions Grants Program. The City has received ESG program grant funds for 8 years.

The decision to apply the American Community Survey (ACS) data to calculate HUD allocations made Moreno Valley eligible to receive ESG funds.

The ESG program is issued to assist, protect, and improve living conditions for the homeless. The program provides funding to:

• Engage homeless individuals and families living on the street,

• Improve the number and quality of emergency shelters for homeless individuals and families,

• Help operate these shelters and provide essential services to shelter residents,

• Rapidly re-house and provide essential services to shelter residents,

• Prevent families/individuals from becoming homeless and provide essential services to those at risk of homelessness.

Funding

Estimated Fiscal Year 2022/2023 Allocation ESG
Planning and Administration Cap (7.5% of annual grant) $13,020 Available for Other Activities $160,584
TOTAL Approved Allocation* $173,604
TOTAL Estimated Uncommitted Prior Year(s) ESG
Funds** $40,000
TOTAL Estimated Available for Funding $213,604

* Estimated ESG allocation for Fiscal Year 2022/23
** Estimate is based on prior year uncommitted funds
Applications
The City received two (2) ESG applications requesting a total of $210,584 in ESG funding, exceeding the estimated available for funding by $50,000.

Recommendations
Applications were evaluated according to the required criteria.

DRAFT
F.1.a
Packet Pg. 245
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

8 City of Moreno Valley
Fiscal Year 2022/23
Application Review
Emergency Solutions Grants Program (ESG)

DRAFT
F.1.a
Packet Pg. 246
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 :

9 IV. Community Development Block Grant (CDBG) - $2,095,825 Grant Purpose
The Community Development Block Grant (CDBG) Program is authorized by Title I of the Housing and Community Development Act of 1974, as amended. The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income.

The CDBG objective is to be achieved in two ways:

First, a grantee can only use funds to assist eligible activities that meet one of three national objectives of the program:

• Benefit low- and moderate-income persons,

• Aid in the prevention or elimination of slums and/or blight,

• Meet community development needs having a particular urgency.

Second, at least 70 percent of funds must be spent (over a period of up to 3 years ) for activities that address the national objective of benefiting low and moderate -income persons.

Funding and Limitations
Estimated Fiscal Year 2022/2023 Allocation CDBG
Planning and Administration Cap (20% of annual grant) $409,165 Public Services Cap (15% of annual grant) $306,873
Available for Other Activities (65% of annual grant) $1,329,787 TOTAL Approved Allocation * $2,045,825
TOTAL Estimated Uncommitted Prior Year(s) CDBG Funds** $50,000 TOTAL Estimated Available for Funding $2,095,825

* Estimated CDBG allocation for Fiscal Year 2022/23
** The City may utilize prior-year uncommitted funds towards non-public service activities.

DRAFT
F.1.a
Packet Pg. 247
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

10 CDBG Public Service – Limited to 15%
The City's Public Service priority ranking as approved by the Council is recapped below:

Priority 1: Basic Needs Related Social Services Programs (such as but not limited to emergency food and shelter (homelessness), abused children advocacy, and utility assistance)

Priority 2: Community Public Safety Programs

Priority 3: Programs offering Low-Cost Transportation

Priority 4: Employment Services/Programs and Job (Skills) Training

Priority 5: Free/Low-Cost programs for School-Aged Youth

Priority 6: Fair Housing Activities

According to the CDBG regulations, the amount of CDBG funds obligated within a program year to support public service activities may not exceed 15% of the annual program allocation. As a result, the City's Public Service projects for program year 2022/23 is limited to $306,873.

There was a total of eleven (11) public service applications received totaling $420,354 exceeding the estimated available for funding by $113,481.

DRAFT
F.1.a
Packet Pg. 248
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

11 City of Moreno Valley
Fiscal Year 2022/23
Application Review
Community Development Block Grant (CDBG)
Public Service

DRAFT
F.1.a
Packet Pg. 249
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 :

12 DRAFT
F.1.a
Packet Pg. 250
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 :

13 CDBG Other Activities - 65% (Remaining Allocation)
After taking into account the limitations for CDBG Administration and Public Service Activities, the remaining allocation available to fund other activities was $1,379,787, including $50,000.00 of uncommitted prior year CDBG funds . There was a total of four (4) applications received for other activities, totaling $2,585,992 The total requests exceeded the Fiscal Year 2022/23 estimated available for funding by over $1,206,205.

DRAFT
F.1.a
Packet Pg. 251
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,

14 City of Moreno Valley
Fiscal Year 2022/23
Application Review
Community Development Block Grant (CDBG)
Other‐65% Funding

DRAFT
F.1.a
Packet Pg. 252
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 :

15 V. Fiscal Year 2022/23 Applicants Program Descriptions Applicant’s Program Descriptio ns for each application, as submitted by the applicants, can be found in the subsequent pages.

DRAFT
F.1.a
Packet Pg. 253
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
HOME Investment Partnerships Program (HOME)
Applicant Program Description
16 Application Number: 1
Funding: HOME

Applicant: Habitat for Humanity Riverside (HFHR)
Program: Critical Home Repair (CHR)

FY 22/23 Recommended Funding: $415,000

Requested Funding Amount: $415,000
Total # Person/Unit Served: 80 Persons / 20 Units
MV # Person/Unit Served: 80 Persons / 20 Units
Funding per Person/Unit Served: $5,187.50 per person / $20,750 per unit

Program Description:

The Critical Home Repair program (CHR) is a one -time home preservation service that offers interior and exterior repairs designed to assist homeowners living in a single family home or mobile home secured to the permanent foundation as their primary residence within the City limit of Moreno Valley. The interior repairs consist of electrical, plumbing, flooring, wall repairs, kitchen repairs, termite work, air conditioning, insulation, bath repairs, heating and furnaces, ceiling repairs, etc. The exterior maintenance includes replacement or repairs of roofing, house trims, siding, awnings, steps, entrance, door, windows, porch deck, handicap access ramps, weatherization, tree removal, and any other maintenance to ensure health, safety and code enforcement compliance. The program will assist twenty (20) households in the low to moderate income range (no more than 80% of the annual median income) for the needed repairs .

DRAFT
F.1.a
Packet Pg. 254
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Emergency Solutions Grants Program (ESG)
Applicant Program Description
17 Application Number: 2
Funding: ESG

Applicant: Lutheran Social Services of Southern California (LSSSC) Program: Homelessness Prevention

FY 22/23 Recommended Funding: $50,000

Requested Funding Amount: $50,000
Total # Person Served: 15
MV # Person Served: 15
Funding per MV Person Served: $3,333.33

ESG Component Budget Individuals
to be Served
Street Outreach
Rapid Rehousing
Homelessness Prevention $50,000 15
Emergency Shelter
Total $50,000 15

Program Description:

LSSSC will provide 15 low-and moderate-income Moreno Valley households at eminent risk of losing their housing, with short-term financial assistance to cover their rent/mortgage (at fair market rate) and utilities (including arrears). Through this effort, LSSSC will quickly assess vulnerable households for eligibility and critical needs. Qualified households must demonstrate low -income status and risk of becoming homeless due to their inability to pay rent/mortgage. LSSSC will then quickly assist qualified households with short- term financial assistance to pay rent/mortgage.

The efforts will quickly stabilize these households. LSSSC will off er basic level of case management and supportive services with a tailored action plan to ensure that these households maintain self -sufficiency after services are completed. Some supportive services will include landlord -client mediation to prevent evictions, linkage to resources, life skills training, and financial education. Our partners will include the Coordinated Entry System; City of Moreno Valley; local churches, volunteers, and landlords.

DRAFT
F.1.a
Packet Pg. 255
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Emergency Solutions Grants Program (ESG)
Applicant Program Description
18 Application Number: 3
Funding: ESG

Applicant: The Salvation Army
Program: Street Outreach

FY 22/23 Recommended Funding: $0

Requested Funding Amount: $160,584
Total # Person Served: 50
MV # Person Served: 50
Funding per MV Person Served: $3,211.68

ESG Component Budget Individuals
to be Served
Street Outreach $160,584 50
Rapid Rehousing
Homelessness Prevention
Emergency Shelter
HMIS
Total $160,584 50

Program Description:

The project involves weekly outreach , performed by a full -time Outreac h Coordinator , to unsheltered homeless persons on the streets and in local homeless encampments, with the objective of building relationships with those individuals and providing connections to available resources. Engageme nt will include the offering/provision of essential items, including food and hygiene kits. Case management will be provided by a part-time Case Manager, who will develop individualized service plans for homeless clients, with the goal of self-sufficiency. Clients will be connected to resources necessary for employment, housing, and other services in partnership with other local providers. Transportation assistance will also be provided.

The program will be supervised by The Salvation Army's Riverside/Moreno Valley Social Services Director.

DRAFT
F.1.a
Packet Pg. 256
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
19 Application Number: 4
Funding: CDBG

Applicant: Family Service Association (FSA)
Program: Senior Nutrition Program

Funding Type: Public Service (Senior Services)
City Objective: Public Service
Public Service Priority: (1) Basic Needs (Case Management for Food Program)

FY 22/23 Recommended Funding: $20,000

Requested Funding Amount: $20,000
Total # Person Served: 430
MV # Person Served: 430
Funding per MV Person Served: $46.51

Program Description:

FSA’s Senior Nutrition Program provides seniors with one nutritionally balanced meal Monday- Friday. The meals are provided to seniors 62 years of age and older in a group setting at the City of Moreno Valley Senior Center. Meals are also provided through an in-home delivery service to seniors who are unable to the center because of illness, disability, or lack of transportation.

DRAFT
F.1.a
Packet Pg. 257
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
20 Application Number: 5
Funding: CDBG

Applicant: Operation Safe House, Inc.

Program: Emergency Shelter for Runaway Youth

Funding Type: Public Service (Homelessness Services)
City Objective: Public Service
Public Service Priority: (1) Basic Needs (Homelessness Services)

FY 22/23 Recommended Funding: $15,000

Requested Funding Amount: $15,000
Total # Person Served: 20
MV # Person Served: 20
Funding per MV Person Served: $750.00

Program Description:

Operation SafeHouse was established by two Moreno Valley educators who found there was nowhere for runaway, homeless or other youth in crisis to go. Since 1990, Operation SafeHouse has provided these essential services in Riverside County for youth under the age of 18. Since 2000, collaboration with the City of Moreno Valley allows the use of the City of Moreno Valley Police Department to transport youth to the shelter, provide onsite school programs that serve 1,300 Moreno Valley Middle and High school students annually. Additionally, Operation SafeHouse is a member of the Citywide Coalition. CDBG funds will be used to provide direct services to a minimum of 2 0 City of Moreno Valley youth who enter our emergency shelter. About 95% of these Moreno Valley youth will exit into a safe and stable environment.

DRAFT
F.1.a
Packet Pg. 258
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
21 Application Number: 6
Funding: CDBG
Applicant: The Hole In Wall, Inc.

Program: Homeless Services Expansion
Funding Type: Public Service (Homelessness Services)
City Objective: Public Service
Public Service Priority: Basic Needs
FY 22/23 Recommended Funding: $0
Requested Funding Amount: $25,000
Total # Person Served: 300
MV # Person Served: 300
Funding per MV Person Served: $83.33
Program Description:

The Hole in Wall Inc. (THIW) seeks to expand its existing facilities in order to:
• Ensure sustainability and growth by working with experienced consultants, who have donated much of their time, to make sure we use best practices and secure more funding. • Expand services and meeting times to address the growing needs among the homeless community by at least 35%.

THIW’s ongoing impact for the entire community is that clients are not becoming negative and disproportionate outcomes. Its program reduces the number of ethnic minorities who are homeless, victims of crime, mentally ill, addicted, and unable to access service.

THIW is serving a diverse homeless population that identify with multiple minority demographics, such as, veteran, bipoc, immigrant, and substance use. The individuals THIW is honored to help are:
• the youngest was only 18 and the oldest was 70
• 42% are African American
• 21% Hispanic
• 33% have a disability
• The majority have been a victim of violent crime
• 100% are extremely poor, most are magnitudes of degrees below the U.S. poverty line Last year THIW observed an increase in the homeless population and a dramatic increased need for services. This funding will help THIW accommodate 35% more homeless individuals with resourc es and address the disproportionately high number of minority homeless in our community. THIW provided 2,300 services and averaged 50 unduplicated clients monthly – expansion will be serving 80 clients monthly and nearly 4,000 services.

DRAFT
F.1.a
Packet Pg. 259
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
22 Application Number: 7
Funding: CDBG

Applicant: The Salvation Army
Program: Neighborhood Clean Up / Homeless 2 Work Program

Funding Type: Housing and Neighborhood Improvement Activities City Objective: Public Service
Public Service Priority: Basic Needs

FY 22/23 Recommended Funding: $0

Requested Funding Amount: $22,357
Total # Person Served: 35,000
MV # Person Served: 35,000
Funding per MV Person Served: $0.64

Program Description:

The goal of this program is to provde trash clean up services only in the Low/Mod census tract areas of the City. This will be accomplished by hiring homeless individuals to conduct cleanup. The Salvation Army will provide transportation and supervision to the employees it hires to perform t he cleanup. A minimum of 90 days of cleanup will occur throughout the year.

DRAFT
F.1.a
Packet Pg. 260
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
23 Application Number: 8
Funding: CDBG

Applicant: Moreno Valley Police Department
Program: Community Betterment Through CDBG Funding and Problem Oriented Policing

Funding Type: Public Service (Crime Awareness/Prevention) City Objective: Public Service
Public Service Priority: (2) Community Public Safety Programs

FY 22/23 Recommended Funding: $58,699

Requested Funding Amount: $83,370
Total # Person Served: 10,000
MV # Person Served: 10,000
Funding per MV Person Served: $8.34

Program Description:

The CDBG grant funds will be used to provide added enforcement support through overtime hours worked in the CDBG target area. The overall purpose is to reduce crime within the areas, remove blighted conditions, and improve quality of life for the community. The officers will acquaint themselves with the apartment managers and residents and will work closely with them to forge improved relations and reduce crime. Furthermore, funding will used for overtime to provide training for the Citizens Patrol and Volunteer/Explorer Programs.

DRAFT
F.1.a
Packet Pg. 261
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
24 Application Number: 9
Requested Funding: CDBG

Applicant: Riverside Area Rape Crisis Center
Program: Safe Communities Project

Funding Type: Public Service (Crime Awareness/Prevention) City Objective: Public Service
Public Service Priority: (2) Community Public Safety Programs

FY 22/23 Recommended Funding: $15,000

Requested Funding Amount: $15,000
Total # Person Served: 23,725
MV # Person Served: 23,725
Funding per MV Person Served: $0.63

Program Description:

Riveride Area Rape Crises Center ( RARCC) Safe Communities Project is a community outreach program to promote health and wellness within families and eliminate the prevalence of gender -based violence in low-to-moderate income communities. Program delivery will be accomplished through community -based workshops and presentations at Moreno Valley partner sites and an adapted hybrid format RARCC designed due to the pandemic. It will remain permanently to expand its reach to those who face barriers to accessing services. The proposed program has been e xpanded from an in -school model to community - based and virtual to serve youth, parents, and community members. Program objectives have additionally been expanded to include gender -based violence prevention, family resiliency, and the ending of generational cycles of trauma.

DRAFT
F.1.a
Packet Pg. 262
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
25 Application Number: 10
Requested Funding: CDBG

Applicant: Friends of Moreno Valley Senior Center, Inc.

Program: MoVan Senior Transportation Program

Funding Type: Public Service (Senior Services)
City Objective: Public Service
Public Service Priority: (3) Low-Cost Transportation

FY 22/23 Recommended Funding: $70,000

Requested Funding Amount: $70,000
Total # Person Served: 146
MV # Person Served: 146
Funding per MV Person Served: $479.45

Program Description:

MoVan is a transportation van for twelve passengers plus 2 wheelchairs, provided Monday through Friday, 8:15 a.m-4:45 p.m. The MoVan is a safe, convenient form of transit service specially designed to meet mobility needs of Moreno Valley seniors 60 years or older and disabled adult residents. MoVan transports curb-to-curb to our Senior Community Center as well as to medica l/dental/optical appointments, grocery shopping, food distribution pickups and professional service appointments. MoVan provides this at a low cost of $1.00 for one-way trips, $2.50 outside the city limits, all within a 20 -mile radius. No one is turned away due to inability to pay.

The requested funds are used to pay the third -party transit co mpany who is responsible for securing the drivers, dispatch service, fuel, maintenance, permit fees and insurance at an all -inclusive rate of $80.56/hour. This rate increased by 4.50% due to today’s rising costs.

DRAFT
F.1.a
Packet Pg. 263
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
26 Application Number: 11
Funding: CDBG

Applicant: Assistance League of Riverside
Program: Operation School Bell Program

Funding Type: Public Service (Youth Services)
City Objective: Public Service
Public Service Priority: (5) Free/Low-Cost programs for School-Aged Youth

FY 22/23 Recommended Funding: $30,000

Requested Funding Amount: $30,000
Total # Person Served: 1,650
MV # Person Served: 330
Funding per MV Person Served: $90.91

Program Description:

Operating since 1967, Operation School Bell is a program provided to elementary, middle, and high school students with a goal of assisting them in removing barriers to learning. The program provides new school clothes and dental kits to homeless and economically disadvantaged children. Through collaboration with eight school districts, we get referrals for students who need our program. Approximately one-fifth of these students (about 330) come from Moreno Valley. Referred students are assigned a specific date and time to come to a local JCPenney store (one of which is in Moreno Valley). The students are met by Assistance League of Riverside volunteers who guide them regarding what type of purchases they may make (clothes and/or shoes they can wear to school). After the students select their purchases, an Assistance League of Riverside volunteer pays for up to $150 worth of school clothing.

DRAFT
F.1.a
Packet Pg. 264
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description
27 Application Number: 12
Funding: CDBG

Applicant: Rising Stars Business Academy
Program: Youth Job Training & Career Development

Funding Type: Public Service (Youth Services)
City Objective: Public Service
Public Service Priority: (5) Free/Low-Cost programs for School-Aged Youth

FY 22/23 Recommended Funding: $0

Requested Funding Amount: $41,452
Total # Person Served: 45
MV # Person Served: 45
Funding per MV Person Served: $921.16

Program Description:

The project will develop new partnerships with local businesses that will commit to hiring students who will be readily equipped to work. The new partnerships will include jobs in IT pathways, customer service jobs, administrative work and logistics. In ad dition, the project will serve up to 45 youth throughout the year, approximately serving up to 15 in each trimester. The youth will receive certifications in the following areas; Food Handlers Permit, CPR/First Aid certification, and other certifications offered through a partnership with ResCare. The 45 youth will complete a 12-week course, then will be placed into a 40-hour internship where they will apply their skills to hands on work.

DRAFT
F.1.a
Packet Pg. 265
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2021/22
Community Development Block Grant (CDBG)
Applicant Program Description

28 Application Number: 13
Requested Funding: CDBG

Applicant: Voices for Children
Program: Court Appointed Special Advocate (CASA) Program

Funding Type: Public Service (Services for Abused and Neglected Children) City Objective: Public Service
Public Service Priority: (5) Free/Low-Cost programs for School-Aged Youth

FY 22/23 Recommended Funding: $30,000

Requested Funding Amount: $30,000
Total # Person Served: 15
MV # Person Served: 15
Funding per MV Person Served: $2,000.00

Program Description:

Voices for Children’s Court Appointed Special Advocate (CASA) program will address the needs of abused and neglected City of Moreno Valley youth in foster care by providing them with the comprehensive, individualized advocacy of a CASA volun teer in court and throughout the community. The organizational cost of providing one year of CASA advocacy to a youth in Riverside County is $2,000. A $30,000 grant from the City of Moreno Valley CDBG program will enable Voices for Children (VFC) to provid e CASA volunteers to fifteen (15) youth from the City of Moreno Valley during fiscal year (FY) 2022-23. On average, CASAs provide youth with 10-15 hours of direct advocacy services per month. This grant would partially fund salaries for the VFC staff Advocacy Supervisors who will manage the CASA volunteers and the cases of grant-funded City of Moreno Valley youth in foster care.

DRAFT
F.1.a
Packet Pg. 266
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description

29 Application Number: 14
Funding: CDBG

Applicant: Fair Housing Council of Riverside County, Inc Program: Fair Housing Discrimination and Landlord-Tenant Services

Funding Type: Public Service (Fair Housing Activities) City Objective: Public Service
Public Service Priority: (6) Fair Housing

FY 22/23 Recommended Funding: $68,175

Requested Funding Amount: $68,175
Total # Person Served: 13,100
MV # Person Served: 4,050
Funding per MV Person Served: $16.83

Program Description:

The Fair Housing Council of Riverside County, Inc. (FHCRC) proposes to offer a full menu of fair housing services which affirmatively address and promote fair housing rights and obligations as defined and articulated under the Federal Fair Housing Act and the California State Law Enactments under the Rumford and Unruh Civil Rights Acts.

FHCRC's Mission is to provide comprehensive services which affirmatively address and promote fair housing (anti-discrimination) rights and further other housing opportunities for all persons without regard to race, color, age, national origin, religion, sex, familial status (presence of children), disability, ancestry, marital status, or other arbitrary factors.

The Mission is accomplished through three component areas under both Anti Discriminati on and Landlord/Tenant services. These three components are education, training and technical assistance and enforcement.

DRAFT
F.1.a
Packet Pg. 267
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description

30 Application Number: 15
Funding: CDBG

Applicant: GRID Alternatives Inland Empire
Program: City of Moreno Valley Low-Income Solar Energy Assistance Program

Funding Type: Rehabilitation: Single Unit Residential
City Objective: Housing and Neighborhood Improvement Activities Public Service Priority: N/A

FY 22/23 Recommended Funding: $100,000

Requested Funding Amount: $100,000
Total # Person/Unit Served: 40 Persons / 10 Units
MV # Person/Unit Served: 40 Persons / 10 Units
Funding per MV Person/Unit Served: $2,500.00 per person / $10,000 per Unit

Program Description:

GRID Alternatives Inland Empire will install solar electric systems in Moreno Valley for 10 low -income homeowners earning no more than 80% of AMI. Of the awarded funds, $50,000 will provide roof repair to make homes “solar ready”. These installations will be fa cilitated using GRID’s job trainee and volunteer participants. Each solar installation generates “triple bottom line” results: long -term financial benefits for low‐income families; hands ‐on experience for trainees in the rapidly expanding field of solar in stallation; and environmental benefits by eliminating greenhouse gas emissions.

DRAFT
F.1.a
Packet Pg. 268
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description

31 Application Number: 16
Funding: CDBG

Applicant: City of Moreno Valley - Capital Projects Division Program: Pavement Rehab for Various Local Streets (CDBG FY 22-23)

Funding Type: Public Facilities and Improvements
City Objective: Capital Improvements
Public Service Priority: N/A

FY 22/23 Recommended Funding: $1,279,786

Requested Funding Amount: $ 1,730,000
Total # Person Served: 9,200
MV # Person Served: 9,200
Funding per MV Person Served: $188.04

Program Description:

This project will provide pavement rehabilitation for approximately 90 local streets within the City's HUD- CDBG target areas. Pavement rehabilitation consists of the remov al of 1.5 -inch thick of existing asphalt concrete pavement surface and construction of new asphalt concrete pavement surface of same thickness for streets that are severely distressed. Rehabilitation also includes localized pavement repairs, crack sealing, and application of slurry seal for streets that are less distressed. The project is to improve roadway infrastructure and extend the service life of street pavement while enhancing safety and aesthetic appearance of various communities within HUD CDBG target areas.

DRAFT
F.1.a
Packet Pg. 269
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description

32 Application Number: 17
Funding: CDBG

Applicant: Mary Erickson Community Housing
Program: Victory Home Sober Live-In Housing

Funding Type: Health, Safety, and Public Welfare
City Objective: Health, Safety, and Public Welfare
Public Service Priority: N/A

FY 22/23 Recommended Funding: $0

Requested Funding Amount: $726,500
Total # Person Served: 26
MV # Person Served: 19
Funding per MV Person Served: $38,236.84

Program Description:

Mary Erickson Community Housing (MECH) a non -profit affordable hou sing developer active in Moreno Valley, seeks to address the City's the urgent need for substance abuse recovery housing to help reduce homelessness. Victory Outreach Moreno Valley (VOMV), a faith-based organization, successfully operates an innovative housing and recovery model called Sober Live -In Housing in a more home-like single family residence with 24 -hour supervision (no clinical services) for men. MECH proposes to acquire a 5 –6- bedroom single family home, rehabilitate with energy efficiency and disaster resiliency, and add in as many extra bedrooms and Accessory Dwelling Units (ADU) as allowable. The Victory Home would be turn-keyed over to VOMV for ownership and operations consistent with the Ci ty’s CDBG program. A six -bedroom home with one ADU could house 26 residents including two program directors in the ADU. In 12 months, the program could reintroduce 24 men ready to be productive members of society.

DRAFT
F.1.a
Packet Pg. 270
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG, City of Moreno Valley
Fiscal Year 2022/23
Community Development Block Grant (CDBG)
Applicant Program Description

33 Application Number: 18
Requested Funding: CDBG

Applicant: Kingdom Way Center, Inc.

Program: Community Assistance Programs with Mental Health

Funding Type: Health, Safety, and Public Welfare
City Objective: Health, Safety, and Public Welfare
Public Service Priority: N/A

FY 22/23 Recommended Funding: $0

Requested Funding Amount: $29,491
Total # Person Served: 32
MV # Person Served: 32
Funding per MV Person Served: $ 921.59

Program Description:

Kingdom Way Center, Inc. ( KWCI) partners with National Core Hope through housing program in the Moreno Valley community. KWCI works with management to supply 8 families with surprise birthday parties for children ages 6-12 years old, along with their families and friends to celebrate the coming of age of the children that would otherwise not be able to celebrate because of the other major priorities and responsibilities of the parent(s).

DRAFT
F.1.a
Packet Pg. 271
Attachment: Moreno Valley Grant Funding Recommendation Booklet 2022-23-DRAFT [Revision 1] (5756 : PUBLIC HEARING TO REVIEW CDBG,