Moreno Valley City Council
May 3, 2022

AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

May 3, 2022

REGULAR MEETING – 6:00 PM
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City Council Study Sessions
Second Tuesday of each month – 6:00 p.m.

City Council Meetings
Special Presentations – 5:30 P.M.

First & Third Tuesday of each month – 6:00 p.m.

City Council Closed Sessions
Will be scheduled as needed at 4:30 p.m.

City Hall Council Chamber – 14177 Frederick Street

Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabilities Act of 1990. Any person with a disability who re quires a modification or accommodation in order to participate in a meeting should direct such request to the ADA Coordinator, at 951.413.3 350 at least 72 hours before the meeting. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Dr. Yxstian A. Gutierrez, Mayor

Ulises Cabrera, Council Member David Marquez, Council Member

Edward A. Delgado, Council Member
.
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.AGENDA

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

AND THE BOARD OF LIBRARY TRUSTEES

*THE CITY COUNCIL RECEIVES A SEPARATE STIPEND FOR CSD
MEETINGS*

REGULAR MEETING – 6:00 PM
MAY 3, 2022

CALL TO ORDER

Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority and the Board of Library Trustees - actions taken at the Joint Meeting are those of the Agency indicated on each Agenda item.

PLEDGE OF ALLEGIANCE

ROLL CALL

INTRODUCTIONS

PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER

THE JURISDICTION OF THE CITY COUNCIL

SPECIAL ORDER OF BUSINESS

1. RESOLUTION RECITING THE FACT OF THE CITY OF MORENO VALLEY SPECIAL VACANCY ELECTION HELD ON APRIL 12, 2022, DECLARING

THE OFFICIAL RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW (Report of: City Clerk)
Recommendation: That the City Council:

1. Adopt a Resolution of the City Council of the City of Moreno Valley, California, reciting the fact of the City of Moreno Valley Special Vacancy Election held on April 12, 20 22, declaring the results and such other matters as provided by law.

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered -3-
to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Communit y Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a sepa rate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.

A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. MINUTES - CITY COUNCIL - REGULAR MEETING - APR 5, 2022 6:00 PM Recommendation: Approve as submitted.

A.3. MINUTES - CITY COUNCIL - CLOSED SESSION - APR 5, 2022 5:00 PM Recommendation: Approve as submitted.

A.4. MINUTES - CITY COUNCIL - REGULAR MEETING - APR 19, 2022 6:00 PM Recommendation: Approve as submitted.

A.5. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PAR CELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021 -01 (PARKS
MAINTENANCE) - (RESO. NOS. CSD 2022- __ and CSD 2022- __) (Report of: Financial & Management Services)
Recommendation:

1. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Val ley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No.12) (Daniel Tellez Delucio , located at 27861 Spring Grove St.).

2. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory t o City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 14) (HF Logistics -SKX T2 , LLC , located at the north east corner of Redlands Blvd. and
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Eucalyptus Ave.).

A.6. ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR THE FISCAL YEAR 2022/23 SENATE BILL 1 FUNDING FOR CITYWIDE
PAVEMENT REHABILITATION AND PRESERVATION (RESO. NO. 2022 - XX) (Report of: Public Works)
Recommendations:

1. Adopt Resolution No. 2022 -XX – To establish a Citywide Pavement Rehabilitation and Preservation project list for submission to the California Transportation Commission for Fiscal Year 2022/23 Senate Bill (SB) 1 funding; and

2. Authorize the Public Works Director/City Engineer to make any m inor adjustments to the limits of work and minor modifications to the project list, as necessary.

A.7. AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S CONTRACT #PSA-0004078 WITH SC COMMERCIAL, LLC DBA SC FUELS

FOR GASOLINE AND DIESEL FUEL DELIVE RY FOR CITY VEHICLES & EQUIPMENT (Report of: Public Works)
Recommendations:

1. Approve the use (piggyback) of the County of Riverside ’s Agreement with SC Commercial, LLC dba SC Fuels through June 30, 20 27, for purposes of the negotiated fuel price only; all other terms remain per the City’s agreement with the company.

2. Approve a five-year fuel agreement with SC Commercial, LLC, dba SC Fuels for a total not-to-exceed amount of $2,500,000.

3. Authorize the issuance of annual purchase orders for SC Commercial, LLC dba SC Fuels each fiscal year of the Agreement term subject to funds available in the City Council approved Operating Budget; and

4. Authorize the Director of Public Works/City Engineer to execute any amendments, purchase orders and/ or change orders, contingent upon approved budget and approval of the City Attorney.

A.8. AUTHORIZATION TO AWARD AGREEMENTS TO CASC ENGINEERING AND CONSULTING, INC. AND CWE FOR CONSULTANT PLAN CHECK

SERVICES OF PRELIMINARY AND FINAL WATER QUALITY
MANAGEMENT PLANS FUNDED B Y DEVELOPMENT FEES (Report of:

Public Works)
Recommendations:

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1. Approve each Agreement for Project Related Services with CASC Engineering and Consulting, Inc. (CASC), and CWE, to provide on -call engineering plan check consultant services of Preliminary and Final Water Quality Management Plans (P -WQMP and F -WQMP) for the Land Development Division.

2. Authorize the City Manager to execute each Agreement for Project Related Services with CASC and CWE, subject to the approval of the City Attorney.

3. Authorize the issuance of a Purchase Order to CASC and CWE in the amount of $50,000 each, and authorize the Chief Financial Officer to approve subsequent related purchase orders for annual extensions up to a maximum of four annual extensions with CASC and CWE not to exceed $50,000 annually, in accordance with the approved terms of the Agreement.

4. Authorize the Chief Financial Officer to make any necessary budget adjustment appropriations related to expenditures and offsetting revenues.

5. Authorize the Public Works Direct or/City Engineer to execute any subsequent extensions and/or amendments to the Agreement, subject to the approval of the City Attorney.

A.9. APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA
TICKET, INC. FOR ADMINISTRATIVE AND PARKING CITATION

PROCESSING SERVICES WHICH ARE FUNDED THROUGH COST
RECOVERY FROM CITATION REVENUES (Report of: Community Development)
Recommendations:

1. Approve the five -year agreements with Data Ticket, Inc., for administrative and parking citation processing services in amounts not- to-exceed $565,000 and $675,000, respectively, and authorize the City Manager, or his designee, to execute the agreements and any subsequent amendments, subject to the approval of the City Attorney, in accordance with approved terms of the agreements.

2. Authorize the Purchasing Division Manager, or her designee, to approve Purchase Orders to Data Ticket, Inc., in accordance with the approved terms of the Agreement. Contract costs are offset through cost recovery from administrative citations and parking citations.

3. Authorize the Chief Financial Officer, or his designee, to make any necessary budget adjustments as set forth in the Fiscal Impact section of this report.

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B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - REGULAR MEETING OF APRIL 5, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.

B.3. MINUTES - CLOSED MEETING OF APRIL 5, 2022 6:00 PM (See A.3) Recommendation: Approve as submitted.

B.4. MINUTES - REGULAR MEETING OF APRIL 19, 2022 6:00 PM (See A.4) Recommendation: Approve as submitted.

B.5. APPROVE AFTER SCHOOL E DUCATION AND SAFETY (ASES) GRANT AWARD INCREASE FOR GRANT YEAR 2021/22 AND EXECUTE SECOND AMENDMENT TO THE AGREEMENT WITH THINK TOGETHER, INC. FOR OPERATION OF THE CITY'S FY 21/22 ASES PROGRAM (Report of: Parks & Community Services)
Recommendations: That the City Council and CSD:

1. Authorize the Executive Director to execute the Second Amendment to the Agreement with Think Together, Inc. to utilize additional per -student funding authorized in the California State Budget for Grant Year 2021/22 for the After School Education and Safety (ASES) program.

2. Authorize budget adjustments as set forth in the Fiscal Impact section of this report.

3. Authorize the Executive Director to execute any subsequent related Extensions or Amendments to the Agreement, subject to the approval of the City Attorney.

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - REGULAR MEETING OF APRIL 5, 2022 6:00 PM (See A.2) -7-
Recommendation: Approve as submitted.

C.3. MINUTES - CLOSED MEETING OF APRIL 5, 2022 6:00 PM (See A.3) Recommendation: Approve as submitted.

C.4. MINUTES - REGULAR MEETING OF APRIL 19, 2022 6:00 PM (See A.4) Recommendation: Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAI VER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - REGULAR MEETING OF APRIL 5, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.

D.3. MINUTES - CLOSED MEETING OF APRIL 5, 2022 6:00 PM (See A.3) Recommendation: Approve as submitted.

D.4. MINUTES - REGULAR MEETING OF APRIL 19, 2022 6:00 PM (See A.4) Recommendation: Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - REGULAR MEETING OF APRIL 5, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.

E.3. MINUTES - CLOSED MEETING OF APRIL 5, 2022 6:00 PM (See A.3) Recommendation: Approve as submitted.

E.4. MINUTES - REGULAR MEETING OF APRIL 19, 2022 6:00 PM (See A.4) Recommendation: Approve as submitted.

F. PUBLIC HEARINGS
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Questions or comments fr om the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.

F.1. PUBLIC HEARIN G TO APPROVE ANNUAL ACTION PLAN -HUD GRANTS (Report of: Financial & Management Services)
Recommendations: That the City Council:

1. Conclude the Public Hearing for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grants Program (ESG) programs
included in the Fiscal Year (FY) 2022/23 Annual Action Plan.

2. Authorize the City Manager to make minor modifications to the attached draft FY 2022/23 Annual Action Plan based on public comment or Council amendments, if any.

3. Approve the FY 2022/23 Annual Action Plan as an application to the U.S. Department of Housing and Urban Development (HUD) for funding under the federal CDBG, HOME, and ESG programs.

4. Adopt the FY 2022/23 Annual Action Plan.

5. Authorize the City Manager to approve any reprograming of allocations between funded programs within the Adopted FY 2022/23 Annual Action Plan in compliance with our Citizen Participation Plan, if necessary.

G. GENERAL BUSINESS
H. ITEMS REMOVED FROM CONSENT CALENDA RS FOR DISCUSSION OR

SEPARATE ACTION
I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action) March Joint Powers Commission (JPC)
Riverside County Habitat Conservation Agency (RCHCA)
Riverside County Transportation Commission (RCTC)
Riverside Transit Agency (RTA)
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Western Riverside Council of Governments (WRCOG)
Western Riverside County Regional Conservation Authority (RCA) School District/City Joint Task Force
I.2. CITY MANAGER'S REPORT
(Informational Oral Presentation - not for Council action)

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

ADJOURNMENT

PUBLIC INSPECTION
The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
..

CERTIFICATION
I, Paul D. Bradvica , Deputy City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regular Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public places pursuant to City of Moreno Valley Resolution No. 2007-40:

City Hall, City of Moreno Valley
14177 Frederick Street
Moreno Valley Library
25480 Alessandro Boulevard
Moreno Valley Senior/Community Center
25075 Fir Avenue
Paul D. Bradvica
Deputy City Clerk
Date Posted: April 28, 2022
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Report to City Council

ID#5805 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: May 3, 2022

TITLE: RESOLUTION RECITING THE FACT OF THE CITY OF

MORENO VALLEY SPECIAL VACANCY ELECTION HELD
ON APRIL 12, 2022, DECLARING THE OFFICIAL

RESULTS AND SUCH OT HER MATTERS AS PROVIDED
BY LAW

RECOMMENDED ACTION
Recommendation: That the City Council:

1. Adopt a Resolution of the City Council of the City of Moreno Valley, California, reciting the fact of the City of Moreno Valley Special Vacancy Election held on April 12, 2022, declaring the results and such other matters as provided by law.

SUMMARY

Pursuant to Sections 10262 and 10263 of the California Elections Code, the elections official shall certify the results to the governing body and the governing body sh all adopt a resolution reciting the fact of the election, declaring the official results and such other matters as provided by law, no later than the next regularly scheduled City Council meeting following presentation of the canvass, or at a special meeti ng called for that purpose. The official canvass of the election was received on Thursday, April 28, 2022.

Adoption of the proposed resolution will comply with these requirements.

DISCUSSION

On Tuesday, April 12, 2022, the City of Moreno Valley conduct ed a Special Vacancy Election for the purpose of electing a Council Member in Districts 1. The Riverside County Registrar of Voters has completed the canvass of the election as provided in Chapter 4 of the California Elections Code, which is attached hereto as Exhibit A.

NOTIFICATION
1 Packet Pg. 11

Publication of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Brian Mohan Brian Mohan
Acting City Clerk Acting City Clerk

CITY COUNCIL GOALS
None

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. Resolution Canvass of Election

2. RESOLUTION Special Municipal Election.doc

APPROVALS

Budget Officer Approval ✓ Approved . 4/28/22 5:07 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/28/22 5:12 PM 1 Packet Pg. 12
RESOLUTION NO. 2022-

A RESOLUTION

OF THE CITY COUNCIL OF THE CITY

OF MORENO VALLEY, CALIFORNIA, RECITING THE FACT

OF THE MORENO VALLEY CITY COUNCIL SPECIAL
VACANCY ELECTION HELD ON APRIL 12, 202 2,

DECLARING THE

RESULTS AND SUCH OTHER

MATTERS AS PROVIDED BY LAW
WHEREAS, a Special Vacancy Election was held and conducted in the City of Moreno Valley, California, on Tuesday, April 12, 2022 as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed, and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit “A”;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the County of Riverside Registrar of Voters Office has counted the total number of votes (ballots) cast in April 12, 2022 Special Vacancy Election for the City of Moreno Valley and has provided the vote totals for each office by candidate name.

SECTION 2. That the names of persons and the office for which they were voted for at the election are as follows:

Votes
611
527
416
For Member of the City Council District 1 (Remaining Term) Elena Baca-Santa Cruz
Gerardo Mercado
Rene R. Ramos

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Packet Pg. 13
Attachment: Resolution Canvass of Election [Revision 1] (5805 : RESOLUTION RECITING THE FACT OF THE CITY OF MORENO VALLEY SECTION 3. That the number of votes given at each precinct and the number of votes given
in the City to each of the persons above named for the respective offices for which the persons were candidates as listed in Exhibit “A” attached.

SECTION 4. The City Council does declare and determine that Elena Baca-Santa Cruz was elected as a Member of the City Council for District 1 for a remaining term.

SECTION

5. That the City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) the whole number of votes (ballots) cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person; (6) the total number of votes given to each person.

SECTION 6. That the City Clerk shall immediately make and deliver the person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. The person so elected shall then be inducted into the office to which they have been elected.

SECTION 7. That the
City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 3rd day of May, 2022.

APPROVED AS TO FORM:
____________________________
Steve Quintanilla
Interim City Attorney
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST:
____________________________
Brian Mohan
Acting City Clerk

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Packet Pg. 14
Attachment: Resolution Canvass of Election [Revision 1] (5805 : RESOLUTION RECITING THE FACT OF THE CITY OF MORENO VALLEY

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Brian Mohan , Acting City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-xx was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 3rd day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________

CITY CLERK
(SEAL)

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Packet Pg. 15
Attachment: Resolution Canvass of Election [Revision 1] (5805 : RESOLUTION RECITING THE FACT OF THE CITY OF MORENO VALLEY

ATTACH ROV CERTIFICATE

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Packet Pg. 16
Attachment: Resolution Canvass of Election [Revision 1] (5805 : RESOLUTION RECITING THE FACT OF THE CITY OF MORENO VALLEY 1 Resolution No. 2022-XX
Date Adopted: May 3, 2022
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, CERTIFYING PURSUANT
TO SECTION 10262 (B) OF THE CALIFORNIA ELECTIONS
CODE, THE RESULTS OF THE APRIL 12, 2022, SPECIAL

ELECTION FOR FILLING THE VACANCY OF THE DISTRICT
1 CITY COUNCIL SEAT, AS DULY PRESENTED TO THE

CITY CLERK BY THE RIVERSIDE COUNTY REGISTRAR OF
VOTERS
WHEREAS, on December 7, 2021, at a regularly scheduled meeting of the Moreno Valley City Council, the City Council, instead of appointing an individual to fill the District 1 City Council Member vacancy, called for a Special Election to allow the eligible voters of District 1 to choose who they preferred to fill out the remainder of the District 1 City Council Member vacancy resulting from the death of the late Victoria Baca; and
WHEREAS, on December 7, 2021, the City Council of the City of Moreno Valley approved Resolution No. 2021-82, which called for a Special Election to be consolidated with the any other election to be held on that same date and would be administered by Riverside County Registrar of Voters; and WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the April 12, 2022, Special Election on April 28, 2022, at approximately 5:00 p.m. and the City Clerk, serving as the City’s Elections Official, has received the official results which are attached to this Resolution, as Exhibit A, which is hereby incorporated herein by this reference; and
WHEREAS, the California Elections Code sets forth certain mandatory duties for the City’s Elections Official (City Clerk) and the City Council with respect to implementing the official results of the Special Election once the final results have been sent by the Riverside County Registrar’s Office to the City’s Elections Official (City Clerk); and
WHEREAS, Section 10262 (b) of the California Elections Code provides that for a consolidated election, the City’s Elections Official (City Clerk), upon receipt of the results of the election from the elections official conducting the election (Riverside County Registrar of Voters), shall certify the results to the governing body (City Council) which shall, no later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, comply with the applicable provisions of Section 10263 of the California Elections Code; and

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Packet Pg. 17
Attachment: RESOLUTION Special Municipal Election.doc [Revision 1] (5805 : RESOLUTION RECITING THE FACT OF THE CITY OF MORENO 2 Resolution No. 2022-XX
Date Adopted: May 3, 2022
WHEREAS, Section 10263 of the California Elections Code provides that upon the completion of the canvass and before installing the new officers, the governing body (City Council) shall adopt a resolution reciting the fact of the election and the other matters that are enumerated in Section 10264 of the California Elections Code and the governing body (City Council) shall declare elected the persons for whom the highest number of votes were cast for each office, which in this case is Elena Baca-Santa Cruz; and
WHEREAS, Section 10264 of the California Elections Code provides that as soon as the result of the election is declared, the elections official of the governing body (City Clerk) shall enter on its records a statement of the result which shall include: (a) the whole number of votes cast in the city; (b) the names of the persons voted for; (c) for what office each person was voted for; (d) the number of votes given at each precinct to each person; and (e) the number of votes given in the city to each person; and
WHEREAS, Section 10263 (b) of the California Elections Code provides that for a consolidated election, the governing body (City Council) shall meet at its usual place of meeting (Council Chamber) no later than the next regularly scheduled City Council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers; and
WHEREAS, Section 10265 of the California Elections Code provides that the City’s elections official (City Clerk) shall immediately sign and deliver to each person elected a “Certificate of Election” and the City Clerk shall also administer to each person elected the “Oath of Office” prescribed in the California Constitution; and WHEREAS, the City’s Elections Official (City Clerk) may administer a written Oath of Office for signature by each elected official in the form required by the California Constitution and if an elected official is sworn in properly by the City’s elections official (City Clerk), a ceremonial swearing-in that deviates from the required form of oath will not be subject to challenge; and
WHEREAS, in light of the facts that: 1) Section 10263 of the California Elections Code provides that the governing body (City Council) shall meet at its usual place of meeting (Council Chamber) to declare the results and to install the newly elected officers; 2) Section 10262 of the California Elections Code provides that the City’s Elections Official (City Clerk), upon receipt of the results of the election from the elections official conducting the election shall certify the results to the governing body (City Council) which shall comply with the applicable provisions of Section 10263 of the California Elections Code; 3) Section 10263 of the California Elections Code provides that upon the completion of the canvass and before installing the new officers, the governing body (City Council) shall adopt a resolution reciting the fact of the election and the governing body (City Council) shall declare elected the persons for whom the highest number of votes were cast for each office; 4) Section 10264 of the California

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Packet Pg. 18
Attachment: RESOLUTION Special Municipal Election.doc [Revision 1] (5805 : RESOLUTION RECITING THE FACT OF THE CITY OF MORENO 3 Resolution No. 2022-XX
Date Adopted: May 3, 2022
Elections Code provides that as soon as the result of the election is declared, the elections official of the governing body (City Clerk) shall enter on its records a statement of the results of the election; and Section 10265 of the California Elections Code provides that the City’s elections official (City Clerk) shall immediately sign and deliver to each person elected a “Certificate of Election” and the City Clerk shall also administer to each person elected the “Oath of Office” prescribed in the California Constitution, indicate in all respects that the duties imposed on the City Council and the City Clerk as the City’s Election Official under the above-referenced California Elections Code provisions are ministerial in nature in light of the case law set forth below; and WHEREAS, the California Supreme Court has held in Kevelin v. Jordan (1964) 62 Cal.2d 82, 83 that the State's Constitution and statutes impose on the Secretary of State the clear ministerial duty to certify an initiative enacted by the voters; and WHEREAS, the California Court of Appeal has held in Martinez v. Board of Supervisors (1972) 23 Cal. App. 3d 679, 684 that it is well settled that mandamus will not be issued to prevent the official recordation of the vote of the people under their reserved legislative power even if there is any apparent unconstitutionality of a measure that the voters approved; and WHEREAS, the California Court of Appeal has also held in International Assn. of Fire Fighters v. City of Oakland (1985) 174 Cal. App. 3d 687, 690–691, & fn. 3 “it would be an intolerable interference with the people's reserved legislative power to prevent the official recordation of their vote . . . .”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. RECITALS.

That the Recitals set forth above are true and correct and are hereby incorporated herein by this reference.

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Date Adopted: May 3, 2022
Section 2. CERTIFICATION OF THE APRIL 12, 2022 ELECTION

RESULTS AS REPORTED BY THE RIVERSIDE COUNTY
REGISTRAR’S OFFICE
That the City Council hereby recites the facts of the April 12, 2022, Election results as reported by the Riverside County Registrar’s Office, attached hereto, as follows:
(a) The whole number of votes cast in the City of Moreno Valley is 1,554 votes, (b) The names of the persons voted for include Elena Baca-Santa Cruz, Gerardo Mercado and Rene R. Ramos
(c) The office each person was voted for was for the vacant District 1 City Council seat;
(e) The number of votes given at each precinct to each person was as follows:

PRECINCT 1
Candidate Number of Votes
Elena Baca-Santa Cruz __________________
Gerardo Mercado __________________
Rene R. Ramos __________________
Total Votes __________________
PRECINCT 2
Candidate Number of Votes
Elena Baca-Santa Cruz __________________
Gerardo Mercado __________________
Rene R. Ramos __________________
Total Votes __________________
PRECINCT 3
Candidate Number of Votes
Elena Baca-Santa Cruz __________________
Gerardo Mercado __________________
Rene R. Ramos __________________

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Date Adopted: May 3, 2022
Total Votes __________________
PRECINCT 4
Candidate Number of Votes
Elena Baca-Santa Cruz __________________
Gerardo Mercado __________________
Rene R. Ramos __________________
Total Votes __________________
PRECINCT 5
Candidate Number of Votes
Elena Baca-Santa Cruz __________________
Gerardo Mercado __________________
Rene R. Ramos __________________
Total Votes __________________
PRECINCT 6
Candidate Number of Votes
Elena Baca-Santa Cruz __________________
Gerardo Mercado __________________
Rene R. Ramos __________________
Total Votes __________________; and
(d) The number of votes given in the City (District 1) to each person are as follows
Candidate Number of Votes
Elena Baca-Santa Cruz 611
Gerardo Mercado 527
Rene R. Ramos 416
Total Votes 1,554.

Section 3. DECLARATION OF PERSON WITH THE HIGHEST

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Date Adopted: May 3, 2022
NUMBER OF VOTES CAST FOR THE DISTRICT 1 CITY

COUNCIL VACANCY
That the person with the highest number of votes cast during the April 12, 2022 election to fill the District 1 City Council seat is Elena Baca-Santa Cruz.

Section 4. CERTIFICATE OF ELECTION AND OATH OF OFFICE
That pursuant to Section 10265 of the California Elections Code, the City Clerk shall immediately sign and deliver to Elena Baca-Santa Cruz a “Certificate of Election” and the City Clerk shall administer to Elena Baca-Santa Cruz the “Oath of Office” prescribed in the California Constitution.

Section 5. STATEMENT OF THE RESULT
That pursuant to Section 10264 of the California Elections Code the City Clerk shall enter on into the records a Statement of the result which shall include: (a) the whole number of votes cast in the city; (b) the names of the persons voted for; (c) for what office each person was voted for; (d) the number of votes given at each precinct to each person; and (e) the number of votes given in the city to each person.

Section 6. SEVERABILITY.

That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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Attachment: RESOLUTION Special Municipal Election.doc [Revision 1] (5805 : RESOLUTION RECITING THE FACT OF THE CITY OF MORENO 7 Resolution No. 2022-XX
Date Adopted: May 3, 2022
Section 7. REPEAL OF CONFLICTING PROVISIONS.

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 8. EFFECTIVE DATE.

That this Resolution shall take effect immediately upon the adoption and approval by the City Council by at least a majority vote of a quorum of the City Council.

Section 9. CERTIFICATION.

That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 3rd day of May 2022.

Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST: APPROVED AS TO FORM:

Brian Mohan, Acting City Clerk Steven B. Quintanilla, Interim City Attorney

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Date Adopted: May 3, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF MORENO VALLEY )
I, Brian Mohan, Acting City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on May 3, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BRIAN MOHAN, ACTING CITY CLERK
(SEAL)

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Date Adopted: May 3, 2022

ATTACH ROV CERTIFICATE

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MINUTES

CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY April 5, 2022

-1-
CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. Recognition of the Riverside Sheriff's Department Recipients of the Distinguished Service Medal 1) David Serna, Distinguished Service Medal 2) Alfred Fierro, Distinguished Service Medal

2. Proclamation Recognizing April as Senior Veterans' Month

3. Proclamation Recognizing Arbor Day

4. Proclamation Recognizing April 3-9, 2022 as National Library Week

5. Swearing In of Cheylynda Barnard to the Arts Commission A.2
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MINUTES

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

REGULAR MEETING – 6:00 PM
April 5, 2022

CALL TO ORDER
The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Mo reno Valley Public Financing Authority and the Board of Library Trustees was called to order at 6:07 p.m. by Mayor Gutierrez in the Council Chamber located at 14177 Frederick Street.

Mayor Gutierrez announced that the City Council receives a separate stip end for CSD meetings.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Acting City Clerk/Assistant City Manager/Chief Financial Officer/City Treasurer Brian Mohan.

INVOCATION

Dave Carlson from Moreno Valley Christian Assembly.

ROLL CALL

Council: Dr. Yxstian A. Gutierrez Mayor
David Marquez Council Member
Ulises Cabrera Council Member
Edward A. Delgado Council Member

Roll Call
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INTRODUCTIONS

Staff: Paul Bradvica Deputy City Clerk
Steven Quintanilla Interim City Attorney
Mike Lee City Manager
Brian Mohan Acting City Clerk, Assistant City Manager,
Chief Financial Officer, City Treasurer
Manuel Mancha Community Development Director
Michael Lloyd Public Works Director/City Engineer
Jeremy Bubnick Parks & Community Services Director
John Salisbury Chief of Police
Jesse Park Fire Chief

PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER

THE JURISDICTION OF THE CITY COUNCIL

Keith Howerton

1. Expressed appreciation to the Public Works Department for the road work done on Santiago Drive. Pleased with the new signals on Perris and Santiago.

2. Recounted a kind story about the late Council Member Victoria Baca.

3. Encouraged the City to create a swimming pool at the City Center and name it after Victoria Baca.

Brandon Carn

1. Called attention to litter being dumped by Gilman Springs Road.

2. Stressed that various motor vehicles drive dangerously down Ramona Expressway, which has resulted in multiple injuries as well as some unfortunate deaths.

3. Called attention to the previous City Clerk being asked to resign for misconduct right before an election.

4. Encouraged current elected officials to hold each other accountable.

5. Stated that he recorded a conversation between the City Manager and the Mayor, which claims that the fire at the Veteran’s Memorial was an electrical fire.

Mayor Gutierrez asked City Manager Mike Lee if they had a conversation discussing the Veterans Memorial fire as electrical.

City Manager Mike Lee responded they had no such conversation.

Lindsay Robinson
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1. Thanked Council Member Cabrera and Council Member Marquez for being a voice for the people regarding the redistricting topic.

2. Stated various FPPC violations conducted by Council Member Cabrera and Mayor Gutierrez.

3. Shared how LaDonna Jempson was being attacked for an issue that occurred 40 years ago, which has since been rectified, while the criminal history of Elena Baca-Santa Cruz has yet to be disclosed.

4. Demanded to see a full disclosure of Elena Baca-Santa Cruz’s history if people are going to continue attacking LaDonna Jempson.

Fred Banuelos

1. Praised the Springtastic event.

2. Pleased to see Cheylynda Bernard sworn into the Arts Commission, as he would like to see Juneteenth become recognized by the City.

3. Inquired the meaning of “annexing certain parcels” to improve his understanding of items A5 and B4.

4. Expressed his support of the Net Energy Metering Calculation if he benefits from the compensation.

Daryl Terrell

1. Shared a motivational speech that encouraged the community to hold onto hope and continue to strive for greatness in the City of Moreno Valley.

Jose Chavez

1. Emphasized that when the people of the City want change, they will create change.

2. Supported the redistricting of the City in the past and has been told there is not enough financial resources for this change.

3. Expressed his disappointment in the increase in taxes, which then benefit warehouses and green businesses.

David Zeitz

1. Believes that the City should not benefit from war, pointing out that gas prices have increased substantially in the past few weeks.

2. Suggested calculating how much money the City is making from the increased gas prices and donating it to the refugees of the war in Ukraine.

3. Emphasized that the financial gain the City receives due to the increase in gas prices during this time is morally wrong.

Elmer Thomas

1. Encouraged residents to support the Mayor in his quest to continue to support our communities.

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2. Encouraged the residents of District 1 to support Elena Baca-Santa Cruz in her campaign to represent District 1.

3. Critical of Council Member Marquez, stating that the Council Member was rude to the resident on various occasions.

4. Called for the recall of Council Member Marquez.

5. Called for the recall of Council Member Cabrera for his lack of judgment.

Bob Palomarez

1. Thanked Police and Fire for all they do.

2. Stated that LaDonna Jempson has not learned her lesson in regards to the issue from 40 years ago.

3. Praised Elena Baca-Santa Cruz for her dedication to improving her life and considers her a success story.

4. Critical of Council Member Marquez and Council Member Cabrera.

Russell Shafer

1. Expressed his support for Elena Baca-Santa Cruz for Council Member for District.

2. Critical of Council Member Cabrera and Council Member Marquez.

JoAnn Stephan

1. Stated that the City should not be redistricting at this time and that the money for this project can be allocated to other programs.

2. Expressed a desire to see more people on the Council in the future that can make more bipartisan decisions.

3. Critical of the candidate Ramos and his ability to do math.

4. Critical of City Council candidate Mercado, stating that he has not been present in the community.

Tom Jerele Jr

1. Shared that he has lived in Moreno Valley since 1981 and is proud of the progress that has been made in the past 5 to 8 years.

2. Opposed to the redistricting of the City as he believes that the existing system is sufficient.

3. Expressed gratitude to the Police, Fire, and Public Works staff.

4. Highlighted a few non-profit events in the next couple weeks.

5. In support of Elena Baca-Santa Cruz District 1 candidacy.

Donovan Saadiq

1. Critical of District 1 being smaller than all other districts in the redistricting drafts exhibited during the presentation.

2. Opposed to the redistricting process as a whole.

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3. Supported the expansion of the districts at a more appropriate time in the near future, however he does not think right now is the time.

4. Suggested allocating the redistricting funds towards a youth center similar to a Boys and Girls Club.

5. Pointed out the various elements that go into a Moreno Valley election.

6. Stated that LaDonna Jempson has galvanized her supporters to get them to vote for her.

7. Praised Louise and Bob Palomarez for attempting to sue the City until the District Attorney stepped in to remove LaDonna Jempson from City Council in October 2021.

Roy Bleckert

1. Claimed that the City Council has the criteria and the evidence that demonstrates the redistricting of 2014 was effective.

2. Encouraged Council to vote against the redistricting of the City.

3. Stated that Council Member Marquez promised an explanation of events that took place in October 2021, and has yet to see that explanation.

Elena Baca-Santa Cruz

1. Thanked those who have participated in her campaign for the District 1 Council Member seat.

Matthew Chen

1. Congratulated Cheylynda Barnard for her appointment.

2. Thanked the City Staff for coordinating City events, Law Enforcement and Fire Department for everything they do.

3. Suggested each person in an entry level City position get a pay increase.

4. Congratulated 2 members of the Planning Commission on their future endeavors.

5. Advocated for an increase in funding for the Police Department after his first ride along with a deputy.

Don Martin

1. Encouraged City Council members to take every comment with a grain of salt.

2. Stated that gas tax in California have always been high, and that it continues to increase because of the Presidential Administration.

3. Supported Elena Baca-Santa Cruz in her campaign.

Louise Palomarez

1. Opposed the redistricting process as it costs great amount of time and resources.

2. Suggested placing more funding in existing programs that support police, fire A.2
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and assisting people experiencing homelessness.

3. Critical of Council Member Cabrera and Council Member Marquez.

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Bo ard of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Council Member
AYES: Ed Delgado, Dr. Yxstian A. Gutierrez, David Marquez, Ulises Cabrera Mayor Gutierrez opened the Consent Agenda items for Council comments.

A. CONSENT CALENDAR-CITY COUNCIL

A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. LIST OF PERSONNEL CHANGES (Report of: Financial & Management Services)
Recommendation:

1. Ratify the list of personnel changes as described.

A.3. PAYMENT REGISTER - JANUARY 2022 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

A.4. AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR

LANDSCAPE LIGHTING AND ELECTRICAL MAINTENANCE SERVICES
(CITY COUNCIL AND CSD BOARD), WHICH IS FUNDED BY PARCEL A.2
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CHARGES (AGMT. NO. 2022 -33) (Report of : Financial & Management Services)
Recommendations:

1. Approve the Agreement for On -Site and/or Professional Services for Landscape Lighting and Electrical Maintenance Services
(“Agreement”) with Leivas, Inc. DBA Leivas Lighting, 63 70 Brockton Ave., Suite A, Riverside, CA 92506 , and waive any and all minor irregularities, to provide landscape lighting and electrical maintenance services for a period of five years at a total not -to-exceed amount of $415,570.00.

2. Authorize the City Manager to execute the Agree ment with Leivas, Inc. DBA Leivas Lighting, and authorize the Chief Financial Officer to execute subsequent amendments to the Agreement, in accordance with its terms, subject to the approval of the City Attorney and provided sufficient funding appropriatio ns and program approvals have been granted by the City Council.

A.5. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2014 -01 (MAINTENANCE SERVICES) - AMENDMENT NOS. 63 AND 64 (RESO. NOS. 2022 - 25 and 2022-26) (Report of: Financial & Management Services)
Recommendation:

1. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-25, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 63) (FH II, located on the northwest corner of Quincy St. and Brodiaea Ave.).

2. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-26, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 64) ( Nulevel Partners, located on a cul-de-sac at the east end of Kimberley Ave.).

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A.6. ADOPT RESOLUTION NO. 2022 -27 DESIGNATING AND AUTHORIZING

CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS
(Report of: Fire Department)
Recommendations:

1. Adopt Resolution No. 2022-27, a Resolution of the City Council of the City of Moreno Valley, Californ ia, Designating and Authorizing Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Federal Financial Assistance Provided by the Federal Department of Homeland Security and Sub -granted through the State of California.

A.7. ACCEPTANCE OF THE STATE HOMELAND SECURITY PROGRAM 2021 GRANT AWARD FOR FY 2021/2022 (Report of: Fire Department) Recommendation:

1. Accept the 2021 State Homeland Security Program (SHSP) grant award for FY 2021/2022 in the amount of $24,471.00 from t he Riverside County Emergency Management Department.

2. Authorize a FY 2021/2022 budget adjustment of $24,471.00 to the Emergency Management Grant fund (2503) revenue and expenditure accounts.

A.8. ACCEPTANCE OF THE EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM 2021 GRANT AWARD FOR FY 2021/2022 (Report of:

Fire Department)
Recommendation:

1. Accept the FY 2021/ 2022 Emergency Management Performance Grant Program (EMPG) grant award of $42,144.00 from the Riverside County Emergency Management Department.

2. Authorize a FY 2021/2022 budget adjustment of $42,144.00 to the Emergency Management Grant fund (2503) revenue and expenditure accounts.

A.9. APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY CONFIRMING THE METHODOLOGY OF THE NET

ENERGY METERING CALCULATION FOR MORENO VALLEY UTILITY
(Report of: Public Works)
Recommendation:

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1. Approve Resolution 2022 -28. A Resolution of the City Council of the City of Moreno Valley, California, confirming the methodology of the Net Energy Metering Calcu lation for Moreno Valley Utility (MVU) as currently required by City resolution.

A.10. AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT TO COSCO FIRE PROTECTION, INC. FOR FIRE PROTECTION SYSTEM

MAINTENANCE, REPAIR, AND TESTING SERVICES AT CITY FA CILITIES AND SITES (Report of: Public Works)

1. Award a five-year contract to COSCO FIRE PROTECTION, INC. for a total not -to-exceed amount of $800,000 for Fire Protection System Maintenance, Repair, and Testing Services for City Facilities and Sites on a r outine and on -call basis; and authorize the City Manager to execute contracts in conformance with the attached Agreement using fund 7310, Facilities Maintenance;

2. Authorize the issuance of annual purchase orders for COSCO FIRE PROTECTION, INC. on a rout ine and as needed basis each year of the Agreement term subject to funds available in the City Council approved Operating Budget; and

3. Authorize the Director of Public Works/City Engineer to execute any amendments, purchase orders and/ or change orders, contingent upon approved budget and approval of the City Attorney.

A.11. APPROVAL OF THE FISCAL YEAR 2022/2023 STORM WATER PROTECTION PROGRAM BUDGET FOR COUNTY SERVICE AREA 152
(Report of: Public Works)
Recommendations:

1. Approve the County Service Area (CSA) 152 Budget for Fiscal Year (FY) 2022/2023 in the amount $701,397; and

2. Authorize to continue the levy of the County Service Area 152 Assessment at the same rate as the prior year ($8.15) per Benefit Assessment Unit (BAU) for FY 2022/2023.

A.12. APPROVE MEASURE A LOCAL STREETS AND ROADS FIVE -YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2022/23 -2026/27 (Report of:

Public Works)
Recommendations:

1. Approve and authorize submittal of the City of Moreno Valley’s A.2
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Measure A Local Streets and Roads Five-Year Capital Improvement Plan for Fiscal Years 2022/23 – 2026/27 and Maintenance of Effort Certification for Fiscal Year 2022/23 to the Riverside County Transportation Commission.

2. Authorize the Director of Public Works/City Engineer to submit an amended five -year plan to the Riverside County Transportation Commission if changes are made to the listed Measure A projects.

Council Member Cabrera expressed being in favor of item A.12.

A.13. ADOPT A RESOLUTION OF THE CITY OF MORENO VALLEY,

CALIFORNIA, APPROVING AN ANNUA L ADJUSTMENT TO QUIMBY IN - LIEU FEES PURSUANT TO CHAPTER 3.40.110 OF THE MORENO
VALLEY MUNICIPAL CODE (Report of: Parks & Community Services) Recommendation:

1. Adopt Resolution No. 2022 -29, authorizing an adjustment to Quimby In-Lieu fees.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT

B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. ADOPT RESOL UTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL YEAR 2022/23 FOR MORENO VALLEY

COMMUNITY SERVICES DISTRICT LANDSCAPE MAINTENANCE
DISTRICT NO. 2014 -02 (RESO. NOS. CSD 2022 -12, CSD 2022 -13, and CSD 2022-14) (Report of: Financial & Management Services) Recommendations:

1. Adopt Resolution No. CSD 2022-12, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Initiating Proceedings to Levy the Fiscal Year 2022/23 Assessments against Real Property in Moreno Valley Community Services District Landscape
Maintenance District No. 2014-02.

2. Adopt Resolution No. CSD 2022-13, a Resolution of the Board for the Moreno Valley Community Services District of the City of A.2
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Moreno Valley, California, Approving an Engineer’s Report in Connection with the 2022/23 Assessments against Real
Property in Moreno Valley Community Services District
Landscape Maintenance District No. 2014-02.

3. Adopt Resolution No. CSD 2022-14, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Declaring its Intention to Levy the Fiscal Year 2022/23 Assessments against Real Property in Moreno Valley Community Services District Landscape
Maintenance District No. 2014-02.

B.3. ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY
ASSESSMENTS IN FISCAL YEAR 2022/23 FOR MORENO VALLEY

COMMUNITY SERVICES DISTRICT LIGHTING MAINTENANCE DISTRICT NO. 2014-01 (RESO NOS. CSD 2022 -15, CSD 2022 -16, and CSD 2022 -17) (Report of: Financial & Management Services)
Recommendations:

1. Adopt Resolution No. CSD 2022-15, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Initiating Proceedings to Levy Fiscal Year 2022/23 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.

2. Adopt Resolution No. CSD 2022-16, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, Calif ornia, Approving an Engineer’s Report in Connection with Fiscal Year 2022/23 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.

3. Adopt Resolution No. CSD 2022-17, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Declaring its Intention to Levy Fiscal Year 2022/23 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.

B.4. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021 -01 (PARKS
MAINTENANCE) - AMENDMENT NOS. 9, 10, 11 and 13 (RESO NOS. CSD 2022-18, CSD 2022 -19, CSD 2022 -20, and CSD 2022 -21) (Report of:

Financial & Management Services)
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Recommendation:

1. Adopt Resolution No. 2022 -18, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Vall ey Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended
map for said District (Amendment No. 9) (Ramona and
Douglas McHose, located at 14432 Chantry Dr.).

2. Adopt Resolution No. 2022 -19, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 10) ( Harold Beral and FDC, located at 22680 Centerpoint Dr.).

3. Adopt Resolution No. 2022 -20, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of te rritory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended
map for said District (Amendment No. 11) (Erika Calderon, located at 24363 Comfort Ct.).

4. Adopt Resolution No. 2022 -21, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 13) ( Homes for Our Troops, Inc., located at 25133 Kalmia Ave.).

C. CONSENT CALENDAR - HOUSING AUTHORITY

C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES

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D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY

E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDE S WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

F. PUBLIC HEARINGS

Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.

Interim City Attorney Steven Quintanilla affirmed this was the last of four State mandated redistricting hearings. Interim City Attorney Steven Quintanilla introduced Chris Skinnell of Nielsen Merksamer Parrinello Gross & Leoni LLP Partners.

Mr. Skinnell presented the final Redistricting Presentation PowerPoint, which was based on the 2020 Census.

Mayor Gutierrez asked if the current di strict map meets the Federal criteria of majority, minority.

Mr. Skinnell responds in the affirmative.

Being that there were no other questions from Council, Mayor Gutierrez opened the Public Hearing at 6:24 p.m.

F.1. FOURTH AND FINAL PUBLIC HEARING REG ARDING THE DECENNIAL

CITY COUNCIL REDISTRICTING PROCESS BASED ON RECENTLY
RELEASED 2020 US CENSUS POPULATION DATA FOR THE CITY OF MORENO VALLEY (Report of: City Attorney)
Recommendations: That the City Council:

1. Receive a presentation from the City’s redis tricting consultants A.2
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regarding proposed redistricting maps;

2. Conduct the final public hearing of the four State -mandated public hearings regarding the proposed redistricting maps in light of the 2020 Census, pursuant to Elections Code Sections 21601-21609;

3. Select a preferred district map for use until the 2030 Census, unless changes are permitted prior to the 2030 Census under applicable law at the time; and

4. Approve Resolution No. 2022 -24, repealing the City’s existing district boundaries, contingent u pon the adoption of an alternative preferred map, by a majority of the City Council based on the 2020 census as required by California Elections Code sections 21601-21609

RESULT: APPROVED [UNANIMOUS]
MOVER: Dr. Yxstian A. Gutierrez, Mayor
SECONDER: Ulises Cabrera, Council Member
AYES: Ed Delgado, Dr. Yxstian A. Gutierrez, David Marquez, Ulises Cabrera
Louise Palomarez

1. Affirmed her support for the current boundaries.

Tom Jerele

1. Affirmed his support for the current boundaries.

2. Concurred with the comments made by Louise Palomares.

3. Recounting the origins for jerrymandering, and self-serving government.

JoAnn Stephan

1. Affirmed her support for the current boundaries; urged Council to leave the districts status quo.

Donovan Saadiq

1. Recounted the reasoning for the redistricting process.

2. Questioned why the submitted maps seem to disenfranchise the Edgemont area; making the area the smallest.

3. Concurred with the statements made by Tom Jerele, JoAnn Stephan, and Louise Palomarez, in which things are getting better.

Roy Bleckert

1. Recounted the 2014 district boundary map process and outcome.

2. Affirmed his support for the current district map.

3. Urged the Council to vote 4-0 in favor of the existing map.

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Mayor Gutierrez closed the Public Hearing.

Council Member Delgado stated that the current distract boundaries are sufficient.

Council Member Marquez expressed concerns with future growth in District 3 and 4.

Expressed unfairness in District 3 and 2, and potential future unbalance which may occur in the next five years.

Council Member Cabrera expressed being in favor of the current district map boundaries.

Mayor Gutierrez concurred with Council Member Delgado and Council Member Cabrera, affirming that the current district map is best.

Acting City Clerk, Assistant City Manager, Chief Financial Officer, City Treasurer, Brian Mohan, asked Mayor Gutierrez to act on item 4.

Interim City Attorney Steven Quintanilla made a recommendation to change verbiage on section 1, stating that it shoul d read: Pursuant to Elections Code sections 21601 and municipal code 2.02.040 the City Council prefers to maintain the current district boundaries as depicted in the preferred map.

Mayor Gutierrez made a motion to approve item 4, a resolution to adopt the existing map districts.

Motion: Recommendation 4
RESULT: APPROVED [UNANIMOUS]
MOVER: Dr. Yxstian A. Gutierrez, Mayor
SECONDER: Ed Delgado, Council Member
AYES: Ed Delgado, Dr. Yxstian A. Gutierrez, David Marquez, Ulises Cabrera
F.2. PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MAIL BALLOT PROCEEDING (Report of: Financial & Management Services)
Recommendations: That the City Council:

1. Conduct the Public Hearing and accept public testimony for the mail ballot proceeding for the N ational Pollutant Discharge Elimination System (NPDES) Residential Regulatory Rate to be applied to the property tax bill of the parcel identified herein (Homes For Our Troops Inc, located at 25133 Kalmia Ave).

2. Direct the City Clerk to open and count the returned NPDES ballot;

3. Verify and accept the results of the mail ballot proceeding as A.2
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maintained by the City Clerk on the Official Tally Sheet and if approved, set the rate and impose the applicable NPDES
Regulatory Rate on the Assessor’s Parcel Number as
mentioned;

4. Receive and file the Official Tally Sheet with the City Clerk’s office.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Council Member
SECONDER: Ulises Cabrera, Council Member
AYES: Ed Delgado, Dr. Yxstian A. Gutierrez, David Marquez, Ulises Cabrera
Acting City Clerk /Chief Financial Officer/City Treasurer Brian Mohan provided the report.

Mayor Gutierrez opened the Public Hearing at 7:36 p.m.

There being no comments in support or opposition, Mayor Gutierrez closed the Public Hearing at 7:36 p.m.

Motion: Recommendations 3 & 4
RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Council Member
AYES: Ed Delgado, Dr. Yxstian A. Gutierrez, David Marquez, Ulises Cabrera
G. GENERAL BUSINESS

H. ITEMS REMOV ED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION

I. REPORTS

I.1. CITY COUNCIL REPORTS

(Informational Oral Presentation - not for Council action)

March Joint Powers Commission (JPC)
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Council Member Delgado reported the following:

At the March 23rd the Joint Powers Commission heard updates about the Navy Reserve Center and about construction progress on the VIP215 project south of March Field Air Museum along the east side of Interstate 215.

They also approved consultant contracts and pers onnel restructuring to allow for operations continuity and succession planning during the sunsetting process.

Riverside County Habitat Conservation Agency (RCHCA)
None
Riverside County Transportation Commission (RCTC)
Council Member Delgado reported the following:

At the March 9th Commission meeting, the RCTC approved the construction contract for improvements to the Moreno Valley / March Field Metrolink Station improvements which includes track improvements as well as platform improvements, a maintenance agreement for the 91 Express Lanes and 15 Express Lanes, and a construction contract for auxiliary lane improvements to the Southbound I-15 between Cajalco Road and Weirick Road.

At the March 28th RCTC Programs and Projects Committee meeting, the Committee recommended 1) approval of funding for the Riverside County Free Rail Pass Program making passes available to Metrolink riders in Riverside County and 2) hold the review and approval of the Mid -County Parkway Project for 30 days. The items will go to the full RCTC for final action.

Riverside Transit Agency (RTA)
None
Western Riverside Council of Governments (WRCOG)
Council Member Delgado reported the following:

March 7, 2022 WRCOG Executive Committee meeting included: The TUMF Nexus Study update re mains on schedule. It is anticipated to be completed with the enacting of local TUMF ordinances by June 2023.

April 4, 2022 WRCOG Executive Committee meeting included: SCAG provided the Executive Committee with an overview of the draft Policy Development Framework for Connect SoCal 2024 (2040 -2050 Regional Transportation Plan/Sustainable Communities Strategy - RTP/SCS).

SCAG will share this draft Policy Development Framework with each Policy Committee to ask for feedback and input before bringing it to th eir Regional Council in June.

Public-Private-Partnership Conference in Dallas Texas
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Council Member Delgado reported the following:

March 14 -16th attended the Public -Private-Partnership Conference in Dallas Texas. The P3 Conference is one of the largest g atherings of government and development professionals in the country.

Western Riverside County Regional Conservation Authority (RCA) Council Member Marquez reported the following:

March 7, 2022 RCA Board of Directors meeting included: Moreno Valley’s MSHCP fee collection totaled $76,310.00 (26 residential permits for the month of December 2021.

April 4, 2022 Items covered at the RCA Board of Directors meeting included:

Moreno Valley’s MSHCP fee collection totaled $79,836.00 (19 residential permits and 3.15 commercial/industrial acres) for the month of January 2022.

School District/City Joint Task Force
None
I.2. CITY MANAGER'S REPORT

(Informational Oral Presentation - not for Council action)

City Manager Lee reported on the upcoming freeway closure by the 60 freeway overpass on Moreno Beach Drive. Announced the upcoming Community Day of service on Saturday, May 14, 2022. Reminded residents of the SAFER program for free fire and carbon monoxide smoke detectors.

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

Council Member Marquez

1. Advised Moreno Valley residents to avoid the construction around 60 Freeway and Moreno Beach Drive.

2. States that the City has no control over the litter on the other side of a gate on Theodore Street, as that property belongs to the State.

3. Praised the Springtastic Event and the staff involved.

4. Recounted time at National League of Cities Convention in Washington D.C., where he proudly announced Moreno Valley’s advancements.

5. Commented on $80,000 insurance settlement from resident Elmer Thomas.

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6. Critical of Robert Palomarez and the false article.

7. Stated how it is illegal to stalk public officials.

8. Refused to comment on the events of October 2021 based on the advice from his legal team.

Council Member Cabrera

1. Praised the Santiago Park dedication ceremony in District 4.

2. Recounted story playing basketball with the teenagers in the Santiago Park.

3. Reported progress on new stadium light installment in El Potrero Park.

4. Celebrated the Kia Car Pros ribbon cutting ceremony.

5. Reported meeting with educational partners, Moreno Valley College and UC Riverside, to discuss putting an emphasis on funding the ideas of college students or local professionals so they can start new business ventures.

6. Proposed combining the prior comment with the MoVal Learns program.

7. Celebrated the Cesar Chavez Scholarship Breakfast with Moreno Valley College which was held remotely with keynote speaker Dolores Huerta.

8. Praised the Springtastic event.

9. Encouraged participation in the Dear California volunteer event organized by Sandals Church at Towngate Park on Saturday April 9th.

Council Member Delgado

1. Mentioned an article he wrote about District 2 in Sunnymead Ranch.

2. Extended gratitude to City Staff for taking care of requests made by residents.

3. Praised the City Manager for organizing the staff appreciation events.

4. Encouraged citizens of our community to be kind to others, especially with the current state of the world.

Mayor Gutierrez

1. Thanked everyone for attending the City Council meeting.

2. Echoed Council Member Delgado to practice kindness.

3. Celebrated Dolores Huerta’s attendance at the Dolores Huerta and Cesar Chavez Scholarship Breakfast.

4. Praised the development of Santiago Park.

5. Provided an update on the litigations of an Aquatic Center by Moreno Beach and Cottonwood, and the Moreno Valley Town Center general plan.

6. Expressed condolences of the passing of Tina Gallegos from Animal Services on Sunday, March 27th.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Gutierrez adjourned the meeting at 8:05 p.m. in memory of Tina Gallegos.

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PUBLIC INSPECTION

The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made avail able for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

There being no further business to come before the City Council , Mayor Gutierrez adjourned the meeting at 8:05 PM.

Submitted by:

___________________________
Paul D. Bradvica
Deputy City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority

Approved by:

___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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MINUTES

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

MORENO VALLEY HOUSING AUTHORITY

CLOSED SESSION – 5:00 PM
April 5, 2022

CALL TO ORDER

ROLL CALL

Council: Ed Delgado
Dr. Yxstian A. Gutierrez
David Marquez
Ulises Cabrera

Council Member
Mayor
Council Member
Council Member

PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY

There is a three-minute time limit per person. Please complete and submit a BLUE speaker slip to the City Clerk. All remarks and questions shall be addressed to the presiding officer or to the City Council.

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CLOSED SESSION
A Closed Session of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency and Housing Authority will be convened in the Council Chamber for purposes of hearing public comment and then held in the City Manager’s Conference Room, Second Floor, City Hall. The City Council will meet in Closed Session to confer with its legal counsel regarding the following matter:

The Closed Session will be held pursuant to Government Code:

1 CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF

LITIGATION
Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case)

REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY

ADJOURNMENT

There being no further business to come before the City Council , Mayor Gutierrez adjourned the meeting at 5:28 PM.

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Submitted by:

___________________________
Paul D. Bradvica
Deputy City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority

Approved by:

___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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MINUTES

CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY April 19, 2022

-1-
CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. Recognition of SHARP International State Competition Champions, Valley View High School Cheer, First Place
a) Valley View High School Cheerleaders (22 Athletes)
b) Pep Squad Advisor, Mrs. Kenya Williams Brown
c) Moreno Valley Unified School District Superintendent Dr. Martinrex Kedziora d) Valley View High School Principal, Karen Y. Johnson

2. 2021 Deputy of the Year
Deputy Ron White

3. 5803 : 2020 Firefighters of the Year
2020 Firefighter of the Year: Dallas Smith, Fire Apparatus Engineer

4. 5803: 2021 Firefighters of the Year
2021 Firefighter of the Year: John Phillips, Fire Captain A.4
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MINUTES

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

REGULAR MEETING – 6:00 PM
April 19, 2022

CALL TO ORDER
The Joint Meetin g of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Authority and the Board of Library Trustees wa s called to order at 6: 16 p.m. by Mayor Gutierrez in the Council Chamber located at 14177 Frederick Street.

Mayor Gutierrez announced that the City Council receives a separate stipend for CSD meetings.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Frank Wright.

ROLL CALL

Council: Dr. Yxstian A. Gutierrez Mayor
David Marquez Council Member
Ulises Cabrera Council Member
Edward A. Delgado Council Member

Roll Call

INTRODUCTIONS

Staff: Paul Bradvica Deputy City Clerk
Steven Quintanilla Interim City Attorney
Mike Lee City Manager
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Brian Mohan Acting City Clerk, Assistant City Manager,
Chief Financial Officer, City Treasurer
Manuel Mancha Community Development Director
Michael Lloyd Public Works Director/City Engineer
Jeremy Bubnick Parks & Community Services Director
John Salisbury Chief of Police
Jesse Park Fire Chief

PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER

THE JURISDICTION OF THE CITY COUNCIL

Linda Thomas

1. Praised Council for celebrating the Valley View High School Cheer Team.

Elmer Thomas

1. Congratulated Elena Baca -Santa Cruz for her victory in the District 1 Special Election.

2. Expressed support to Mayor Gutierrez for running for Riverside County Supervisor.

3. Thanked Sheriff Whi te for his kind words towards the Valley View High School Cheer Team.

Christine Pangan

1. Introduced the Helping Hands CSUSB social work student group.

2. Brought light to the developing homelessness problem in the Edgemont area.

3. Called action to and demonstrated support for developing short-term and long-term goals to support the homeless population.

4. Expressed being in contact with public figures and organizations, including Council Member Elect Elena Baca-Santa Cruz and The Hole In Wall, Inc.

5. The group invited the community to participate at the Saturday, April 23rd event which will accept donations and provide resources to help the local homelessness issues.

6. Asked for the City’s to create long-term goals to help the homeless population in Moreno Valley.

JoAnn Stephan

1. Congratulated Elena Baca-Santa Cruz for her victory of District 1 Council Member.

2. Expressed support for Mayor Gutierrez's candidacy for Riverside County Supervisor.

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3. Expressed support towards Jaime Hurtado as the next future Mayor of Moreno Valley.

4. Emphasized the importance of addressing homelessness in the City.

Tom Jerele

1. Celebrated the Police Department, Fire Department, and the Valley View High School Cheer Team for being recognized.

2. Congratulated Elena Baca-Santa Cruz on her victory.

3. Thanked the Council on the unanimous vote at the last City Council meeting.

Bob Palomarez

1. Congratulated Elena Baca-Santa Cruz on her victory.

2. Congratulated the Fire Department and Police Department for the recognition of their hard work.

3. Expressed satisfaction with the dumping clean-up on Heacock St., thanked Council Member Delgado.

4. Acknowledged the international support Ukraine has received during this time, encouraged the community to do the same.

David Zeitz

1. Recommended that City Council meetings include optional Zoom participation, as this may be beneficial for those whom have medical limitations.

2. Encouraged the City to take action to support the people of Ukraine.

3. Disappointed that the City is not doing enough to address the people who are experiencing homelessness, especially the veterans.

4. Thanked the outside groups who have called attention to the issue stated above.

Russel Shafer

1. Congratulated Elena Baca-Santa Cruz for her victory.

2. Thanked Council Member Delgado and Mayor Gutierrez for their contributions to the City.

3. Critical of Council Member Cabrera and Council Member Marquez.

Roy Bleckert

1. Pleased to see people from neighboring communities call attention to Cit y issues accompanied by potential solutions.

2. Encouraged the City to pay more attention to Edgemont, specifically the mall area, Central Sunnymead Blvd. and Sunnymead Blvd.

3. Emphasized there is still no explanation for the events that took place 6 months ago.

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4. Stated the City must improve communication with residents.

Louise Palomarez

1. Congratulated Elena Baca-Santa Cruz on her victory.

2. Congratulated the Valley View High School Cheer Team.

3. Congratulated the Police Department on their recognition.

4. Congratulated the Fire Department on their recognition.

5. Endorsed Mayor Gutierrez’s campaign for the Riverside Board of Supervisors.

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board o f Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Council Member
AYES: Ed Delgado, Dr. Yxstian A. Gutierrez, David Marquez, Ulises Cabrera Roy Bleckert

1. Spoke about the creation of the Homeless to Work Program.

2. Spoke about the homeless issues within the City.

3. Asked for Council to come together to take on this issue.

A. CONSENT CALENDAR-CITY COUNCIL

A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. City Council - Regular Meeting - Mar 1, 2022 6:00 PM Recommendation: Approve as submitted.

A.3. City Council - Special Meeting (Closed Session) - Mar 8, 2022 5:00 PM A.4
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Recommendation: Approve as submitted.

A.4. City Council - Special Meeting - Mar 24, 2022 4:00 PM Recommendation: Approve as submitted.

A.5. PAYMENT REGISTER - FEBRUARY 2022 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

Statement
A.6. LIST OF PERSONNEL CHANGES (Report of: Financial & Management Services)
Recommendation:

1. Ratify the list of personnel changes as described.

A.7. ACCEPT THE U.S. DE PARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE PROGRAM PART 1 (ERAP1) REALLOCATION OF FUNDS (Report of: Financial & Management Services)
Recommendations:

1. Accept the U.S. Treasury Emergency Rental Assistance Program Part 1 (“ERAP1”) Reallocation fu nds in the amount of $163,970 and $444,512, for a total of $608,482.

2. Designate and authorize the Chief Financial Officer as authorized signatory to execute required Emergency Rental Assistance Program Part 1 (“ERAP1”) Reallocation documents.

3. Authorize a budget amendment as set forth in the fiscal impact section.

4. Authorize the City Manager to execute program management contracts with United Way of Inland Valleys and The Salvation Army to provide Financial Assistance and Housing Stability Services.

5. Authorize the City Manager to accept any additional redirected Emergency Rental Assistance Program funding from the U.S.

Treasury and to amend said agreements necessary as additional funds are made available.

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Council Member Cabrera stated this item will give additional funding to the rental assitance program. Thanked staff for their work on securing this funding.

A.8. AUTHORIZATION TO CONTINUE TWO HOMELESS ASSISTANCE
PROGRAMS TO ASSIST WITH ADDRESSING HOMELESSNESS (Report of: Financial & Management Services)
Recommendations:

1. Authorize the City to continue collaborating with The Salvation Army on two programs aimed at providing members of the community who are experiencing homelessness access to essential services and employment; and

2. Authorize the City Attorney to prepare revised agreements with The Salvation Army for case management services and oversight of the daily operations of both programs, the “Homeless Assistance Program” and the “Homeless To Work Program”; and

3. Authorize the City Manager to execute revised agreements; and

4. Authorize the Chief Financial Officer to implement the budget allocation as set forth in the fiscal impact section.

Council Member Cabrera stated this item is providing more funding to address homelessness. Expres sed he would like the City to build housing for the homeless.

A.9. COMPLY WITH THE STATE'S UNFUNDED MANDATES IN SENATE BILL 1383 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
LEGISLATION (Report of: Financial & Management Services) Recommendations:

1. Authorize the Purchasing and Sustainability Manager to file the necessary documents with the California Department of Resources Recycling and Recovery (CalRecycle), which is California’s regulatory, compliance and enforcement division; and

2. Approve Resolution No. 2022-30 Adopting the Adjustment for the Solid Waste and Recycling Services; and

3. Approve and Authorize the City Manager to finalize the administrative details and execute the Third Amendment and Restatement of the Solid Waste and Recycling Franchise Agreem ent, subject to th e approval of the City Attorney.

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Council Member Marquez requested a staff report on A.9.

Acting City Clerk/Assistant City Manager /Chief Financial Officer/City Treasurer Brian Mohan provided the report.

Council Member Marquez asked Ac ting City Clerk/Assistant City Manager /Chief Financial Officer/City Treasurer Brian Mohan what the penalty is if the City does not mandate the Senate Bill.

Acting City Clerk/Assistant City Manager /Chief Financial Officer/City Treasurer Brian Mohan affir med that CalRecycle may levy a $10,000 a day fee in violations, until rectified.

Council Member Marquez thanked Acting City Clerk/Assistant City Manager /Chief Financial Officer/City Treasurer Brian Mohan and stated he wanted to make the residents aware of the potential penalties should the City not comply.

A.10. PEN18-0092 (TR 37544) – APPROVE COOPERATIVE AGREEMENT

BETWEEN THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT, THE CITY, AND FH II, LLC, FOR THE QUINCY STREET CHANNEL STAGE 4 LOCATED ON BRODIAEA
BOULEVARD EAST OF MORENO BEACH DRIVE. DEVELOPER: FH II, LLC (Report of: Public Works)
Recommendations:

1. Approve the Cooperative Agreement with the Riverside County Flood Control and Water Conservation District (District), the City of M oreno Valley (City), and FHI II, Inc. (Developer), for the Quincy Street Channel, Stage 4.

2. Authorize the City Manager to execute the Cooperative Agreement.

3. Direct the City Clerk to forward the signed Cooperative Agreement to the District.

A.11. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO CT&T CONCRETE PAVING INC. FOR FISCAL YEAR 2021 -22 ADA RAMP
IMPROVEMENTS, PROJECT NO. 801 0095 (Report of: Public Works) 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;
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2. Authorize the City Manager to execute a contract with CT&T Concrete Paving Inc.;

3. Authorize the issuance of a Purchase Order for CT&T Concrete Paving Inc. in the amount of $ 748,995.00 ($651,300.00 bid amount plus 15% contingency) when the c ontract 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.

Council Member Delgado stated 77 ramps will be repaired at 27 intersections.

Informed residents he has the map for viewing or can be viewed online.

Wanted to inform residents they will be seeing construction.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT

B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - REGULAR MEETING OF MARCH 1, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.

B.3. MINUTES - SPECIAL CLOSED MEETING OF MARCH 8, 2022 5:00 PM (See A.3)
Recommendation: Approve as submitted.

B.4. MINUTES - SPECIAL MEETING OF MARCH 24, 2022 4:00 PM (See A.4) Recommendation: Approve as submitted.

C. CONSENT CALENDAR - HOUSING AUTHORITY

C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

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Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - REGULAR MEETING OF MARCH 1, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.

C.3. MINUTES - SPECIAL CLOSED MEETING OF MARCH 8, 2022 5:00 PM (See A.3)
Recommendation: Approve as submitted.

C.4. MINUTES - SPECIAL MEETING OF MARCH 24, 2022 4:00 PM (See A.4) Recommendation: Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES

D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - REGULAR MEETING OF MARCH 1, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.

D.3. MINUTES - SPECIAL CLOSED MEETING OF MARCH 8, 2022 5:00 PM (See A.3)
Recommendation: Approve as submitted.

D.4. MINUTES - SPECIAL MEETING OF MARCH 24, 2022 4:00 PM (See A.4) Recommendation: Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY

E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - REGULAR MEETING OF MARCH 1, 2022 6:00 PM (See A.2) A.4
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Recommendation: Approve as submitted.

E.3. MINUTES - SPECIAL CLOSED MEETING OF MARCH 8, 2022 5:00 PM (See A.3)
Recommendation: Approve as submitted.

E.4. MINUTES - SPECIAL MEETING OF MARCH 24, 2022 4:00 PM (See A.4) Recommendation: Approve as submitted.

F. PUBLIC HEARINGS

Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.

F.1. PUBLIC HEARING TO APPROVE CDBG, HOME & ESG PROJECT SELECTIONS FOR INCLUSION IN FISCAL YEAR 2022/23 ANNUAL
ACTION PLAN (Report of: Financial & Management Services) 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.

Mayor Gutierrez ask for a report on item F.1 from the Financial and Management Services Division.

Acting City Clerk/Assistant City Manager /Chief Financial Officer/City Treasurer Brian Mohan provided a report on item F.1.

Mayor Gutierrez opens the floor for Council questions for staff.

Council Member Cabrera asked Acting City Clerk/Assistant City Manager /Chief Financial Officer/City Treasurer Brian Mohan if local non profit "Hole in the Wall" was an applicant and if they received funding.

Acting City Clerk/Assistant City Manager /Chief Financial Officer/City Treasurer Brian Mohan states they did not receive funding.

Council Member Cabrera states that was his only question.

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Mayor Gutierrez opens the hearing for public comments.

Jessica Munoz

1. Introduced herself as Executive Director of Voices for Children, a non-profit organization that trains and supports community members to serve as volunteer advocates for children in foster care.

2. Respectfully requested Council follow through with the recommendation to continue to fund Voices for Children through CDBG.

3. Thanked the City for their investment and their work, hopes to continue to partner with the City in the future.

Mayor Gutierrez closed public comments. States May 3rd will be the next public hearing for this item. Opens the floor for any Council questions.

Council Member Cabrera requested adjustments be made to include funding for "Hole in the Wall."
Mayor Gutierrez informed Council Member Cabrera the City has been t rying to partner with "Hole in the Wall" and provides equal opportunity to any non - profit to submit an application for funding. States the City is working diligently on the homeless issue.

G. GENERAL BUSINESS

H. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION

I. REPORTS

I.1. CITY COUNCIL REPORTS

(Informational Oral Presentation - not for Council action)

March Joint Powers Commission (JPC)
Council Member Delgado reported the following:

At the April 13th Commission meeting, the March JPC heard an update about Western Municipal Water District’s activities to address the looming drought.

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proposed changes to March Veterans Village. Finally, they approved staff’ s exploration of the sale of Parcel K-6, the Green Acres housing development.

Riverside County Habitat Conservation Agency (RCHCA)
None
Riverside County Transportation Commission (RCTC)
Mayor Gutierrez reported the following:

At the April 13th Commissi on meeting, RCTC found certain real properties owned by the Commission as surplus property and approved the Notice of Availability following State Code. No properties identified as surplus are within the City of Moreno Valley. Furthermore, the Commission authorized funding to provide free Metrolink passes to riders in Riverside County. Finally, the Commission awarded and agreement to the Center for Transportation and the Environment (CTE) to develop the Riverside County Zero -Emission Bus Rollout and Implementation Plans. Reports of full closure of 60 freeway heading towards Beaumont, on April 20th from 6:00am-2:00pm. Suggest to avoid area.

Riverside Transit Agency (RTA)
Council Member Marquez Reports:

At the April 6th RTA Administration and Operations Committee meeting, the Committee recommended that $2.5 million of LCTOP funds be allocated towards a Fare Promotions Program intended to reduce fares and increase ridership.

The item will go to future Board of Directors meeting for final action.

Additionally, the Committee received an update that additional funding is available for the Free Fares for Youth and College Students. The funding should be available through July 31, 2022.

Western Riverside Council of Governments (WRCOG)
None
Western Riverside County Regional Conservation Authority (RCA) None
School District/City Joint Task Force
None
I.2. CITY MANAGER'S REPORT

(Informational Oral Presentation - not for Council action)

City Manager Mike Lee Reports:

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City of Moreno Valley is holding the Household Hazardous and Electronic Waste Collection event on Saturday, April 23rd from 9:00am-2:00 pm at the City Yard.

Stated that over 100 local companies are looking to hire over 1,000 local jobs.

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, C OMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

Council Member Marquez

1. Shared that the homelessness problem is a national problem.

2. Stated that CalTrans is the agency responsible for taking care of the people experiencing homelessness on the freeway. Stated that the City’s hands are tied on this issue.

3. Shared his plan to speak with the new California Highway Patrol Comman der and CalTrans next week.

4. Praised City Staff on their quick response time to people experiencing homelessness within City borders.

5. Encouraged residents to dump their trash at specific dump sites.

Council Member Cabrera

1. Wished everyone a Happy Easter, April 17th.

2. Informed residents of the Moreno Valley Mall Revitalization Project, which has started production and is expected to be finished by the year 2026, thanked City Staff for their help on this project.

3. Stated that homelessness is a national problem, especially during today’s times.

4. Proposed building housing for individuals experiencing homelessness here in Moreno Valley.

5. Congratulated the Valley View High School Cheerleaders.

6. Acknowledged Sandals Church for their volunteer event, Dear California.

7. Advertised the Earth Day event taking place on Friday, April 22nd, where the City will be giving out tree saplings at the Community Garden.

8. Shared that the City of Riverside just wrapped up a competition that provided start-up funding for businesses, hopes Moreno Valley can create a similar program and partner with institutions like Cal Baptist University and UC Riverside to bring new businesses to the City.

Council Member Delgado

1. Praised the Valley View High School Cheerleaders and their Coach.

2. Shared that Heacock Street is being extended between Ironwood and A.4
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Parkland.

3. Shared that” The District” is almost done.

4. Expressed excitement towards the positive growth occurring in Moreno Valley.

5. Praised the Rally Around Fitness event at the March Middle School.

6. Celebrated 11 new hires and 10 promotions at the City.

7. Celebrated that tonight was a perfect example of the positive attitude needed to move Moreno Valley forward, encouraged everyone to continue this trend and focus on City business.

Mayor Gutierrez

1. Wished everyone a Happy Easter on April 17th.

2. Congratulated public safety officials who were recognized at tonight’s Special Presentations.

3. Expressed excitement for the development of the new Town Center located between Nason, Cottonwood and Alessandro, along with the other City developments.

4. Honored to be Mayor of the City of Moreno Valley during this time.

5. Thanked the Valley View High School Cheerleaders and their Coach for being in attendance and for persevering through their challenges.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Gutierrez adjourned the meeting at 7:16 p.m.

PUBLIC INSPECTION

The contents of the agenda packet are available f or public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open session agenda item that is known by the City to have been distri buted to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

There being no further business to come before the City Council , Mayor Gutierrez adjourned the meeting at 7:16 PM.

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Submitted by:

___________________________
Paul D. Bradvica
Deputy City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority

Approved by:

___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Report to City Council

ID#5768 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: May 3, 2022

TITLE: PURSUANT TO LANDOWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021-01 (PARKS MAINTENANCE) - (RESO.

NOS. CSD 2022- __ AND CSD 2022- __)

RECOMMENDED ACTION
Recommendation:

1. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moren o Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No.12) (Daniel Tellez Delucio, located at 27861 Spring Grove St.).

2. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territ ory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 14) (HF Logistics-SKX T2, LLC, located at the northeast corner of Redlands Blvd. and Eucalyptus Ave.).

SUMMARY

Adoption of the resolution s (Attachments 1 and 2) will certify the annexation of two parcels into Community Facilities District (CFD) No. 2021-01 ( Parks Maintenance) (“District”). This action impacts only the property owner s identified below, n ot the general citizens or taxpayers of the City.

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DISCUSSION

As a condition of approval for the development projects identified below, the applicants are required to provide an ongoing funding source for maintenance of certain public facilities (e.g., parks). The funding is used to mitigate the cost of the impacts creat ed by the proposed development.

On June 1, 2021, the CSD Board formed CFD No. 2021 -01, pursuant to the Mello-Roos Community Facilities Act of 1982. The District was created to provide the development community with an alternative funding tool to mitigate the impacts of their proposed development. If a property owner elects to annex the parcels of their developme nt into the District, they also authorize the CSD to annually levy a special tax, collected on the annual property tax bill, against property in the development project. Thus, satisfying the condition of approval.

On December 21, 2021 , the CSD Board adopted Ordinance No. 56, which designated the entire territory of the City as a future annexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner p rovides unanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.

An applicant has two options to satisfy the condition of approval:

1. The property owner s ubmits a Landowner Petition unanimously approving annexation of the property into the District. Approval of the petition and special tax rate allows the City to annually levy the special tax on the property tax bill of the property. This option is only available if there are fewer than 12 regist ered voters living within the proposed annexation area; or

2. The applicant funds an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation and provides for the ongoing operation and maintenance of parks facilities.

The Property Owners listed above elected to annex their property into CFD No. 2021-01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed the number of registered voters residing Property Owner
Project
ACP Record #s
Amendment
No. APNs Location
Daniel Tellez Delucio
Accessory Dwelling Unit (ADU)
PEN21-0098/SCP22-0002
12 304-510-023 27861 Spring Grove St.

HF Logistics-SKX T2, LLC
Skechers Building 2 – West Pavillion
PEN21-0205/SCP22-0009
14 488-350-055
Northeast corner of
Redlands Blvd. and
Eucalyptus Ave.

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at each property, allowing a special election of the landowner. Adoption of the resolutions (Attachments 1 and 2) amends the District and adds the property to the tax rate area identified in the Fiscal Impact section of this report . The resolutions also direct the recordation of the boundary map s (Attachments 3 and 4) and amended notice of special tax lien s for the amendments. The Election Official confirmed the Property Owners unanimously approved the annexation of their property into the District (Attachments 5 and 6).

ALTERNATIVES

1. Adopt the resolutions. Staff recommends this alternative since it will annex the propert ies into CFD No. 2021-01 at the request of the Property Owners and satisfy the condition of approval for the proposed developments.

2. Do not adopt the resolution s. Staff does not recommend this alternative because it is contrary to the request of the Property Owner s, will not satisfy the condition of approval, and may delay development of the projects.

3. Do not adopt the resolution s but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this alternative as it will delay the Property Owner s from satisfying the condition of approval and may delay development of the projects.

FISCAL IMPACT

Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters) have previously provided approval. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all of the properties within the affected tax rate area. The maximum special tax rates are detailed below.

Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2021/22
Maximum
Special Tax Rate
Daniel Tellez Delucio
Accessory Dwelling Unit (ADU)
PEN21-0098/SCP22-0002
12 Single-Family $291.59 per unit
HF Logistics-SKX T2, LLC
Skechers Building 2 – West Pavillion
PEN21-0205/SCP22-0009
14 Industrial $9.07 per 1,000 feet of
building square feet
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The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater.

However, the annual adjustment cannot be applied unless the CSD Board annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate area.

NOTIFICATION

The Landowner Petitions were emailed to the Property Owners on April 5 and 6, 2022.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager

Concurred by:

Jeremy Bubnick
Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing 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

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

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Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which cr eate a clean, inviting community.

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

1. Resolution Ordering Annexation - Amendment No. 12

2. Resolution Ordering Annexation - Amendment No. 14

3. Boundary Map - Amendment No. 12

4. Boundary Map - Amendment No. 14

5. Certificate of Election Official - Amendment No. 12

6. Certificate of Election Official - Amendment No. 14

APPROVALS

Budget Officer Approval ✓ Approved . 4/26/22 11:32 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/26/22 11:37 AM A.5
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1 Resolution No. 2022-___
Date Adopted: May 3, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPRO VING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 12 to Boundaries of Community Facilities District No. 20 21-01 ( Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

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Attachment: Resolution Ordering Annexation - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses rela ted to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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Attachment: Resolution Ordering Annexation - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

APPROVED AND ADOPTED this 3rd day of May 2022.

____________________________

Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

____________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

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Attachment: Resolution Ordering Annexation - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Paul Bradvica , Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regular ly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 3rd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

PAUL BRADVICA, SECRETARY

(SEAL)

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Attachment: Resolution Ordering Annexation - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Number
12 304-510-023
List of Annexation Parcel
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Attachment: Resolution Ordering Annexation - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

EXHIBIT B

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Attachment: Resolution Ordering Annexation - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: May 3, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPRO VING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 14 to Boundaries of Community Facilities District No. 20 21-01 ( Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CAL IFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

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Attachment: Resolution Ordering Annexation - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equi pment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117 .5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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Attachment: Resolution Ordering Annexation - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

APPROVED AND ADOPTED this 3rd day of May 2022.

____________________________

Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

____________________________
City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

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Attachment: Resolution Ordering Annexation - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Paul Bradvica , Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regular ly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 3rd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

PAUL BRADVICA, SECRETARY

(SEAL)
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Attachment: Resolution Ordering Annexation - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Numbers
14 488-350-055
List of Annexation Parcel
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Attachment: Resolution Ordering Annexation - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: May 3, 2022

EXHIBIT B

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Attachment: Resolution Ordering Annexation - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

MERIDIAN PLVIA ENTRADA

MORENO BEACH DRFAIR MEADOW LNMERIDIAN PLVIA ENTRADA
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Attachment: Boundary Map - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS,

ALDI PLSPRUCE AVE
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Attachment: Boundary Map - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, A.5.e
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Attachment: Certificate of Election Official - Amendment No. 12 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS A.5.f
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Attachment: Certificate of Election Official - Amendment No. 14 (5768 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS

Report to City Council

ID#5769 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Public Works Director/City Engineer

AGENDA DATE: May 3, 2022

TITLE: ADOPTION OF RESOLUTION TO ESTABLISH A
PROJECT LIST FOR THE FISCAL YEAR 2022/23 SENATE
BILL 1 FUNDING FOR CITYWIDE PAVEMENT
REHABILITATION AND PRESERVATION (RESO. NO.
2022-XX)

RECOMMENDED ACTION
Recommendations:

1. Adopt Resolution No. 2022 -XX – To establish a Citywide Pavement Rehabilitation and Preservation project list for submission to the California Transportation Commission for Fisc al Year 2022/23 Senate Bill (SB) 1 funding; and

2. Authorize the Public Works Director/City Engineer to make any minor adjustments to the limits of work and minor modifications to the project list, as necessary.

SUMMARY

Roadway maintenance remains a top pr iority for the City Council. This report is for adoption of a Resolution approving a list of street segments for pavement rehabilitation for submission to the California Transportation Commission (CTC) to receive funding from the Road Repair and Accountab ility Act of 2017, Senate Bill (SB) 1 for Fiscal Year 2022/23.

DISCUSSION

On April 28, 2017, the Governor signed SB 1 to address basic road maintenance, rehabilitation, and critical safety needs on state highways as well as local streets and roads. Fun ds are generated via fuel excise taxes and vehicle registration fees and a A.6
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portion are allocated by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects.

Prior to receiving the annual allocatio n of the formula -based SB1 funds, local agencies must submit a project list to the CTC prior to July 1, 2022. The project list must include a description and the location of each street segment, a proposed schedule for project completion, and the estimated useful life of the improvements. The project list does not limit the flexibility of an eligible city to fund projects in accordance with local needs and priorities so long as the projects are consistent with SB 1 funding priorities.

In addition to su bmitting a proposed list of projects to the CTC for approval, to remain eligible for SB1 funds, local agencies are required to:

• Submit annual documentation regarding completed projects • File an annual report of expenditures for street or road purposes with the State Controller’s Office
• Sustain a Maintenance of Effort (MOE)
• By July 1, 2024, follow guidelines developed by the California Workforce Development Board that address participation and investment in, or partnership with, new or existing pre-apprenticeship training programs

The City is scheduled to receive an estimated $4.77 million in SB 1 funding in Fiscal Year 2022/23 for the nearly $600 million pavement infrastructure . Currently, there is roughly $100 million of critical deferred maintenance needs, and $250 million overall, for the 505 centerline-miles of streets within the City’s 51 square mile boundary.

The street segments selected are from the updated Pavement Management Plan (PMP) Five-Year Look-Ahead approved by Council on January 19, 2021 . All PMP FY 2022/23 street segments not eligible for Community Development Block Grant funding have been identified for SB1 funding. Furthermore, in order to be prepared to maximize the available budget, additional street segments from the PMP FY 2023/24 and the PMP FY 2024/25 lists are to be included as additive bids but may not be constructed dependent upon bids received.

For the proposed segments, staff is also recommending that the City Council authorize the Public Works Director/City Engineer to m ake minor modifications to the limits of work on individual street segments to accommodate any changes in private property development of other conflicting Capital Improvement Plan projects that may arise prior to bidding the project for construction. Add itionally, staff recommends authorizing the Public Works Director/City Engineer to make minor modifications to comply with any changes in the CTC procedures or forms to avoid delays.

Consistent with the approved Momentum MoVal Strategic Plan, staff is t aking proactive steps to create an ongoing annual pavement preservation program with similar level of efforts in roadway maintenance.

ALTERNATIVES
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1. Approve the recommended actions as presented in this staff report. This alternative will allow timely proje ct list submittal for SB 1 for Fiscal Year 2022/23 funding and commence of citywide street pavement rehabilitation project.

2. Do not approve the recommended actions as presented in this staff report and provide alternate direction to staff. This alternative may jeopardize receiving of SB 1 funding for Fiscal Year 2022/23 and delay use of State funding to meet the Council’s priority to enhance the condition of City’s roadways.

FISCAL IMPACT

There is no fiscal impact for the recommended action items.

NOTIFICATION

All utilities, adjacent property owners, business owners, law enforcement, fire department, and other emergency services responders in the areas affected by the pavement rehabilitation will be notified in a timely manner prior to the start of construction work.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Quang Nguyen, P.E. Michael Lloyd
Senior Engineer Public Works Director/ City Engineer

Concurred By:

Melissa Walker, P.E.

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 hazardous 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 developing and executing programs which will result in quality development, en hanced 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 A.6
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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. FY 22.23 SB 1 Project List Resolution

APPROVALS

Budget Officer Approval ✓ Approved . 4/26/22 5:45 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/26/22 6:23 PM A.6
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1 Resolution No. 2022-XX
Date Adopted: May 3, 2022

RESOLUTION NO. 2022-XX

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2022/23 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City, is to receive an estimated $4.77 million in RMRA funding in Fiscal Year 2022/23 from SB 1; and

WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling p ublic that would not have otherwise been possible without SB 1; and

WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities, capital improvement needs, and the project list; and

WHEREAS, the City used several key criteria and a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost -effective projects that also meet the communities priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 45 street segments throughout the City this year and secure the implementation of similar needed projects into the future; and
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Attachment: FY 22.23 SB 1 Project List Resolution (5769 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR THE FISCAL 2 Resolution No. 2022-XX
Date Adopted: May 3, 2022

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at -risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge t echnology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City, State of California, as follows:

1. The foregoing recitals are true and correct.

2. Exhibit A is the list of newly proposed projects that will be funded in -part or solely with Fiscal Year 2022/23 Road Maintenance and Rehabilitation Account revenues.

APPROVED AND ADOPTED this 3rd day of May, 2022.

____________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST:

_______________________________
Paul Bradvica, Deputy City Clerk

APPROVED AS TO FORM:

_______________________________
Steve Quintanilla, Interim City Attorney
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Attachment: FY 22.23 SB 1 Project List Resolution (5769 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR THE FISCAL 3 Resolution No. 2022-XX
Date Adopted: May 3, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Paul Bradvica, Deputy City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No 2022-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 3 rd day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

PAUL BRADVICA, DEPUTY CITY CLERK

(SEAL)
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Attachment: FY 22.23 SB 1 Project List Resolution (5769 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR THE FISCAL

EXHIBIT A
4 Resolution No. 2022-XX
Date Adopted: May 3, 2022

CITY OF MORENO VALLEY FISCAL YEAR 2022/2023 PROJECT LIST No. Street Name From To
Pavement
Condition
Index (PCI)
Average
Daily
Traffic
(ADT)
Proposed Treatment Estimated
Cost
Anticipated
Completion
Date
Anticipated
Useful Life
Citywide Pavement Rehabilitation Program FY 22/23 Project Arterial and Collector Streets
1 Cottonwood
Avenue Lasselle St Morrison St 57 7,100 Local Repairs/ Slurry Seal $130,000
12/30/2023 5-10 Years
2 Dracaea Avenue Morrison St Nason St 56 5,500 Local Repairs/ Slurry Seal $120,000
3 Eucalyptus
Avenue Morrison St Nason St 57 11,000 Local Repairs/ Slurry Seal $120,000
4 Graham Street Cottonwood Av Alessandro Bl 57 9,300 Local Repairs/ Slurry Seal $150,000
5 Heacock Street Manzanita Av Parkland Ave 59 21,800 Local Repairs/ Slurry Seal $150,000
6 Ironwood Avenue Heacock St Indian St 59 14,800 Local Repairs/ Slurry Seal $120,000
7 John F. Kennedy
Drive Perris Boulevard Kitching Street 60 8,000 Local Repairs/ Slurry Seal $120,000
8 Graham Street Eucalyptus Av Cottonwood Av 29 9,300 Pavement Surface Replacement $280,000
12/30/2023 10+ Years
9 Sunnymead
Ranch Pky Pigeon Pass Rd Old Lake Dr 43 12,800 Pavement Surface Replacement $320,000
10 Bay Avenue Old Highway
215 Day St 33 5,500 Pavement Surface
Replacement $250,000
11 Brodiaea Avenue Heacock St Indian St 33 6,200 Pavement Surface Replacement $270,000
12 Brodiaea Avenue Perris Bl Lasselle St 33 5,800 Pavement Surface Replacement $350,000
13 Morrison Street Eucalyptus Av Cottonwood Av 28 19,900 Pavement Surface Replacement $420,000
14 John F. Kennedy
Drive
Championship
Dr Sevilla Ct 40 8,000 Pavement Surface
Replacement $310,000
Residential Streets
15 Crocker Circle Morrey Ln North End 70 n/a Local Repairs/ Slurry Seal $8,000
12/30/2023 5-10 Years
16 Edmonson Avenue Kalmia Av Ladd Av 65 n/a Local Repairs/ Slurry Seal $30,000
17 Evans Court Morrey Ln North End 65 n/a Local Repairs/ Slurry Seal $10,000
18 Gerald Lane Carrie Ln Pettit St 70 n/a Local Repairs/ Slurry Seal $10,000
19 Juniper Avenue Moreno Beach
Dr Pettit St 61 n/a Local Repairs/ Slurry
Seal $13,300
20 Knoll Vista Street Juniper Av North End 51 n/a Local Repairs/ Slurry Seal $15,000
21 Ladd Avenue Kalmia Av Edmonson Av 68 n/a Local Repairs/ Slurry Seal $10,000
22 Lindley Lane Morrey Ln Locust Av 65 n/a Local Repairs/ Slurry Seal $12,000
23 Morrey Lane Evans Ct Carrie Ln 61 n/a Local Repairs/ Slurry Seal $12,000
24 Pettit Street Juniper Av Locust Av 59 n/a Local Repairs/ Slurry Seal $8,000
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Attachment: FY 22.23 SB 1 Project List Resolution (5769 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR THE FISCAL

EXHIBIT A
5 Resolution No. 2022-XX
Date Adopted: May 3, 2022

No. Street Name From To
Pavement
Condition
Index (PCI)
Average
Daily
Traffic
(ADT)
Proposed Treatment Estimated
Cost
Anticipated
Completion
Date
Anticipated
Useful Life
Citywide Pavement Rehabilitation Program FY 22/23 Project Residential Streets
25 Via Colina Juniper Av North End 56 n/a Local Repairs/ Slurry Seal $12,000
12/300/2023 5-10 Years
26 Via Contenta Knoll Vista St North End 60 n/a Local Repairs/ Slurry Seal $10,000
27 Weber Avenue Kalmia Av Locust Av 41 n/a Local Repairs/ Slurry Seal $30,000
28 Elmwood Court Old Farm St South End 44 n/a Local Repairs/ Slurry Seal $10,000
29 Orchild Court West End Red Mahogany
Dr 45 n/a Local Repairs/ Slurry
Seal $10,000
30 Kurt Court Paige Av East End 30 n/a Local Repairs/ Slurry Seal $12,000
31 Nicole Ct Paige Av East End 45 n/a Local Repairs/ Slurry Seal $10,000
32 Paige Avenue J.F.K. Dr Kurt Ct 44 n/a Local Repairs/ Slurry Seal $11,000
33 Rex Street Stacey Av Kurt Ct 58 n/a Local Repairs/ Slurry Seal $12,000
34 Stacey Avenue Theresa Av East End 35 n/a Local Repairs/ Slurry Seal $13,000
35 Kalmia Avenue Moreno Beach
Dr Quincy St 38 n/a Pavement Surface
Replacement $75,000
12/30/2023 10+ Years
36 Quincy Street Kalmia Av Locust Av 85 n/a Pavement Surface Replacement $30,000
37 Valle Lindo Juniper Av Knoll Vista St 53 n/a Pavement Surface Replacement $30,000
38 Old Farm Street West End Red Mahogany
Dr 25 n/a Pavement Surface
Replacement $86,000
39 Silent Creek Drive West End Flaming Arrow
Dr 28 n/a Pavement Surface
Replacement $50,000
40 Silver Arrow Drive West End Flaming Arrow
Dr 29 n/a Pavement Surface
Replacement $68,000
41 Sugar Hill Road West End East End 25 n/a Pavement Surface Replacement $45,000
42 Filaree Avenue Indian St Gabriel St 28 n/a Pavement Surface Replacement $45,000
43 Gabriel Street Paige Av Katrina Av 45 n/a Pavement Surface Replacement $60,000
44 Karry Court Paige Av East End 24 n/a Pavement Surface Replacement $25,000
45 Tyann Court Gabbriel St East End 28 n/a Pavement Surface Replacement $14,000
TOTAL $3,896,300

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Attachment: FY 22.23 SB 1 Project List Resolution (5769 : ADOPTION OF RESOLUTION TO ESTABLISH A PROJECT LIST FOR THE FISCAL

Report to City Council

ID#5795 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Public Works Director/City Engineer

AGENDA DATE: May 3, 2022

TITLE: AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF
RIVERSIDE'S CONTRACT #PSA -0004078 WITH SC

COMMERCIAL, LLC DBA SC FUELS FOR GASOLINE AND

DIESEL FUEL DELIVERY FOR CITY VEHICLES &

EQUIPMENT

RECOMMENDED ACTION
Recommendations:

1. Approve the use (piggyback) of the County of Riverside ’s Agreement with SC Commercial, LLC dba SC Fuels through June 30, 20 27, for purposes of the negotiated fuel p rice only; all other terms remain per the City’s agreement with the company.

2. Approve a five-year fuel agreement with SC Commercial, LLC, dba SC Fuels for a total not-to-exceed amount of $2,500,000.

3. Authorize the issuance of annual purchase orders for SC Commercial, LLC dba SC Fuels each fiscal year of the Agreement term subject to funds available in the City Council approved Operating Budget; and

4. Authorize the Director of Public Works/City Engineer to execute any amendments, purchase orders and/ or chan ge orders, contingent upon approved budget and approval of the City Attorney.

SUMMARY

This report recommends the use of a piggyback agreement with SC Commercial, LLC dba SC Fuels under a previously executed agreement with the County of Riverside #PSA-0004078 for the negotiated fuel price only and the execution of an agreement between the City of Moreno Valley and SC Commercial, LLC dba SC Fuels for the A.7
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purchase of unleaded and diesel fuel for official City operational needs. It is in the best interests of the City to piggyback on the County of Riverside’s competitive award due to their purchase volume, which grants favorable pricing.

DISCUSSION

In fiscal year 21/22 the County of Riverside issued a Request for Proposals for fuel delivery services. The Cou nty of Riverside has competitively awarded a fuel agreement to SC Commercial, LLC dba SC Fuels. The agreement provides favorable pricing based on the County’s competitive award. Fuel companies typically permit smaller public agencies to piggyback onto exis ting contracts with larger agencies to receive such favorable pricing. The City wishes to enter into an agreement with SC Commercial, LLC dba SC Fuels utilizing the County of Riverside’s agreement for pricing only.

The County of Riverside’s RFP and award documents have been examined and indicate a competitive award was made to SC Commercial, LLC dba SC Fuels in 2022. The piggyback agreement provides fuel at Riverside County pricing. The approval of this agreement by City Council will allow for the issuing of a purchase order to SC Commercial, LLC dba SC Fuels per fiscal year for all City fuel needs.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative.

2. Do not approve and aut horize the recommended actions as presented in this staff report. This would require staff to seek an alternative piggyback agreement or attempt to negotiate an independent agreement without the County’s favorable pricing. This would result in an extended delay and cause a potential disruption in the City’s fuel supplies and essential City operations . Staff does not recommend this alternative.

FISCAL IMPACT
Portions of the expenses incurred through the Equipment Maintenance Fund are recovered through admi nistrative charges from the various operating activities utilizing fuel/diesel. Future budget years will be properly budgeted during the biennial budget process approved by Council.

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Description Fund GL Account No. Type
(Rev/Exp)
FY 21/22
Budget
Proposed
Adjustment
FY 21/22
Amended
Budget
Purchase of Fuel Fleet
Operations
7410-70-78-45370-630355 Exp $250,000 $200,000 $450,000
Purchase of Diesel Fleet
Operations
7410-70-78-45370-630356 Exp $33,834 $16,166 $50,000

DescriptionFund
GL Account
No.Type
(Rev/Exp)FY
22/23
BudgetProposed
AdjustmentFY
21/22 Amended
Budget

Purchase of Fuel Fleet
Operations
7410-70-78-45370-630355 Exp $250,000 $200,000 $450,000
Purchase of Diesel Fleet
Operations
7410-70-78-45370-630356 Exp $33,834 $16,166 $50,000

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Tyler Smith Michael Lloyd
Management Assistant Public Works Director/City Engineer

Concurred By:

Joseph Mattox
Maintenance and Operations Division Manger

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 hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Positive Environment. Create a positive environment for the develo pment of Moreno Valley's future.

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development
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2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
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1. SC Commercial LLC dba SC Fuels Agreement

APPROVALS

Budget Officer Approval ✓ Approved . 4/27/22 12:26 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/27/22 12:31 PM A.7
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1 City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES

This Agreement is made by and between the City of Moreno Valley , California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and SC Commercial, LLC dba SC Fuels, a Limited Liability Company, with its principal place of business at 1800 W. Katella Avenue , Ste. 400, Orange, CA 92867, hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:

RECITALS

A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional unleaded and diesel fuel delivery contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional unleaded and diesel fuel delivery contracting services, is licensed in the State of California, if applicable; C. City desires to engage Contractor to render such services for the professional unleaded and diesel fuel delivery contracting services as set forth in this Agreement; D. The public interest, convenience, necessity and general welf are will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.

TERMS

1. CONTRACTOR INFORMATION:

Contractor’s Name: SC Commercial LLC dba SC Fuels
Address: 1800 W. Katella Avenue, Ste. 400
City: Orange State: CA Zip: 92867
Business Phone: (714) 744-7140
Business License Number:

Federal Tax I.D. Number: 83-0751205

2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:

A. The Contractor’s scope of service is described i n Exhibit “A” attached hereto and incorporated herein by this reference.

B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.

C. Payment terms are provided in Exhibit “C” atta ched hereto and incorporated herein by this reference.

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 2 D. The term of this Agreement shall be from June 1, 2022 to June 30, 2027 unless terminated earlier as provided herein . The City acknowledges that it will not unreasonably withhold approval of the Contra ctor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non-performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.

3. STANDARD TERMS AND CONDITIONS:

A. Control of Work. Contractor is solely responsible for the content and sequence of the work, and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees.

B. Intent of Parties. Contractor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contractor to any right, benefit, or privilege applicable to any officer or employee of the City.

C. Subcontracting. Contractor may retain or subcontract for the services of other necessary contractors with the prior written approval of the City. Payment for such services shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the term s and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Contractor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sect ions 1770 through 1777.7].

D. Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

E. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the s ervices under this Agreement.

Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project or a threat to the safety of persons or property, shal l be promptly removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Brenda Tuttle.

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 3 F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Contractor’s Representative. Contractor hereby designates Brenda Tuttle, or his or her designee, to act as its representative for th e performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the s ervices, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination o f all portions of the s ervices under this Agreement.

H. Legal Considerations. The Contractor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services.

If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

I. Standard of Care; Performance of Employees . Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the sam e discipline in the State of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the s ervices.

Contractor warrants that all employees and subcontractor shall have sufficient skill and experience to pe rform the s ervices assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licen ses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.

J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs A.7.a
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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 4 and expenses , incurr ed in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Contractor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.

K. Additional Indemnity Obligations . Contractor shall defend, with c ounsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

L. Insurance Requir ements. The C ontractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII— Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California:

The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from a ny injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided f orm “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement

⊗ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its A.7.a
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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 5 control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:

Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate

⊗ Liability and Property Damage Insurance coverage for owned and non - owned automotive equipment operated on City/CSD/ Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit.

⊗ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appr opriate binder shall bear an endorsement containing the following provisions:

Solely as respect to services done by or on behalf of the named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Aut hority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with a ny other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers , under any third party liability policy

The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non -payment of premium shall require ten (10) days prior written notice by certified or registered mail.

In the event the insurance is canceled, the Contra ctor shall, prior to the cancellation date, submit new evidence of insurance in the amounts established.

M. Intellectual Property . Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor A.7.a
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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 6 agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and w ill not be released to third parties without the prior written consent of both parties.

N. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of warranties, expr essed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.

O. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue work through the date of termination, provided that no wor k or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date of termination for all non- objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.

P. Payment. Payments to the Contractor pursuant to t his Agreement will be reported to Federal and Stat e taxing authorities as required. The City will not withhold any sums from compensation payable to Contractor. Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and materials charges under the Agreement. S uch records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

Q. Restrictions on City Employees . The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 7 R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

S. Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

SC Commercial LLC dba SC Fuels
1800 W. Katella Avenue, Ste. 400
Orange, CA 92867
Attn: Brenda Tuttle

City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Maintenance & Operations Division

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

T. Time of Essence. Time is of the essence for each and every provision of this Agreement.

U. City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this project.

V. Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

W. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

X. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the parties.

Y. Counterparts. This Agreement may be signed in counterparts, each o f which shall constitute an original.

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 8 Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

AA. Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

BB Supplementary General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.

1. CONTRACTOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event CONTRACTOR violates or breaches terms of the Agreement.

2. CITY may terminate the Agreement for cause or for convenience, and CONTRACTOR may terminate the Agreement, as provided the General Conditions.

3. CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by CONTRACTOR.)

4. CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.)

5. CONTRACTOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).

6. CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).

7. CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 9 8. Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the CITY.

9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royalty-free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.

10. CONTRACTOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

11. CONTRACTOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.

12. CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)

13. CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).

SIGNATURE PAGE TO FOLLOW

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley SC Commercial LLC dba SC Fuels

BY: BY:

City Manager Robert W. Bollar

TITLE:

Corp. Sec. & VP

Date

Date

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Department Head

Date
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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 11 EXHIBIT A

CONTRACTOR SCOPE OF SERVICES

A. This Agreement between the City of Moreno Valley and Contractor is for professional unleaded and diesel fuel delivery contracting services, as set forth in County of Riverside’s agreement with SC Commercial LLC dba SC Fuels #PSA-0004078.

B. Normal delivery hours are 7:00am – 4:30pm Monday through Friday. No delivery shall be made on City holidays as follows:

New Year’s Day Veteran’s Day
Dr. Martin Luther King Jr Day Thanksgiving
President’s Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day Any additional non-delivery day as
determined by the City. (Prior notice to be given)

C. SC Commercial LLC dba SC Fuels will supply fuel, when available at their location or the local rack, in the event of a City of Moreno Valley emergency. In the event of a City emergency SC Commercial LLC dba SC Fuels can be contacted at (714) 744-7140

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 12 EXHIBIT B

CITY RESPONSIBILITIES

The City of Moreno Valley is responsible for the following:

A. Providing access to sites to perform services

B. Providing escorts at sites that require the presence of a City employee during work periods;

C. Providing purchase orders or other written authorization to confirm the approval of services;

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 13 EXHIBIT C

TERMS OF PAYMENT

1. The Contractor's compensation shall not exceed $2,750,000.

Fuel pricing is based on piggy backing on the County of Riverside’s agreement with SC Commercial LLC dba SC Fuels #PSA-0004078. Pricing is as follows:

Unleaded: OPIS Daily Rate + 0.125
Diesel: OPIS Daily Rate + 0.125
Delivery fee of $181.00 per delivery
Delivery receipts will include that day’s OPIS rate report.

2. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
http://www.moval.org/do_biz/biz-license.shtml

3. The Contractor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices to Accounts Payable staff at [email protected] Accounts Payable questions can be directed to (951) 413-3073.

Copies of invoices may be submitted to the Maintenance & Operations Division at
[email protected] or calls directed to (951) 413-3160.

3. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City.

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S 14 Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late ch arges, or other penalties.

The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

4. The minimum information required on all invoices is:

A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.

6. The City shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

7. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

8. Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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Attachment: SC Commercial LLC dba SC Fuels Agreement (5795 : AUTHORIZE THE PIGGYBACK USE OF THE COUNTY OF RIVERSIDE'S

Report to City Council

ID#5787 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Public Works Director/City Engineer

AGENDA DATE: May 3, 2022

TITLE: AUTHORIZATION TO AWARD AGREEMENTS TO CASC
ENGINEERING AND CONSULTING, INC. AND CWE FOR

CONSULTANT PLAN CHECK SERVICES OF

PRELIMINARY AN D FINAL WATER QUALITY

MANAGEMENT PLANS FUNDED BY DEVELOPMENT
FEES

RECOMMENDED ACTION
Recommendations:

1. Approve each Agreement for Project Related Services with CASC Engineering and Consulting, Inc. (CASC), and CWE, to provide on -call engineering plan check consultant services of Preliminary and Final Water Quality Management Plans (P-WQMP and F-WQMP) for the Land Development Division.

2. Authorize the City Manager to execute each Agreement for Project Related Services with CASC and CWE, subject to the approval of the City Attorney.

3. Authorize the issuance of a Purchase Order to CASC and CWE in the amount of $50,000 each, and authorize the Chief Financial Officer to approve subsequent related purchase orders for annual extensions up to a maximum of four annu al extensions with CASC and CWE not to exceed $50,000 annually, in accordance with the approved terms of the Agreement.

4. Authorize the Chief Financial Officer to make any necessary budget adjustment appropriations related to expenditures and offsetting revenues.

5. Authorize the Public Works Director/City Engineer to execute any subsequent extensions and/or amendments to the Agreement, subject to the approval of the City Attorney.

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SUMMARY

This report recommends approval of each agreement with CASC and CWE to provide on-call engineering plan check consultant services of Preliminary and Final Water Quality Management Plans (P-WQMP and F-WQMP) associated with new development and significant redevelopment projects for the Land Development Division. The firms were selected following review, rating and reference checks of proposals submitted to the City. The Land Development Division currently relies on consultants for timely review of WQMPs.

DISCUSSION

Currently, WQMPs are being reviewed by consultants. The current consultant contract is on its final extension and will expire on June 30, 2022. The plan check consultants will assist the Land Development Division staff in order to maintain the division’s goal of a timely plan review turn -around. The plan chec k services are fully recoverable and paid by the developers/landowners.

On March 2, 2022, the Request for Proposals (RFP) for Professional Consultant Services for Plan Check of Preliminary Water Quality Management Plans (P -WQMP) and Final Water Quality Management Plans (F-WQMP) was advertised on Planet Bids.

On March 29, 2022, the City received six (6) proposals in response to the RFP.

Pursuant to the Moreno Valley Municipal Code procedures for professional services procurement, a selection committee, comprised of City staff, reviewed and rated all proposals according to the criteria established.

Following the evaluations, CASC and CWE were selected as the most qualified consultants to provide WQMP plan check consultant services after negotiation of a fair and reasonable price. The selected consultants present an ability to provide the services on time and within budget. The specific services to be provided include:
• Providing P -WQMP and F -WQMP Plan Check services pursuant to the requirements establis hed in the latest Water Quality Management Plan – A Guidance Document for the Santa Ana Region of Riverside County; • Reviewing P -WQMP and F -WQMP submittals, and meeting with developers, their representatives, and City staff when requested by the City; • Providing the Stormwater Program Manager or his/her designee with a Project Status Log update each week; and
• Assisting the City in the implementation of the WQMP program.

Since the current Procurement Policy (Policy #3.18, Section VI.B.3) allows the original agreement to be extended for four additional one -year terms, the total potential value of the Agreements is being taken into consideration when determining signature authority.

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Staff recommends that the City Council award the Agreements with CASC and CWE t o provide WQMP plan check consultant services, authorize the City Manager to execute the Agreements, and authorize the Public Works Director/City Engineer to execute any future extensions or amendments, as well as associated purchase orders, in accordance with the terms of the Agreement and the recommendations authorized by this staff report. Such extensions and amendments will only be entered into upon determination that sufficient funding appropriations and program approvals have been granted by the City Council, demonstration by the consultant of having provided satisfactory performance of the services, and both the City and the consultant mutually agree to extend the Agreement.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report.

Staff recommends this alternative as it will help achieve the Land Development Division’s goal of a timely plan review turn-around for development projects.

2. Do not approve and do not authorize the recommended actions as presented in thi s staff report. Staff does not recommend this alternative, as it would hinder the Land Development Division’s goal of a timely plan review turn-around and could cause the delay of development projects through the approval process.

FISCAL IMPACT

The amou nt spent for professional consultant plan check services is funded through revenue received from the City’s WQMP plan review fees in connection with services requested by developers/landowners. The cost of the required plan check services are fully recoverable and paid by the developers/landowners. Each plan check consultant receives compensation based on a Not -to-Exceed Fee. It is recommended that any necessary future budget adjustment appropriations be made related to the expenditures and offsetting revenues. There is no negative impact to the General Fund.

NOTIFICATION
Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Zara Terrell Michael Lloyd, P.E.

Management Analyst 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 A.8
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CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, 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 attachmen ts, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Agreement for Project Related Services - CASC

2. Agreement for Project Related Services - CWE

APPROVALS

Budget Officer Approval ✓ Approved . 4/26/22 5:49 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/26/22 6:22 PM A.8
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Attachment: Agreement for Project Related Services - CWE (5787 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROJECT RELATED A.8.b
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Attachment: Agreement for Project Related Services - CWE (5787 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROJECT RELATED

Report to City Council

ID#5810 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director

AGENDA DATE: May 3, 2022

TITLE: APPROVE PROFESSIONAL SERVICE AGREEMENTS
WITH DATA TICKET, INC. FOR ADMINISTRATIVE AND

PARKING CITATION PROCESSING SERVICES WHICH

ARE FUND ED THROUGH COST RECOVERY FROM

CITATION REVENUES

RECOMMENDED ACTION
Recommendations:

1. Approve the five -year agreements with Data Ticket, Inc., for administrative and parking citation processing services in amounts not -to-exceed $565,000 and $675,000, re spectively, and authorize the City Manager, or his designee, to execute the agreements and any subsequent amendments, subject to the approval of the City Attorney, in accordance with approved terms of the agreements.

2. Authorize the Purchasing Division Mana ger, or her designee, to approve Purchase Orders to Data Ticket, Inc., in accordance with the approved terms of the Agreement. Contract costs are offset through cost recovery from administrative citations and parking citations.

3. Authorize the Chief Financi al Officer, or his designee, to make any necessary budget adjustments as set forth in the Fiscal Impact section of this report.

SUMMARY

The City has utilized quality vendors to provide citation processing services supporting the parking and administrativ e citation operations. These vendors provide quick and efficient citation tracking, payment, acceptance, appeal processing, and collections, ensuring a high level of customer service.

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This report recommends approval for five -year agreements with Data Tick et, Inc. to provide administrative and parking citation processing services following competitive Requests for Proposal processes.

DISCUSSION

The Community Enhancement and Neighborhood Services Division administers the City’s Parking Enforcement Program and administrative citation processing vendor contracts on behalf of the City. In 2001, the City has utilized private vendors for parking and administrative citation processing, ticket printing, and miscellaneous citation services related to the Parking Control Program and administrative citation issuance.

These services are budgeted annually as general fund expenditures. Annual revenues are collected through various City Departments/Divisions when citations are issued for non-compliance with the City’s Mu nicipal Code, street sweeping, parking codes, and adopted building codes. Annual revenues are established during the City’s biennial budget process and exceed expenditures necessary to offset program costs.

Currently, Data Ticket, Inc. processes all parki ng citations and administrative citations for the City’s Community Enhancement, Parking Enforcement, Parks and Recreation, Animal Services, and Fire Prevention Divisions, and the Moreno Valley Police Department. These agreements expire on June 30, 2022.

Two Requests for Proposal (RFPs) were issued on February 24, 2022, for parking citation and administrative citation processing services. Only one response was received from Data Ticket, Inc. for each RFP. The responses were evaluated based on general experi ence and qualifications, personnel experience, understanding of the scope of the requested service, and cost.

The scope s of service include, but are not limited to, the following (a full range of services can be found in the attached agreements):
• Citation processing services
• Nationwide DMV access
• Delinquent collections
• Adjudication scheduling and services
• Electronic ticket writers (hand-held field devices)
• Franchise Tax Board collections

Data Ticket, Inc. was selected to continue to provide the services b ased on the criteria fully outlined within the RFPs.

ALTERNATIVES

1. Approve the agreements with Data Ticket, Inc. for parking citation and administrative citation processing services and authorize the recommendations in this report. Staff recommends this alternative as it continues the existing level of A.9
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service for citation processing across many divisions and departments while maintaining positive revenue.

2. Do not approve and authorize the agreements to Data Ticket, Inc. and provide staff with furthe r direction. This alternative is not recommended by staff as it would significantly impact the issuance and processing of citations and substantially reduce revenue.

FISCAL IMPACT

The City Council allocates the parking citation and administrative citati on program expenditure budgets through the two -year budget cycle. Funding remains contingent on continued approval and appropriation from City Council.

Approval of staff recommendations will obligate the City to the Fiscal Year 2022/23 increased expenditure of $52,500 for administrative citation processing services.

This Agreement does not further impact the requested General Fund budget amount for parking citation services, and no budget amendment is being requested for parking citation processing.

Contract costs are offset through cost recovery from administration citations and parking citations.

Description Fund GL Account
Project Number Type
FY22/23
Amended
Budget
FY22/23
Proposed
Adjustment
FY22/23
Revised
Budget
Technical Svcs -
Parking
General
Fund
1010-20-26-20110-620810 EXP $165,000 $26,250 $191,250
Technical Svcs -
Admin
General
Fund
1010-20-26-20110-620820 EXP $55,000 $26,250 $81,250
Technical Svcs -
Admin
General
Fund
1010-20-26-20110-500900 REV $275,000 $26,250 $301,250
Technical Svcs -
Parking
General
Fund
1010-20-26-20110-501020 REV $1,200,000 $26,250 $1,226,250

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Steve Alvarado Manuel A. Mancha
Building Division Manager/Official Community Development Director

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CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighb orhood 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. Agreement Data Ticket - Admin Cites

2. Agreement Data Ticket - Parking Cites

APPROVALS

Budget Officer Approval ✓ Approved . 4/27/22 7:26 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/27/22 8:53 AM A.9
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1 City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES

This Agreement is made by and between the City of Moreno Valley , California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and DATA TICKET, INC., a CORPORATION, with its principal place of business at 2603 MAIN ST., SUITE 300, IRVINE, CA 92614 , hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:

RECITALS

A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. This Agreement was procured pursuant to that certain Request for Proposals #2022- 047 dated February 24, 2022 (“RFP”);
C. Contractor desires to perform and assume responsibility for the provision of professional administrative citation processing services contracting services required by the City on the terms and conditions set forth in this Agreement and RFP. Contractor represents that it is experienced in providi ng professional administrative citation processing services contracting services, is licensed in the State of California, if applicable;
D. City desires to engage Contractor to render such services for the administrative citation processing services as set forth in this Agreement; E. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
F. This Agreement is made and entered into effective the date the City signs this Agreement.

TERMS

1. CONTRACTOR INFORMATION:

Contractor’s Name: Data Ticket, Inc.

Address: 2603 Main St., Suite 300
City: Irvine State: CA Zip: 92614
Business Phone: 949.428.7240 Fax No. 949.281.3195
Other Contact Number: n/a
Business License Number: 12518
Federal Tax I.D. Number: 93-1010811

2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:

A. The Contractor’s scope of service is descr ibed in Exhibit “A” attached hereto and incorporated herein by this reference and as set forth in the RFP.

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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 2 B. The City’s responsibili ties, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.

C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.

D. The term of this Agreement shall be from July 1, 2022 to June 30, 2027 unless terminated earlier as provided herein . The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non -performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.

E. In the event of conflict or ambiguit y, the following order of precedence shall control: RFP, Agreement, and Scope of Services set forth in Exhibit “A”.

3. STANDARD TERMS AND CONDITIONS:

A. Control of Work. Contractor is solely responsible for the content and sequence of the work, and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees.

B. Intent of Parties. Contractor is, and at all ti mes shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contractor to any right, benefit, or privilege applicable to any officer or employee of the City.

C. Subcontracting. Contractor may retain or subcontract for the ser vices of other necessary contractors with the prior written approval of the City. Payment for such services shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Contractor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].

D. Conformance to Ap plicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

E. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the services under this Agreement.

Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

As discussed below, any personnel who fail or refuse to perform the services in A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 3 a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project or a threat to the safety of persons or property, shal l be promptly removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Heather Nowlan, Director Client Services, P roject Manager , Brook Westcott, Chief Operating Officer & Supplemental Project Manager, Wanda Stone, IT Manager, Bradley Miller, Mobile Support Manager, and Serena Smith- Banas, Client Relations Coordinator.

F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Contractor’s Representative. Contractor hereby designates Brook Westcott, Chief Operating Officer, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative” ).

Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coord ination of all portions of the services under this Agreement.

H. Legal Considerations. The Contractor shall co mply with applicable federal, state, and local laws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services.

If the Contractor performs any work knowing it to be contrar y to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

I. Standard of Care; Performance of Employees . Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the s ervices.

Contractor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the s ervices assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of thi s Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project, a threat to the safety of persons or property, or any employee who A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 4 fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.

J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority , and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, ca uses of action and demands (collectively, “Claims”), including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement and this Agreement, including without limitation any and all Claims relating to any determination that Contractor, or any person acting on behalf of Contractor in performan ce of this Agreement, should have been enrolled in CalPERS as an employee, and any related penalties and/or fees associated therewith; except for claims arising solely from city’s sole negligence, recklessness or willful misconduct. Acceptance of this Agreement signifies that the Contractor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.

K. Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or institut ed against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD , and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

L. Insurance Requir ements. The C ontractor will comply wi th the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California:

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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 5 The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement

 General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:

Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate

 Professional Errors and Omission Insurance —such coverage shall not be less than $1,000,000 per claim and $2,000,000 aggregate.

 Liability and Property Damage Insurance coverage for owned and non - owned automotive equipment operated on City/CSD/ Housing Authority premises. Such coverage limits shall not be less than $ 1,000,000 combined single limit.

 A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endors ement containing the following provisions:

Solely as respect to services done by or on behalf of the named insured fo r the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Authority , and the Moreno Valley Commu nity Services District, their officers, employees and agents are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, its officers, employees and agents, under any third party liability policy
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 6 The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that ca ncellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail.

In the event the insurance is canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts established.

M. Intellectual Property . Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance o f this Agreement. The City and the Contractor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both partie s. Without limiting the generality of the forgoing, all ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without prior written consent of the City, be used by Contractor for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is gener ally known, or has become known, to the related industry shall be deemed confidential.

Further, Without limiting the generality of the forgoing, all plans, studies, documents, information and other writings prepared by and for Contractor, its officers, em ployees and agents and subcontractors in the course of implementing the services (“City Data”) , except working notes and internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party.

Contractor shall, at its expense, provide such reports (including any electronic copies), plans, studies, documents and other writings to the City upon written request. Additionally, Contractor shall not use City’s insignia or photographs related to the project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement and/or other similar medium without the prior written consent of City.

N. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 7 warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.

O. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue work through the date of termination, pr ovided that no work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date o f termination for all non -objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, th e Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) da ys of the request. Upon any event of termination, and assuming Contractor is hosting database portion of any related software or otherwise is in control of City data, Contractor will make all City data available to City for electronic retrieval via a Microsoft SQL Server database export for a period of sixty (60) days at no additional cost to City, in format reasonably requested by City.

(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such t erms and in such manner as it may determine appropriate, similar to those terminated.

P. Payment. Payments to the Contractor pursuant to this Agreement will be reported to Federal and Stat e taxing authorities as required . The City will not withhold any sums from compensation payable to Contractor. Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and materials charges under the Agreement. Such records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

Q. Restrictions on City Employees . The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.

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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 8 R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement sha ll be brought in the appropriate court located in Riverside County, State of California.

S. Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Data Ticket, Inc.
2603 Main St., Suite 300
Irvine, CA 92617
Attn: Brook Westcott, Chief Operating Officer

City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Community Enhancement Manager/Supervisor

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

T. Time of Essence. Time is of the essence for each and every provision of this Agreement.

U. City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this project.

V. Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

W. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

X. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the parties.

Y. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 9 Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

AA. Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or trans ferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

BB. Civil Code Section 1542 Waiver . Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

______
Initials

This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

CC. CalPERS Retiree Disclosure. Contractor hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Contractor who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retire ment allowance, which may provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.

DD. Contractor’s Obligation to Maintain Documents. Contractor shall retain all citation dispositions, including appeal paperwork, if any, for a minimum of two (2) years from the disposition/hearing date. Such records and related data shall be available for reasonable inspection and audit by the City online or at the Contractor’s location at reasonable times upon notice to Contractor.

SIGNATURE PAGE TO FOLLOW

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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Data Ticket, Inc.

BY: BY:

Mike, Lee, City Manager

TITLE:
(President or Vice President)

Date

Date

BY:

TITLE:

(Corporate Secretary)

Date

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Department Head
(if contract exceeds 15,000)

Date
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 11 EXHIBIT A

SCOPE OF SERVICES
I. General
A. The City of Moreno Valley is a municipal governmental agency that provides services to approximately 210,000 residents in Moreno Valley.

In addition, the City maintains several hundred miles of public streets, City parks and libraries spread throughout its 52 sq. mi.

B. The City of Moreno Valley’s Community Enhancement and Neighborhood Services Division responds to citizen complaints and proactively identifies code violations on public and private property, protecting the health and safety of the community. This division also ensures voluntary resolution of issues Citywide by enforcing the City’s municipal codes.

C. The City of Moreno Valley issues approximately 1,600 Administrative Citations annually. Citations are paid by phone, online, mail, or in person.

D. The Community Enhancement & Neighborhood Services Division requires support in the specialized areas delineated herein and will collaborate with a professional, qualified Contractor to fulfill the Scope of Work.

E. The full, contracted Scope of Work shall be negotiated with the selected firm based on the services proposed by firm and/or required by the City.

F. The City is under contract with its current Contractor through June 30, 2022. The contract awarded through this RFP will be for a term not to exceed five years beginning July 1, 2022, unless terminated in accordance with the terms of the Agreement.

G. The Contractor shall be a highly qualified firm experienced in citation processing services in support of municipal administrative citation operations.

1. Services include, but are not limited to: technology-assisted (handheld) administrative citation issuance; manual, paper administrative citation issuance; administrative citation tracking; online, phone, mail, and in-person payment acceptance;
administrative citation appeal processing (including administrative hearings to be held by phone, electronically with video conference software, and/or in person at a City facility); and collections.

2. The intent is to quickly, efficiently, and proactively manage all administrative citations with a high level of customer service.

H. Proposals should reflect expertise managing such programs and clearly state recent related experience.

A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 12 I. The Contractor shall have the ability and experience to establish, maintain, and act as the City’s Public Contact Unit (PCU) in the California Franchise Tax Board’s (FTB) Interagency Intercept Collection Program (IIC).

J. The Contractor shall have the ability and experience to establish, maintain, and participate in the California Franchise Tax Board’s (FTB) Secure Web Internet File Transfer (SWIFT) system.

K. Contractor shall be able to provide, support, warranty, and replace/repair handheld ticket writers with necessary citation issuance software.

L. Contractor shall meet all requirements of the specifications contained herein, in addition to those set forth in applicable federal, state and local laws, rules and regulations, including without limitation all legislated mandates by the State of California , County of Riverside, a nd local City Municipal Code.

M. No portion of the contract shall be permitted to be subcontracted without the express prior written approval from the City.

1. Contractor must disclose the nature of work being subcontracted and the name of the private or public agency.

2. Contractor shall be responsible for ensuring that any subcontractor used operate within the terms of the agreement, and Contractor shall continue to be liable for such services and obligations, and shall not be relieved of any obligation.

N. Contractor shall furnish personnel, materials, and supplies in connection with processing of administrative citations for municipal code violations pursuant to the laws of the State of California and local ordinances.

II. Specific
A. Citation Processing

1. Ability to process electronic and handwritten/manual, paper citations; and maintain relevant citation information for periods and in a manner required by law and/or City policy.

2. Such maintained citation records shall contain, at a minimum:
payment information and history, collection efforts, disposition, appeal history, outstanding collections record, and any information necessary to maintain an audit trail.

3. For administrative citations issued electronically through handheld units, citation submittal shall update the system in real time.

4. For administrative citations issued handwritten/manually, Contractor shall update the system within two (2) business days of receipt of the citation submittal from the City, or immediately A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 13 notify the City with all citations unable to be processed for any reason (e.g. no violation code; illegible handwriting; missing information, etc.).

5. Contractor shall provide collection services, including delinquent collection and reporting to credit agencies and/or the California Franchise Tax Board (FTB).

6. Contractor shall, in their Proposal, demonstrate sufficient experience in processing Administrative Review requests, including Review Notification content.

7. Contractor shall provide administrative adjudication hearing services, held by phone, electronically with video conference software, and/or in person at a City facility, and appeal management including qualified hearing officers.
a) Contractor shall provide all necessary equipment and personnel for administrative adjudication hearings
including, but not limited to: Hearing Officer; computers; audio recording devices.
b) Hearings shall be a minimum of four (4) hours
scheduled/held at least one time (1) per quarter or in
accordance with state law.
c) The City’s responsibility shall only be to provide hearing packets and the hearing facility at no cost to the Contractor. d) Contractor shall, in their Proposal, provide an overview of hearing adjudication procedures to demonstrate sufficient experience.

8. Authorized representatives at the City shall have sole authority to hold/suspend or void administrative violations and/or citations.

9. Contractor shall be responsible fo r correcting all system malfunctions and errors attributable to the Contractor, at no cost to the City.

10. Contractor shall maintain separate accounts, billings, records, and citation formats for each Department/Division as provided by the City.

11. Contractor shall, in their Proposal, d efine the types and number of collection letters submitted, including the timeframe in which those collection letters are sent.

12. Contractor shall provide, at no cost to the City, training and materials for all operations of access, usage, and equipment provided, including but not limed to: features, inquiry of citation database, data entering/editing, and use of any citation handheld units/printers.

A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 14 B. Customer Service

1. The Contractor must adhere to the City’s Customer Care Standards (separate attachment in Planet Bids) , made part of this RFP, in all interactions with citation recipients and City personnel.

2. Contractor shall provide efficient, courteous, and professional service for all customer interactions and correspondence.

3. Contractor shall provide an automated, toll -free phone number, available 24/7 in English and Spanish, for citation recipient inquiries, acceptance of citation payments, and providing real -time citation information.

4. Live o perator assistance shall be provi ded during regular City business hours, Monday through Friday, 7:30 A.M. to 5: 30 P.M. (Pacific Time), excluding City holidays.

5. Customer service representatives shall be available in both English and Spanish to provide instructions and information on general administrative citation policies and procedures, to handle complaints, and provide how to pay or contest citation information.

For complaints, a telephone response shall be provided within one (1) business day.

C. Technology

1. Contractor shall provide a syste m with sufficient security to maintain confidentiality and restrict access only to authorized users.

Contractor shall include a description of such security measures in their proposal.

2. Contractor shall maintain effective procedures of internal control , back-up provisions, and disaster recovery in accordance with industry best practices . Contractor shall include a description of such measures in their proposal.

3. The system shall provide password protection for each user and limit system capabilities and functions per user.

4. Access must be available using a standard PC. No additional software shall be required by the City to access the Contractor’s system.

5. The system shall be capable of adding phone/conversation notes to each citation. Note s should capture the date, operator, reason for call, and any comments. The system must accommodate multiple notes per citation and notes must be able visible to City.

6. Contractor shall offer citation recipients online access to review individual citations, pay citations electronically, and appeal online.

A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 15 7. The system shall be dynamic and capable of adapting to changes in policy, fees, user preferences, or future changes in processing requirements as directed by the City.

8. The Contractor shall provide the City with unlimited user accounts at no cost.

9. Technical Support
a) Contractor shall p rovide, at no additional cost to City, technical support and troubleshooting assistance for any and all hardware and software used by the City.
b) Technical support and assistance mu st be available during regular City business hours, Monday through Friday, 7:30 A.M. to 5:30 P.M. (Pacific Time), excluding City holidays.

10. Upon any termination, and assuming Contractor is hosting database portion of the software or otherwise is in control of City Data, Contractor will make all City Data available to City for electronic retrieval via a Microsoft SQL Server database export for a period of sixty (60) days at no additional cost to City.

D. Financial

1. Contractor shall intake payments for citations and shall handle in accordance with the City’s financial requirements herein.

2. Contractor shall accept payments by mail, phone , or an online internet-based payment system. This online system shall comply with any applicable requirements for adequate security of personal information.

3. The system shall have the ability to allow the citation recipient to pay for a citation using a debit or credit card for on-line payments.

4. Citation recipients also have the option to pay by check via mail, or in-person at City Hall.

5. All administrative citation payments collected, including fines, penalties, or bail amounts, shall be marked “paid” in real -time, immediately upon receipt.

6. The postmark date of mailed payments shall be the criteria to establish any delinquent fees due.

7. Deposits must be made in the City’s required format and in a time and manner specified by the City. City shall have the ability to access all accounting reports remotely.

8. Collection and Deposit of Funds
a) The Contractor shall deposit da ily collected citation funds directly into a City account with deposit slips provided by the City.

A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 16 b) Deposits shall be made directly into the account by the Contractor for the City, with the exception of credit card payments.
c) All deposits shall be made at full citation amount (including any accrued penalties) and will not be adjusted for any costs. d) Contractor shall indicate all applicable citation numbers on checks deposited to the City.

9. Credit Card/ACH Payments
a) Credit card/ACH payments shall be directly dep osited into an account held by Contractor with monthly payment to the City. b) Credit card/ACH payments are reconciled and remitted monthly to the City within the first ten (10) calendar days after the close of the month, but tracked on the citations manageme nt software system on a daily basis.
c) Any credit card/ACH fees shall be assumed by the
Contractor, or the end user.

10. Invoicing
a) Contractor shall submit monthly invoices for costs, fees, and/or services rendered.
b) Invoices shall be submitted to appropriate
Department/Division as provided by the City within the
first ten (10) calendar days after the close of the month.

11. The Contractor shall adhere to § 1.10.080 Civil fines — Amount and penalties in the City of Moreno Valley Municipal Code , as may be amended in City’s sole and absolute discretion.

12. Postal Rate Adjustment – The Contractor will maintain auditable records to document the Contractor’s actual postage costs associated with the mailing of all notices for unpaid citations and for other mailings related to the processing of correspondence. a) If there is a postal rate adjustment during the term of the Agreement, that adjustment will be invoiced effective on the date that the postal rate adjustment goes into effect. b) City shall be notified in writing 30 days prior to any proposed postal rate increases.

E. Forms/Notices/Correspondence

1. Contractor s hall provide the necessary mailed correspondence in strict accordance with the City’s requirements, and the ability to track forms to meet all applicable state and local laws regarding citation processing and adjudication.

A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 17 2. Contractor shall work with City t o develop all notices generated , formatted, and mailed to debtors including layout and content. The City has final approval over letter content including text and layout.

The system shall maintain a copy of all correspondence mailed and the mailing dates.

3. All notices and letters must include an interior envelope for return.

The notices must meet all U.S. Postal Service requirements and are subject to approval by the City.

4. All notices, follow-ups, and correspondence shall be sent to citation recipient in acc ordance will all applicable laws and industry best standards.

5. Contractor will receive and shall review all correspondence, including public inquiries (e.g. electronic, paper, phone, etc.).

These include but are not limited to: appeal requests, refund requests, or void requests. Contractor shall research inquiries for handling and determine needed actions.

F. Reporting

1. System shall be able to produce standard business operational reports. The system must be capable of exporting all data in the system in a portable document format (“PDF”), comma-separated value (“CSV”), or similar, industry standard format.

2. Contractor agrees to provide assistance and support in the design and creation of any report requested by City, at no cost to City, that are not already a part of your system’s standard, canned reporting features.

3. Reconciliation Report: Deposit report that supports amounts deposited into City’s account shall be available. The system must be capable of exporting all data in the system in a comma -separated value (“CSV”) or similar, industry standard format.

4. Revenue Report: A monthly revenue report listing all revenue received during the preceding month shall be available. The system must be c apable of exporting all data in the system in a comma - separated value (“CSV”) or similar , industry standard format.

Report shall also provide information regarding the City’s responsibility for any taxes on collected funds.

5. FTB Interagency Intercept Collec tion Program (IIC) Offset Payment(s) report for lottery, personal income tax, and unclaimed property by transaction date.

6. Contractor shall retain all citation dispositions, including appeal paperwork, if any, for a minimum of two (2) years from the disposition/hearing date. Such records and related data shall be available for reasonable inspection and audit by the City online or A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 18 at the Contractor’s location at reasonable times upon notice to Contractor.

G. General

1. Attend City meetings as needed, or when reques ted at Contractor’s own expense (at minimum via phone conference). This includes but is not limited to, transportation, lodging, meals and staff time.

2. Ownership
a) All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing the
services, except working notes and internal documents,
shall become the property of the City upon payment to
Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party.

Contractor shall, at its expense, provide such reports
(including any electronic copies), plans, studies, documents and other writings to the City upon written request.
b) All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media contain same, and written procedures performed hereunder (collectedly the “System”) are and
shall remain, exclusively the sole property of Contractor, and the City shall acquire no right or title to said Systems.

3. Property of City
a) All documents, records, discs, files and tapes supplied by City to Contractor in performance of this contact are agreed to be and shall remain the sole property of City.
b) Contractor agrees to return same promptly to City no later than sixty (60) days following notice to the Contractor. c) The City shall make arrangements with Contractor for the transmission of such data to the City.

4. Confidentiality
a) All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program
data, input record data, written information, and other documents and data either created by or provided to
Contractor in connection with the performance of this
Agreement shall be held confidential by Contractor. Such materials shall not, without prior written consent of the City, be used by Contractor for any purposes other than the performance of the services under this Agreement, nor shall A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 19 such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is
otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential.
b) Contractor shall not use the City’s insignia or photographs relating to the project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this RFP and/or Agreement in any
magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior
written consent of the City.
c) In order to enable Contractor to carry out its work hereunder, to some extent it will have to impart to the City’s employees information contained in the Materials and Systems
(collectively the “Confidential data”).
d) The City agrees that information contain ed in the data that was marked in writing as “Confidential,” “Proprietary” or similarly, so as to give notice of its confidential nature, when submitted to the City by Contractor shall be retained by City in the strictest confidence and shall not be used or disclosed in any form except in accordance with the terms herein or as required by law.
e) The City recognizes that irreparable harm could be
occasioned to Contractor by disclosure of confidential data that is related to its business and that Contractor may accordingly seek to protect such confidential data by
enjoining disclosure.

5. Storage for City:
a) Contractor agrees to store original citations for the current year of issuance plus two (2) years, at which time they will be returned to City or shredded, as directed by the City in its sole and absolute discretion . Contractor will have such information available on system, CD or diskette for City’s review for a reasonable time period to permit City retrieval of such information. City relieves Contractor of all l iability costs associated with data released by City to any other person or entity using such data.
b) Subsequent to the termination of the Agreement, Contractor will return all hard copies to the City or shred them, at City’s sole and absolute discretion. If requested, an electronic file, A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 20 diskette or CD of all processed data will be available to the City.
c) Upon any termination, and assuming Contractor is hosting database portion of the software, Contractor will make all City Data available to City for electronic retrieval via a Microsoft SQL Server database export for a period of thirty (30) days.

H. Rate Adjustment

1. Annual Rate Adjustment – Approved rates may be reviewed annually and may be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers (CPI-U).
a) To request a rate review, Contractor shall submit
adjustment requests to the City by February 1 of each
calendar year.
b) The adjustments shall reflect the change in the CPI-U index within the Riverside-San Bernardino-Ontario, CA
Metropolitan Area published in February for the January- to-January period just passed.
c) A grant of a rate adjustment may be recommended by the City Manager, or his or her designee, and referred to the City Council for approval.
d) If granted, the adjustments shall be effective on July 1 of each calendar year during the Agreement term.

End of Scope of Service
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 21 EXHIBIT B
CITY’S RESPONSIBILITIES

1. Furnish the Consultant all in -house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the city, including, but not limited to, copies of record and off-record maps and other record and off -record property data, right -of-way maps, and other right -of-way data, pending or proposed subject property land division and development application data , all newly developed or pertinen t design and project specification data, all such other pertinent data which may become available to the City.

2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the contractor.

3. The City agrees to provide direction to Contractor in writing as early as practical regarding any particular service requirements that may become necessary from time to time in the performance of the scope of services.

4. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.

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TERMS OF PAYMENT

1. The Contractor's compensation shall not exceed $565,000.00.

2. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business licens e will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for ob taining a City of Moreno Valley business license are located at:
http://www.moval.org/do_biz/biz-license.shtml

3. The Contractor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the Cit y pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices to Accounts Payable staff at [email protected] Accounts Payable questions can be directed to (951) 413-3073.

Copies of invoices may be submitted to the Community Enhancement Division at
[email protected] or calls directed to (951) 413-3340.

3. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City.

Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties.

The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

4. The minimum information required on all invoices is:

A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 23 E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.

6. The City shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

7. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

8. Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal busin ess hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

9. Total Cost
1 Fee for Processing and Collecting Each Citation
(Handwritten)
$5.00 per citation
2 Social Security Number Lookups $2.00 per request
3 Franchise Tax Board Interface/Collections 15% of collected revenue
4 Administrative Adjudication Hearing Services (including preparation and mailing of hearing results via certified mail) $45.00 per citation
& $5.00 per
certified mailing
5 1st Notice (preparation and mailing, including postage) $0.78 6 2nd Notice (preparation and mailing, including postage) $0.00 7 3rd Notice (preparation and mailing, including postage) $0.00 8 Delinquent Collections 23% of collected
revenue
9 Delinquent Collections Notice (preparation and mailing, including postage)
$0.00
10 NSF Payments (processed, payments reversed, penalties added, and letter sent)
$4.00 per NSF
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 24 11 Credit Reporting Collections – Legal Action Not Required 30% of collected revenue
12 Credit Reporting Collections – Legal Action Required 30% of collected revenue
13 Other services provided as appropriate
14 Fee for Processing and Collecting each citation (Handheld) optional
$4.00
15 Purchase Hand Held Ticket Writers – Samsung Galaxy Tab $1,200.00 per device
16 Lease Hand Held Ticket Writers – Samsung Galaxy Tab & 4” Printer
$105.00 per device
per month
17 Purchase Bluetooth Enabled Printers for Ticket Writers – 4” Printer
$1,400.00 per
device
18 Maintenance/Support/Upgrade Ticket Writers $20.00 per device per month
19 Airtime for Ticket Writers $TBD per device
Supplemental Fees
Administration of adjudication process:

Place hold & scan all received documentation $0.50
Generate and send each adjudication letters $0.75*
Additional Correspondence (Indigent/regular payment plan letters, fled letters, letters of correction and any other additional correspondence as requested by City):
$0.75*
Handheld Units:

Annual Software License $150.00/unit
Joint / Escrow Banking Services $85.00 per
month
Services for the above-mentioned item include:
• Daily deposits of funds to the Agency’s escrow account • Online, real-time reconciliation reports that tie directly to the bank statement
• Processing of all credit card chargebacks and
Insufficient Funds
• Month-end reconciliation of all funds collected
• Payment of Data Ticket’s invoice
• Disbursement of the net remittance to the Agency
• Scanning of all payments directly to joint bank account daily using remote check deposit
• The Agency will be responsible for the purchase of
banking supplies, including checks and endorsement
stamps; these fees typically run $200.00 per year

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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 25 Chargebacks, NSF’s, Refunds Issued

• Data Ticket will process refunds when notified of each need
• In the event the Agency utilizes Joint Banking Data
Ticket will verify, generate, and send each refund due
• Refunds will be issued weekly
• Refunds will be sent via 1st Class Mail
• Data Ticket will process credit card chargebacks and
NSFs when notified of each occurrence
• Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
$4.00 per
issued
instance
* All costs related to sending correspondence / letters is inclusive of the cost of first-class mail. In the event the USPS increases the current rate of first-class postage, the cost of these items will increase by the amount increased. Mailings quoted are not sent via certified mail. Data Ticket is happy to provide pricing reflective of certified mailings if the city in interested.

An administrative fee will be charged to a customer paying via credit / debit card that is equal to $3.50.

Ticket stock and envelopes may be adjusted based on the quantity and design requested.

Data plans associated with handheld ticket writers will be treated as a straight pass-thru from the selected provider.

Payment plan fees will be assessed to the customer if a payment plan is implemented.

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INSURANCE REQUIREMENTS
Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.

2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).

3. Workers’ Compensation in surance as required by the California Labor Code and Employer’s Liability Insurance.

4. Professional Liability (Errors and Omissions) insurance appropriate to Contractor’s profession.

Minimum Limits of Insurance

Contractor shall maintain limits of liability of not less than:

1. General Liability:

$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate

2. Automobile Liability:

$1,000,000 per accident for bodily injury and property damage

3. Employer’s Liability:

$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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$1,000,000 per claim/occurrence
$2,000,000 policy aggregate

Umbrella or Excess Insurance

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Deductibles and Self-Insured Retentions

Contractor shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, CSD, Housing Authority and ea ch of their officers, officials, employees, agents and volunteers; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

Other Insurance Provisions

The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.

2. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.

3. Contractor’s insurance coverage shall be primary and no contribution shall be required of City.

The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Contractor and its insurer shall waive any right of subrogation against City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.

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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 28 If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Contractor.

2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3 - year discovery period.

3. If coverage is canceled or n on-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Contractor, Contractor must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.

4. A copy of the claims reporting requirements must be submitted to City for review.

5. These requirements shall survive expiration or termination of the Agreement.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies).

In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.

Verification of Coverage
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

A.9.a
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Attachment: Agreement Data Ticket - Admin Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 1 City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES

This Agreement is made by and between the City of Moreno Valley, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and DATA TICKET, INC., a CORPORATION, with its principal place of business at 2603 MAIN ST., SUITE 300, IRVINE, CA 92614 , hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:

RECITALS

A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. This Agreement was procured pursuant to that certain Request for Proposals #2022- 048 dated February 24, 2022 (“RFP”);
C. Contractor desires to perform and assume responsibility for the provision of professional parking citation processing services contracting services required by the City on the terms and conditions set forth in this Agreement and RF P. Contractor represents that it is experienced in providing professional parking citation processing services contracting services, is licensed in the State of California, if applicable; D. City desires to engage Contractor to render such services for the parking citation processing services as set forth in this Agreement;
E. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
F. This Agreement is made and entered into effective the date the City signs this Agreement.

TERMS

1. CONTRACTOR INFORMATION:

Contractor’s Name: Data Ticket, Inc.

Address: 2603 Main St., Suite 300
City: Irvine State: CA Zip: 92614
Business Phone: 949.428.7240 Fax No. 949.281.3195
Other Contact Number: n/a
Business License Number: 12518
Federal Tax I.D. Number: 93-1010811

2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:

A. The Contractor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference and as set forth in the RFP.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 2 B. The City’s responsibili ties, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.

C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.

D. The term of this Agreement shall be from July 1, 2022 to June 30, 2027 unless terminated earlier as provided herein . The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non -performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.

E. In the event of conflict or ambiguity, the following order of precedence shall control: RFP, Agreement, and Scope of Services set forth in Exhibit “A”.

3. STANDARD TERMS AND CONDITIONS:

A. Control of Work. Contractor is solely responsible for the content and sequence of the work, and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees.

B. Intent of Parties. Contractor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contractor to any right, benefit, or privilege applicable to any officer or employee of the City.

C. Subcontracting. Contractor may retain or subcontract for the services of other necessary contractors with the prior written approval of the City. Payment for such service s shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Contract or shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].

D. Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

E. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the services under this Agreement.

Should one or more of such personnel become unavailable , Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for caus e.

As discussed below, any personnel who fail or refuse to perform the services in A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 3 a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project or a threa t to the safety of persons or property, shal l be promptly removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Heather Nowlan, Director Client Services, Project Manager, Brook Westcott, Chief Operating Officer & Supplemental Project Manager, Wanda Stone, IT Manager, Bradley Miller, Mobile Support Manager , and Serena Smith- Banas, Client Relations Coordinator.

F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Contractor’s Representative. Contractor hereby designates Brook Westcott, Chief Operating Officer, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative” ).

Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all me ans, methods, techniques, sequences and procedures and for the satisfactory coord ination of all portions of the services under this Agreement.

H. Legal Considerations. The Contractor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services.

If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

I. Standard of Care; Performance of Employees . Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the St ate of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the s ervices.

Contractor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the s ervices ass igned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shal l be maintained throughout the term of this Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project, a threat to the safet y of persons or property, or any employee who A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 4 fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.

J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority , and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all c laims, damages, losses, causes of action and demands (collectively, “Claims”), including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement and this Agreement, including without limitation any and all Claims relating to any determination that Contractor, or any person acting on behalf of Contractor in performance of this Agreement, should have been enrolled in CalPERS as an employee, and any related penalties and/or fees associated therewith; except for claims arising solely from city’s sole negligence, recklessness or willful misconduct. Acceptance of this Agreement signifies that the Contractor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.

K. Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, act ion or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

L. Insurance Requir ements. The C ontractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California:

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 5 The Contractor shall procure and maintain, at its sole ex pense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole p roprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement

 General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily inj ury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:

Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate

 Professional Errors and Omission Insurance —such coverage shall not be less than $1,000,000 per claim and $2,000,000 aggregate.

 Liability and Property Damage Insurance coverage for owne d and non - owned automotive equipment operated on City/CSD/ Housing Authority premises. Such coverage limits shall not be less than $ 1,000,000 combined single limit.

 A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:

Solely as respect to services done by or on behalf of the named insured fo r the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Authority , and the Moreno Valley Community Services District, their officers, employees and age nts are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valle y Community Services District, its officers, employees and agents, under any third party liability policy
A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 6 The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non -payment of premium shall require ten ( 10) days prior written notice by certified or registered mail.

In the event the insurance is canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts established.

M. Intellectual Property . Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless e xplicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties. Without limiting the generality of the forgoing, all ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Contractor in connection with the perf ormance of this Agreement shall be held confidential by Contractor. Such materials shall not, without prior written consent of the City, be used by Contractor for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related indust ry shall be deemed confidential.

Further, Without limiting the generality of the forgoing, all plans, studies, documents, information and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing the services (“City Data”) , except working notes and internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without fu rther compensation to Contractor or to any other party.

Contractor shall, at its expense, provide such reports (including any electronic copies), plans, studies, documents and other writings to the City upon written request. Additionally, Contractor shall not use City’s insignia or photographs related to the project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement and/or other similar medium without the prior written consent of City.

N. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 7 warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to th e current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.

O. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue work through the d ate of termination, provided that no work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any in voice after the date of termination for all non -objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this A greement for cause, the Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request. Upon any event of termination, and assuming Contractor is hosting database portion of any related software or otherwise is in control of City data, Contractor will make all City data available to City for electronic retrieval via a Microsoft SQL Server database export for a period of sixty (60) days at no additional cost to City, in format reasonably requested by City.

(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.

P. Payment. Payments to the Contractor pursuant to this Agreement will be reported to Federal and Stat e taxing authorities as required . The City will not withhold any sums from compensation payable to Contractor. Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and materials charges under the Agreement. Such records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

Q. Restrictions on City Employees . The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 8 R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

S. Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Data Ticket, Inc.
2603 Main St., Suite 300
Irvine, CA 92617
Attn: Brook Westcott, Chief Operating Officer

City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Community Enhancement Manager/Supervisor

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

T. Time of Essence. Time is of the essence for each an d every provision of this Agreement.

U. City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this project.

V. Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

W. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service volunt arily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

X. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the parties.

Y. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 9 Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent j urisdiction, the remaining provisions shall continue in full force and effect.

AA. Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

BB. Civil Code Section 1542 Waiver . Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

______
Initials

This waiver sh all be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waive r, it shall seek the advice of a qualified attorney before executing this Agreement.

CC. CalPERS Retiree Disclosure. Contractor hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Contractor who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, which may provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herei n shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.

DD. Contractor’s Obligation to Maintain Documents. Contractor shall retain all citation dispositions, including appeal paperwork, if any, for a minimum of two (2) years from the disposition/hearing date. Such records and related data shall be available for reasonable inspection and audit by the City online or at the Contractor’s location at reasonable times upon notice to Contractor.

SIGNATURE PAGE TO FOLLOW

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Data Ticket, Inc.

BY: BY:

Mike, Lee, City Manager

TITLE:
(President or Vice President)

Date

Date

BY:

TITLE:

(Corporate Secretary)

Date

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Department Head
(if contract exceeds 15,000)

Date
A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 11 EXHIBIT A

SCOPE OF SERVICES
I. General
A. The City of Moreno Valley is a municipal governmental agency that provides services to approximately 210,000 residents in Moreno Valley. In addition, the City maintains several hundred miles of public streets, City parks and libraries spread throughout its 52 sq. mi.

B. The City of Moreno Valley’s Community Enhancement and Neighborhood Services Division responds to complaints and proactively identifies parking violations on public and private property, protecting the health and safety of the community. This division also ensures voluntary resolution of issues Citywide by enforcing the California Vehicle Code and the City’s municipal codes.

C. The City of Moreno Valley issues approximately 35,000 parking citations annually. Citations are paid by phone, online, mail, or in person.

D. The Community Enhancement & Neighborhood Services Division requires support in the following specialized areas and will collaborate with a professional, qualified Contractor to fulfill the Scope of Work.

E. The full, contracted Scope of Work shall be negotiated with the selected firm based on the services proposed by firm and/or required by the City.

F. The City is under contract with its current Contractor through June 30, 2022. The contract awarded through this RFP will be for a term not to exceed five years beginning July 1, 2022, unless terminated in accordance with the terms of the Agreement.

G. The Contractor shall be a highly qualified firm experienced in parking citation processing services in support of municipal parking citation operations.

1. Services include, but are not limited to: technology-assisted (handheld) parking citation issuance; manual, paper parking citation issuance; parking citation tracking; online, phone, mail, and in-person payment acceptance; parking citation appeal processing (including 2nd level adjudication review to be held by phone, electronically with video conference software, and/or in person at a City facility); and collections.

2. The intent is to quickly, efficiently, and proactively manage all parking citations with a high level of customer service.

H. Proposals should reflect expertise managing such programs and clearly state recent related experience.

I. The Contractor shall have the ability and experience to establish, maintain, and act as the City’s Public Contact Unit (PCU) in the California A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 12 Franchise Tax Board’s (FTB) Interagency Intercept Collection Program (IIC).

J. The Contractor shall have the ability and experience to establish, maintain, and participate in the California Franchise Tax Board’s (FTB) Secure Web Internet File Transfer (SWIFT) system.

K. Contractor shall be able to provide, support, warranty, and replace/repair handheld ticket writers with necessary citation issuance software.

L. Contractor shall meet all requirements of the specifications contained herein, in addition to those set forth in applicable federal, state and local laws, rules and regulations, including without limitation all legislated mandates by the State of California, County of Riverside, and local City Municipal Code.

M. No portion of the contract shall be permitted to be subcontracted without the prior express written approval from the City.

1. Contractor must disclose the nature of work proposed to be subcontracted and the name of subcontractor.

2. Contractor shall be responsible for ensuring that any subcontractor used operate within the terms of the agreement, and Contractor shall continue to be liable for such services and obligations, and shall not be relieved of any obligation.

N. Contractor shall furnish personnel, materials, and supplies in connection with processing of parking citations for violations pursuant to the laws of the State of California and local ordinances.

II. Specific
A. Citation Processing

1. Ability to process electronic and handwritten/manual, paper citations, and maintain relevant citation information for periods and in a manner required by law and or City policy.

2. Such information for maintained citation records shall contain, at a minimum: payment information and history, collection efforts, disposition, appeal history, outstanding collections record, and any information necessary to maintain an audit trail.

3. For parking citations issued electronically through handheld units, citation submittal shall update the system in real time including notification of any scofflaw violators.

4. For parking citations issued handwritten/manually, Contractor shall update the system within two (2) business days of receipt of the citation submittal from the City, or immediately notify the City A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 13 with all citations unable to be processed for any reason (e.g. no violation code; illegible handwriting; missing information, etc.).

5. Contractor shall provide collection services, including delinquent collection and reporting to credit agencies and/or the California Franchise Tax Board (FTB).

6. Contractor shall process DMV holds and releases within two (2) business days.

7. Contractor shall have the ability to calculate/report/distribute parking citation revenue sharing as required by state and local laws.

8. Contractor shall, in their Proposal, demonstrate sufficient experience in processing 2nd level appeal hearing requests, including Review Notification content.

9. Contractor shall provide 2nd level adjudication hearing services, to be held by phone, electronically with video conference software, and/or in person at a City facility, and appeal management including qualified hearing officers.
a) Contractor shall provide all necessary equipment and personnel for adjudication hearings including, but not
limited to: Hearing Officer; computers; audio recording devices.
b) Hearings shall be a minimum of four (4) hours
scheduled/held at least one time (1) per quarter or in
accordance with state law.
c) The City’s responsibility shall only be to provide the hearing facility at no cost to the Contractor.
d) Contractor shall, in their Proposal, provide an overview of hearing adjudication procedures to demonstrate sufficient experience.

10. Authorized representatives of the City shall have sole authority to hold/suspend or void parking violations and/or citations.

11. Contractor shall be responsible for correcting all system malfunctions and errors attributable to the Contractor, at no cost to the City.

12. Contractor shall maintain separate accounts, billings, records, and citation formats for each Department/Division as provided by the City.

13. Contractor shall, in their Proposal, define the types and number of collection letters submitted, including the timeframe in which those collection letters are sent.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 14 14. Contractor shall provide, at no cost to the City, training and materials for all operations of access, usage, and equipment provided, including but not limed to: features, inquiry of citation database, data entering/editing, and use of any citation handheld units/printers.

15. All requests for reviews of non-displayed placards will be conducted by City personnel.
a) Contractor shall provide a method for the City to handle administrative fines for disabled parking violations as detailed in CVC 40226.
b) All other disabled violations shall be contested through the normal appeal process.

B. Customer Service

1. The Contractor must adhere to the City’s Customer Care Standards (separate attachment in Planet Bids), made part of this RFP, in all interactions with citation recipients and City personnel.

2. Contractor shall provide efficient, courteous, and professional service for all customer interactions and correspondence.

3. Contractor shall provide an automated, toll-free phone number, available 24/7 in English and Spanish, for citation recipient inquiries, acceptance of citation payments, and providing real-time citation information.

4. Live operator assistance shall be provided during regular City business hours, Monday through Friday, 7:30 A.M. to 5:30 P.M. (Pacific Time), excluding City holidays.

5. Customer service representatives shall be available in both English and Spanish to provide instructions and information on general administrative citation policies and procedures, to handle complaints, and provide how to pay or contest citation information.

For complaints, a telephone response shall be provided within one (1) business day.

C. Technology

1. Contractor shall provide a system with sufficient security to maintain confidentiality and restrict access only to authorized users. Contractor shall include a description of such security measures in their proposal.

2. Contractor shall maintain effective procedures of internal control, back-up provisions, and disaster recovery in accordance with industry best practices. Contractor shall include a description of such measures in their proposal.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 15 3. The system shall provide password protection for each user and limit system capabilities and functions per user.

4. Access must be available using a standard PC. No additional software shall be required by the City to access the Contractor’s system.

5. The system shall be capable of adding phone/conversation notes to each citation. Notes should capture the date, operator, reason for call, and any comments. The system must accommodate multiple notes per citation and notes must be able visible to City.

6. Contractor shall offer citation recipients online access to review individual citations, pay citations electronically, and appeal online.

7. The system shall be dynamic and capable of adapting to changes in policy, fees, user preferences, or future changes in processing requirements as directed by the City.

8. Maintain and update listing of scofflaw files on a daily basis for City to upload into the handheld ticket writers.

9. The Contractor shall provide the City with unlimited user accounts at no cost.

10. Technical Support
a) Contractor shall provide, at no additional cost to City, technical support and troubleshooting assistance for any and all hardware and software used by the City.
b) Technical support and assistance must be available during regular City business hours, Monday through Friday, 7:30 A.M. to 5:30 P.M. (Pacific Time), excluding City holidays.

11. Upon any termination, and assuming Contractor is hosting database portion of the software or otherwise in control of City Data, Contractor will make all City Data available to City for electronic retrieval via a Microsoft SQL Server database export for a period of sixty (60) days at no additional cost to City.

D. Financial

1. Contractor shall intake payments for citations and shall handle in accordance with the City’s financial requirements herein.

2. Contractor shall accept payments by mail, phone, or an online internet-based payment system. This online system shall comply with any applicable requirements for adequate security of personal information.

3. The system shall have the ability to allow the citation recipient to pay for a citation using a debit or credit card for on-line payments.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 16 4. Citation recipients also have the option to pay by check via mail, or in-person at City Hall.

5. All administrative citation payments collected, including fines, penalties, or bail amounts, shall be marked “paid” in real-time, immediately upon receipt.

6. The postmark date of mailed payments shall be the criteria to establish any delinquent fees due.

7. Deposits must be made in the City’s required format and in a time and manner specified by the City. City shall have the ability to access all accounting reports remotely.

8. Collection and Deposit of Funds
a) The Contractor shall deposit daily collected citation funds directly into a City account with deposit slips provided by the City.
b) Deposits shall be made directly into the account by the Contractor for the City, with the exception of credit card payments.
c) All deposits shall be made at full citation amount
(including any accrued penalties) and will not be adjusted for any costs.
d) Contractor shall indicate all applicable citation numbers on checks deposited to the City.

9. Credit Card/ACH Payments
a) Credit card/ACH payments shall be directly deposited into an account held by Contractor with monthly payment to the City.
b) Credit card/ACH payments are reconciled and remitted monthly to the City within the first ten (10) calendar days after the close of the month, but tracked on the citations management software system on a daily basis.
c) Any credit card/ACH fees shall be assumed by the
Contractor, or the end user.

10. Invoicing
a) Contractor shall submit monthly invoices for costs, fees, and/or services rendered.
b) Invoices shall be submitted to appropriate
Department/Division as provided by the City within the
first ten (10) calendar days after the close of the month.

11. The Contractor shall adhere to Penalties and Delinquent Fee Schedule for Parking Violations as referenced in the City’s current A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 17 Fee Schedule (separate attachment in Planet Bids), as may be amended in City’s sole and absolute discretion.

12. Postal Rate Adjustment – The Contractor will maintain auditable records to document the Contractor’s actual postage costs associated with the mailing of all notices for unpaid citations and for other mailings related to the processing of correspondence. a) If there is a postal rate adjustment during the term of the Agreement, that adjustment will be invoiced effective on the date that the postal rate adjustment goes into effect. b) City shall be notified in writing 30 days prior to any proposed postal rate increases.

E. Forms/Notices/Correspondence

1. Contractor shall provide the necessary mailed correspondence in strict accordance with the City’s requirements, and the ability to track forms to meet all applicable state and local laws regarding citation processing and adjudication.

2. Contractor shall work with City to develop all notices generated, formatted, and mailed to debtors including layout and content. The City has final approval over letter content including text and layout. The system shall maintain a copy of all correspondence mailed and the mailing dates.

3. All notices and letters must include an interior envelope for return.

The notices must meet all U.S. Postal Service requirements and are subject to approval by the City.

4. All notices, follow-ups, and correspondence shall be sent to citation recipient in accordance will all applicable laws and industry best standards.

5. Contractor will receive and shall review all correspondence, including public inquiries (e.g. electronic, paper, phone, etc.).

These include but are not limited to: appeal requests, refund requests, or void requests. Contractor shall research inquiries for handling and determine needed actions.

6. Contractor shall scan and maintain images of all inbound correspondence to verify postmarks.

F. Reporting

1. System shall be able to produce standard business operational reports. The system must be capable of exporting all data in the system in a portable document format (“PDF”), comma-separated value (“CSV”), or similar, industry standard format.

2. Contractor agrees to provide assistance and support in the design and creation of any report requested by City, at no cost to City, that A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 18 are not already a part of your system’s standard, canned reporting features.

3. Reconciliation Report: Deposit report that supports amounts deposited into City’s account shall be available. The system must be capable of exporting all data in the system in a comma- separated value (“CSV”) or similar, industry standard format.

4. Revenue Report: A monthly revenue report listing all revenue received during the preceding month shall be available. The system must be capable of exporting all data in the system in a comma- separated value (“CSV”) or similar, industry standard format.

Report shall also provide information regarding the City’s responsibility for any taxes on collected funds.

5. FTB Interagency Intercept Collection Program (IIC) Offset Payment(s) report for lottery, personal income tax, and unclaimed property by transaction date.

6. Contractor shall retain all citation dispositions, including appeal paperwork, if any, for a minimum of two (2) years from the disposition/hearing date. Such records and related data shall be available for reasonable inspection and audit by the City online or at the Contractor’s location at reasonable times upon notice to Contractor.

G. General

1. Attend City meetings as needed, or when requested at Contractor’s own expense (at minimum via phone conference). This includes but is not limited to, transportation, lodging, meals and staff time.

2. Ownership
a) All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing the
services, except working notes and internal documents,
shall become the property of the City upon payment to
Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party.

Contractor shall, at its expense, provide such reports
(including any electronic copies), plans, studies, documents and other writings to the City upon written request.
b) All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media contain same, and written procedures performed hereunder (collectedly the “System”) are and
shall remain, exclusively the sole property of Contractor, and the City shall acquire no right or title to said Systems.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 19 3. Property of City
a) All documents, records, discs, files and tapes supplied by City to Contractor in performance of this contact are agreed to be and shall remain the sole property of City.
b) Contractor agrees to return same promptly to City no later than sixty (60) days following notice to the Contractor. c) The City shall make arrangements with Contractor for the transmission of such data to the City.

4. Confidentiality
a) All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program
data, input record data, written information, and other documents and data either created by or provided to
Contractor in connection with the performance of this
Agreement shall be held confidential by Contractor. Such materials shall not, without prior written consent of the City, be used by Contractor for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is
otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential.
b) Contractor shall not use the City’s insignia or photographs relating to the project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this RFP and/or Agreement in any
magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior
written consent of the City.
c) In order to enable Contractor to carry out its work
hereunder, to some extent it will have to impart to the City’s employees information contained in the Materials and Systems (collectively the “Confidential data”).
d) The City agrees that information contained in the data that was marked in writing as “Confidential,” “Proprietary” or similarly, so as to give notice of its confidential nature, when submitted to the City by Contractor shall be retained by City in the strictest confidence and shall not be used or disclosed in any form except in accordance with the terms herein below or as required by law.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 20 e) The City recognizes that irreparable harm could be occasioned to Contractor by disclosure of confidential data that is related to its business and that Contractor may accordingly seek to protect such confidential data by
enjoining disclosure.

5. Storage for City
a) Contractor agrees to store original citations for the current year of issuance plus two (2) years, at which time they will be returned to City or shredded, as directed by the City in its sole and absolute discretion. Contractor will have such information available on system, CD or diskette for City’s review for a reasonable time period to permit City retrieval of such information. City relieves Contractor of all liability costs associated with data released by City to any other person or entity using such data.
b) Subsequent to the termination of the Agreement, Contractor will return all hard copies to the City or shred them, at City’s sole and absolute discretion. If requested, an
electronic file, diskette or CD of all processed data will be available to the City.
c) Upon any termination, and assuming Contractor is hosting database portion of the software, Contractor will make all City Data available to City for electronic retrieval via a Microsoft SQL Server database export for a period of thirty (30) days.

H. Rate Adjustment

1. Annual Rate Adjustment – Approved rates may be reviewed annually and may be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers (CPI-U).
a) To request a rate review, Contractor shall submit
adjustment requests to the City by February 1 of each
calendar year.
b) The adjustments shall reflect the change in the CPI-U index within the Riverside-San Bernardino-Ontario, CA
Metropolitan Area published in February for the January- to-January period just passed.
c) A grant of a rate adjustment may be recommended by the City Manager, or his or her designee, and referred to the City Council for approval.

2. If granted, the adjustments shall be effective on July 1 of each calendar year during the Agreement term.

I. Registered Owner Name Retrieval
A.9.b
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End of Scope of Service
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CITY’S RESPONSIBILITIES

1. Furnish the Consultant all in -house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the city, including, but not limited to, copies of record and off-record maps and other record and off -record property data, right -of-way maps, and other right -of-way data, pending or proposed subject property land division and development application data , all new ly developed or pertinent design and project specification data, all such other pertinent data which may become available to the City.

2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the contractor.

3. The City agrees to provide direction to Contractor in writing as early as practical regarding any particular service requirements that may become necessary from time to time in the performance of the scope of services.

4. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.

A.9.b
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TERMS OF PAYMENT

1. The Contractor's compensation shall not exceed $675,000.00.

2. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
http://www.moval.org/do_biz/biz-license.shtml

3. The Contractor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices to Accounts Payable staff at [email protected] Accounts Payable questions can be directed to (951) 413-3073.

Copies of invoices may be submitted to the Community Enhancement Division at
[email protected] or calls directed to (951) 413-3340.

3. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City.

Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties.

The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

4. The minimum information required on all invoices is:

A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 24 E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.

6. The City shall pay the Contractor for a ll invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

7. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

8. Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal busin ess hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

9. Total Cost
1 Fee for Processing and Collecting Each Citation
(Handwritten)
$0.35 per citation
2 Fee for Processing and Collecting Each Citation (Handheld) $0.35 per citation 3 Social Security Number Lookups $1.50 per request
4 California DMV Hold/Releases $0.00 per cite
5 1st Notice (preparation and mailing, including postage) $0.75 per notice 6 2nd Notice (preparation and mailing, including postage) $0.00 per notice 7 3rd Notice (preparation and mailing, including postage) $0.00 per notice 8 Franchise Tax Board Interface/Collections 15% of collected revenue
9 Delinquent Collections 23% of collected
revenue
10 Delinquent Collections Notice (preparation and mailing, including postage)
$0.00 per notice
11 NSF Payments (processed, payments reversed, penalties added, and letter sent)
$4.00 per NSF
A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 25 12 Credit Reporting Collections – Legal Action Not Required 30% of collected revenue
13 Credit Reporting Collections – Legal Action Required 30% of collected revenue
14 Fee for Collection Out-of-State Citation 23% of collected revenue
15 Acceptance and Scan of Indigent Payment Plans

$5.00 or $2.00 per
plan – see
additional fees
section below
16 Indigent Payment Plan Letters $0.85 per letter
17 2nd Level Adjudication Review Services (including
preparation and mailing of hearing results via certified mail) $45.00 per cite +
$5.00 certified
18 1st Level Disposition Letter (after City staff 1st Level Review) $1.25 per letter 19 2nd Level Disposition Letter $1.25 per letter
20 Purchase Handheld Ticket Writers (Samsung A52 or similar device)
$1,200.00 per
Device
21 Lease Handheld Ticket Writers (Samsung A52 or similar device w/ Alpha 3R printer)
$50.00 per Device
per month *
22 Purchase Bluetooth Enabled Printers for Ticket Writers $350.00 per Device 23 Maintenance/Support/Upgrade Ticket Writers $20.00 per Device per month
24 Airtime for Ticket Writers $TBD per Device
25 Handheld Accessories/Supplies (e.g. ticket rolls, batteries, chargers, holders, etc.)

Other services provided as appropriate

Additional Fees
Administration of adjudication process:

Place hold & scan all received documentation $0.50
Administration of Indigent Payment Plans:

Approval/Denial by Data Ticket $5.00/request
Approval/Denial by City $2.00/request
Additional Correspondence (Indigent/regular
payment plan letters, fled letters, letters of correction and any other additional correspondence as
requested by City):
$0.75*
Handheld Units:

A.9.b
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Monthly maintenance/repair/replacement with
$0.00 deductible.
$20.00/unit
Joint / Escrow Banking Services $85.00 per month
Services for the above-mentioned item include:
• Daily deposits of funds to the Agency’s escrow
account
• Online, real -time reconciliation reports that tie
directly to the bank statement
• Processing of all credit card chargebacks and
Insufficient Funds
• Month-end reconciliation of all funds collected
• Disbursement of County/State Surcharges at
month-end
• Payment of Data Ticket’s invoice
• Disbursement of the net remittance to the Agency
• Scanning of all payments directly to joint bank
account daily using remote check deposit
• The Agency will be responsible for the purchase
of banking supplies, including checks and
endorsement stamps; these fees typically run
$200.00 per year

Chargebacks, NSF’s, Refunds Issued

• Data Ticket will process refunds when notified
of each need
• In the event the Agency utilizes Joint Banking
Data Ticket will verify, generate, and send each
refund due
• Refunds will be issued weekly
• Refunds will be sent via 1st Class Mail
• Data Ticket will process credit card chargebacks
and NSFs when notified of each occurrence
• Once processed, Data Ticket will send a custom
letter to the individual detailing the returned item
and the amount due on the citation
$4.00 per issued
instance
* All costs related to sending correspondence / letters is inclusive of the cost of first-class mail. In the event the USPS increases the current rate of first-class postage, the cost of these items will increase by the amount increased.

An administrative fee will be charged to a customer paying via credit / debit card that is equal to $3.50.

Ticket stock and envelopes may be adjusted based on the quantity and design requested.

A.9.b
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Attachment: Agreement Data Ticket - Parking Cites (5810 : APPROVE PROFESSIONAL SERVICE AGREEMENTS WITH DATA TICKET, INC. FOR 27 Data plans associated with handheld ticket writers will be treated as a straight pass-thru from the selected provider.

Payment plan fees will be assessed to the customer if a payment plan is implemented.

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INSURANCE REQUIREMENTS
Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “ personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.

2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).

3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.

4. Professional Liability (Errors and Omissions) insurance appropriate to Contractor’s profession.

Minimum Limits of Insurance

Contractor shall maintain limits of liability of not less than:

1. General Liability:

$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate

2. Automobile Liability:

$1,000,000 per accident for bodily injury and property damage

3. Employer’s Liability:

$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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$1,000,000 per claim/occurrence
$2,000,000 policy aggregate

Umbrella or Excess Insurance

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Deductibles and Self-Insured Retentions

Contractor shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects Cit y, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

Other Insurance Provisions

The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.

2. The coverage shall contain no special limitatio ns on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.

3. Contractor’s insurance coverage shall be primary and no contribution shall be required of City.

The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Contractor and its insurer shall waive any right of subrogation against City, CSD, Housing Authority and each of their officers, officials, employees , agents and volunteers.

A.9.b
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1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Contractor.

2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3 - year discovery period.

3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Contractor, Contractor must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.

4. A copy of the claims reporting requirements must be submitted to City for review.

5. These requirements shall survive expiration or t ermination of the Agreement.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies).

In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.

Verification of Coverage
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

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Report to City Council

ID#5806 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: May 3, 2022

TITLE: APPROVE AFTER SCHOOL EDUCATION AND SAFETY
(ASES) GRANT AWARD INCREASE FOR GRANT YEAR
2021/22 AND EXECUTE SECOND AMENDMENT TO THE
AGREEMENT WITH THINK TOGETHER, INC. FOR
OPERATION OF THE CITY'S FY 21/22 ASES PROGRAM

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Authorize the Executive Director to execute the Second Amendment to the Agreement with Think Together, Inc. to utilize additional per -student funding authorized in the California State Budget for Grant Year 2021/22 for the After School Education and Safety (ASES) program.

2. Authorize budget adjustments as set forth in the Fiscal Impact section of this report.

3. Authorize the Executive Director to execute any subsequent related Extensions or Amendments to the Agreement, subject to the approval of the City Attorney.

SUMMARY

This report recommends acceptance of additional per -student funding awarded by the California Department of Education, expanded learning division, for the City’s ASES Program 2021/22. The Second Amendment to the c urrent Think Together Inc. agreement is needed to allocate the additional funding received for Grant Year 2021/22 and to allocate remaining funds from Grant Year 2020/21.

B.5
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