Publication of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Brian Mohan Brian Mohan
Assistant City Manager/CFO/City Treasurer Assistant City Manager/CFO/City Treasurer
CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.
Public Facilities and C apital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development 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 neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachme nts, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. City Resolution
2. SA Resolution
3. HA Resolution
APPROVALS
A.6
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Budget Officer Approval ✓ Approved . 5/10/22 5:47 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/10/22 5:53 PM A.6
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1 Resolution No. 2022-XX
Date Adopted: May 17, 2022
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ESTABLISHING LOCAL
HIRING GOALS AN D SKILLED WORKFORCE
REQUIREMENT FOR THE SALE AND DEVELOPMENT OF
CITY-OWNED SU RPLUS OR EXEMPT SU RPLUS REAL
PROPERTY
WHEREAS, the City Council has recently declared multiple parcels of City - owned real property as either surplus or exempt surplus and has begun the process to comply with the Surplus Land Act; and
WHEREAS, it is likely that the City will have the opportunity in th e near future to publish Requests for Proposals for the sale and development of multiple p arcels of surplus real property; and
WHEREAS, the sale of City -owned surplus real property presents a unique opportunity to use such City resources for the benefit of the local community through the jobs created by the development of the parcels; and
WHEREAS, there are currently 2,420,046 people living within a 20 -mile radius of the City of Moreno Valley , but only 1, 093,068 currently employed within that same radius, and 75,353 of those are employed in the Construction Industry; and WHEREAS, promotion of local hiring and skilled and trained workforce programs can ensure that Moreno Valley residents can find quality jobs close to where they live, as well as potentially reduce the time otherwise necessary to commute to jobs located in other cities; and
WHEREAS, the C ity desires to promote local hiring and skilled and trained workforce programs for City -owned surplus property sold through the open market to promote the creation of local quality jobs; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moreno Valley, California, as follows:
Section 1: Application. This Resol ution shall apply to all City -owned real property declared to be surplus or exempt s urplus, which the City seeks to sell on the open market after complying with the Surplus Land Act (Government Code §§ 54220, et seq.), and on which the buyer intends to con struct proposed development, buildings, facilities or other improvements on the real property (“Project”). This Resolution shall apply whether the City seeks to dispose of the property through a Request for Proposal (“RFP”) process or through direct negotiations.
Section 2: Local Hire Goals . Unless such a requirement would conflict with A.6.a
Packet Pg. 175
Attachment: City Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 2 Resolution No. 2022-XX
Date Adopted: May 17, 2022
State or Federal law or regulation applicable to a particular sale of real property, all prospective buyers of Cit y-owned surplus or exempt surplus real property shall commit to make good faith efforts to employ qualified local individuals in sufficient nu mbers so that no less than thirty (30) percent of the work force, measured in labor hours, is comprised of local individuals for the construction of the Project.
No less than semi -annually during the course of construction, the buyer shall provide to the City a statement showing that either the thirty (30) percent local individuals hiring goal has been met or that the buyer made good faith efforts to reach that goal. Such reports shall be signed by the buyer under penalty of perjury.
For the purposes of this section, the following definitions shall apply:
“Local individual” shall mean an individual with a permanent resi dence within a 20-mile radius of the center of the City of Moreno Valley. “Good faith efforts” includes, but is not limited to: (1) Contacti ng and engaging local hiring halls and reputable recruitment sources, such as the American Jobs Center located in Moreno Valley , to identify qua lified local individuals; (2) Advertising available jobs in trade papers and newspapers of general circulation within the City of Moreno Valley; (3) Providing ongoing assistance to local individuals in completing job application forms; (4) Conducting or partic ipating in a job application workshop within the City of Moreno Valley to assist the community in applying a nd interviewing for jobs in the contracting industry; (5) Conducting job interviews within 20 miles of the real property; and (6) Any other means of obtaining employees who are local individuals that are reasonably calculated to comply with the goals of this section.
Section 3: Skilled and Trained Workforce/Apprenticeship Program Participation.
Unless such requirement would conflict with a State or Federal law or regulation applicable to a particular sale of real property, all prospective buyers of City -owned real property shall commit to disclose the percentage of Skilled and Trained Workforce utilized during the course of construction of the Project and their commitment to work with area State certified apprenticeship programs to use a Skilled and Trained Workforce during the construction of any proposed development, buildings, facilities or other improvements on the real property. This shall apply only to apprenticeable occupations involved in the proposed construction for which there are State certified apprenticeship programs. For real property sought to be sold through the Request for Proposal process, additional scoring points, up to the equivalent of ten points, shall be given to prospective buyers that commit to the use of a Skilled and Trained Workfo rce and to the use of apprenticeship programs. Points shall be awarded on a sliding scale basis based on the perc entage of Skilled and Trained Workforce the prospective buyer has committed to use.
Each buyer of City-owned real property required to comply with this section shall A.6.a
Packet Pg. 176
Attachment: City Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 3 Resolution No. 2022-XX
Date Adopted: May 17, 2022
provide semi-annual reports during construction showing compliance with this section.
Such reports shall be signed by the buyer under penalty of perjury.
For the purposes of this section, “skilled and trained workforce” shall have t he same meaning as in Public Contract Code section 2601, except that any listed percentage thresholds in section 2 601 shall not be mandatory for purposes of this Resolution.
Section 4: The buyer of City -owned surplus or exempt surplus real property, or buyer’s representative, shall have the right to determine the competency of all individuals hired, the number of empl oyees required, the duties of such employees within their occupation, and shall have the right to reject an applicant for any reason; however, buyer shall exercise this right in good faith and not for the purpose of avoiding the provisions of this Resolution.
Section 5: The provisions of this resolution shall be incorporated into each Request for Proposals seeking to sell City -owned surplus or e xempt surplus real property and into each purchase and sale agreement for the sale of City -owned surplus or exempt surplus real property.
Section 6: This Resolution shall become effective immediately.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED this 17th day of May 17, 2022.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.6.a
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Attachment: City Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 4 Resolution No. 2022-XX
Date Adopted: May 17, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Brian Mohan , Acting City Clerk of the City o f 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 17th day of May, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.6.a
Packet Pg. 178
Attachment: City Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 1 Resolution No. SA 2022-XX
Date Adopted: May 17, 2022
RESOLUTION NO. SA 2022-XX
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF MORENO VALLEY, CALIFORNIA , ESTABLISHING
LOCAL HIRING GOALS AN D SKILLED WORKFORCE
REQUIREMENT FOR THE SALE AND DEVELOPMENT OF
SUCCESSOR AGEN CY-OWNED SU RPLUS OR EXEMPT
SURPLUS REAL PROPERTY
WHEREAS, pursuant to Resolution No. 2012-04, adopted by the City Council of the City of Moreno Valley (“City”) on January 20, 2012, the City of Moreno Valley agreed to serve as the Successor Agency (“Successor Agency ”) to the Community Redevelopment Agency of the City of Moreno Valley (“Redevelopment Agency”) commencing upon dissolution of the Redevelopment Agency on February 1, 2012 pursuant to Assembly Bill x1 26 (“AB 26”); and
WHEREAS, Health and Safety Code Section 34177 (i) provides that a successor agency is required to continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the former redevelopment agency can be transferred to other parties; and
WHEREAS, pursuant to AB 1484 and Health and Safety Code Section 34191.5(c)(2), the Successor Agency prepared a Long Range Property Management Plan, for the disposition of the former Redevelopment Agency properties; and
WHEREAS, the Departme nt of Finance approved the Successor Agency Long Range Property Management Plan; and
WHEREAS, the Successor Agency has recently declared multiple parc els of Successor Agency-owned real property as surplus and has begun the process to comply with the Surplus Land Act; and
WHEREAS, it is likely that the Successor Agency will have the opportunity in the near future to publish Requests for Proposals for the sale and development of multiple parcels of surplus real property; and
WHEREAS, the sale of Successor Agency-owned surplus real property presents a unique opportunity to use such Successor Agency resources for the benefit of the local community through the jobs created by the development of the parcels; and A.6.b
Packet Pg. 179
Attachment: SA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 2 Resolution No. SA 2022-XX
Date Adopted: May 17, 2022
WHEREAS, there are 2,420,046 people living withi n a 20 -mile radius of the City of Riverside, but only 1,093,068 employed within that same radius, and 75,353 of those are employed in the Construction Industry; and
WHEREAS, promotion of local hiring and skilled and trained workforce programs can ensure that Riverside residents can find quality jobs close to where they live, as well as potentially reduce the time otherwise necessary to commute to jobs located in other cities; and
WHEREAS, the Successor Agency desires to promote local hi ring and skilled and trained workforce programs for Successor Agency -owned surplus property sold through the open market to promote the creation of local quality jobs.
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF MORENO VALLEY OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: Application. This Resol ution shall apply to all Successor Agency - owned real property declared to be surplus or exempt s urplus, which the Successor Agency seeks to sell on th e ope n market after complying with the Surplus Land Act (Government Code §§ 54 220, et seq.), and on which the buyer intends to con struct proposed development, buildings, facilities or other improvements on the real property (“Project”). This Resolution shall apply whether the Successor Agency seeks to dispose of the property through a Re quest f or Proposal (“RFP”) process o r through direct negotiations.
Section 2: Local Hire Goals . Unless such a requirement would conflict with State or Federal law or regula tion applicable t o a particular sale of real property, all prospective buyers of Successor Agency-owned surplus or exempt surplus real property shall commit to make good faith efforts to employ qualified local individuals in sufficient numbers so that no l ess than thirty (30) percent of the work force, measured in labor hours, is comprised of local individuals for the construction of the Project.
No less than semi -annually during the course of construction, the buyer shall provide to the Successor Agency a statement showing that either the thirty (30) percent local individuals hiring goal has been met or that the buyer made good faith efforts to reach that goal. Such reports shall be signed by the buyer under penalty of perjury.
For the purposes of this section, the following definitions shall apply:
“Local individual” shall mean an individual with a permanent resi dence within a 20-mile radius of the center of the City of Moreno Valley.
A.6.b
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Attachment: SA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 3 Resolution No. SA 2022-XX
Date Adopted: May 17, 2022
“Good faith efforts” includes, but is not limited to: (1) Contacti ng and engaging local hiring halls and reputabl e recruitment sources, such as the American Jobs Center located in Moreno Valley, to identify qua lified local individuals; (2) Advertising available jobs in trade papers and newspapers of general circulation within the City of Moreno Valley; (3) Providing ongoing assistance to local individuals in completing job application for ms; (4) Conducting or partic ipating in a job application workshop within the City of Moreno Valley to assist the community in applying a nd interviewing for jobs in the contracting ind ustry; (5) Conducting job interviews within 20 miles of the real property; and (6) Any other means of obtaining employees who are local individuals that are reasonably calculated to comply with the goals of this section.
Section 3: Skilled and Trained Work force/Apprenticeship Program Participation.
Unless such requirement would conflict with a State or Federal law or regulation applicable to a particular sale of real property, all prospective buyers of Successor Agency-owned real property shall commit to disclose the p ercentage of Skilled and Trained Workforce u tilized during the course of construction of the Project and their commitment to work with area State certified apprenticeship programs to use a Skilled and Trained Workforce during the construction of any proposed development, buildings, facilities or other improvements on the real p roperty. This shall apply only to apprenticeable occupations involved in the proposed construction for which there are State certified apprenticeship programs. For real property sough t to be sold through the Request for Proposal process, additional scoring points, up to the equivalent of ten points, shall be given to prospective buyers that commit to the use of a Skilled and Trained Workforce and to the use of apprenticeship programs. Points shall be awarded on a sliding scale basis based on the perc entage of Skilled and Trained Workforce the prospective buyer has committed to use.
Each buyer of Successor Agency -owned real property r equired to comply with this section shall provide semi-annual reports during construction showing compliance with this section. Such reports shall be signed by the buyer under penalty of perjury.
For the purposes of this section, “skilled and trained workf orce” shall have t he same meaning as in Public Contract Code sect ion 2601, except that any listed percentage thresholds in section 2 601 shall not be mandatory for purposes of this Resolution.
Section 4: The buyer of Successor Agency-owned surplus or exempt surplus real property, or buyer’s representative, shall have the right to de termine the competency of all individuals hired, the number of employees required, the duties of such employees within their occupation, and shall have the right to reject an appl icant for any reason; however, buyer shall exercise this right in good faith and not for the purpose of avoiding the provisions of this Resolution.
Section 5: The provisions of this resolution shall be incorporated into each A.6.b
Packet Pg. 181
Attachment: SA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 4 Resolution No. SA 2022-XX
Date Adopted: May 17, 2022
Request for Proposals seeking t o sell Successor Agency -owned surplus or e xempt surplus real property and into each purch ase and sale agreement for the sale of Successor Agency-owned surplus or exempt surplus real property.
Section 6: This Resolution shall become effective immediately.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED this 17th day of May 17, 2022.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.6.b
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Attachment: SA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 5 Resolution No. SA 2022-XX
Date Adopted: May 17, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Brian Mohan , Acting City Clerk of the City o f Moreno Valley, Californi a, 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 17th day of May, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.6.b
Packet Pg. 183
Attachment: SA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 1 Resolution No. HA 2022-XX
Date Adopted: May 17, 2022
RESOLUTION NO. HA 2022-XX
A RESOLUTION OF THE MORENO VALLEY HOUSING
AUTHORITY OF THE CITY OF MORENO VALLEY ,
CALIFORNIA, ESTABLISHING LOCAL HIRING GOALS
AND SKILLED WORKFORCE REQUIREMENT FOR THE
SALE AND DEVELOPMENT OF HOUSING AUTHORITY
-OWNED SU RPLUS OR E XEMPT SU RPLUS REA L
PROPERTY
WHEREAS, the Chairman and Commissi oners of the Moreno Valley Housing Authority has recently declared multiple parcels of Housing Authority -owned real property as either surplus or exempt surplus and has begun the process to com ply with the Surplus Land Act; and
WHEREAS, it is likely that the Housing Authority will have the opportunity in th e near future to publish Requests for Proposals for the sale and development of multiple parcels of surplus real property; and
WHEREAS, the s ale of Housing Authority-owned surplus real property presents a unique opportunity to use such Housing Authority resources for the benefit of the local community through the jobs created by the development of the parcels; and WHEREAS, there are currently 2,420,046 people living within a 20-mile radius of the City of Moreno Valley , but only 1,0 93,068 currently employed within that same radius, and 75,353 of those are employed in the Construction Industry; and WHEREAS, promotion of local hiring and skilled and trained workforce programs can ensure that Moreno Valley residents can find quality jobs close to where they live, as well as potentially reduce the time otherwise necessary to commute to jobs located in other cities; and
WHEREAS, the Housing Authority desires to promote local hiring and skilled and trained workforce programs for Housing Authority-owned surplus property sold through the open market to promote the creation of local quality jobs; and
NOW, THEREFORE, THE MORENO VALLEY HOUSING AUTHORITY ,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: Application. This Resol ution shall apply to all Housing Authority - owned real property declared to be surplus or exempt s urplus, which the Housing Authority seeks to sell on the open market after complying with the Surplus Land Act (Government Code §§ 54220, et seq.), and on which the buyer intends to con struct proposed development, buildings, facilities or other improvements on the real property (“Project”). This Resolution shall apply whether the Housing Authority seeks to dispose of the property through a Re quest for Proposal (“RFP”) process o r through direct A.6.c
Packet Pg. 184
Attachment: HA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 2 Resolution No. HA 2022-XX
Date Adopted: May 17, 2022
negotiations.
Section 2: Local Hire Goals . Unless such a requirement would conflict with State or Federal law or regulation applicable to a particul ar sale of real property, all prospective buyers of Housing Authority-owned surplus or exempt surplus real property shall commit to make good faith efforts to employ qualified local individuals in sufficient numbers so that no less than thirty (30) percent of the work force, measured in labor hours, is comprised of local individuals for the construction of the Project.
No less than semi -annually during the course of construction, the buyer shall provide to the Housing Authority a statement showing that eit her the thirty (30) percent local individuals hiring goal has been met or that the buyer made good faith efforts to reach that goal. Such reports shall be signed by the buyer under penalty of perjury.
For the purposes of this section, the following definitions shall apply:
“Local individual” shall mean an individual with a permanent resi dence within a 20-mile radius of the center of the City of Moreno Valley. “Good faith efforts” includes, but is not limited to: (1) Contacti ng and engaging local hiring halls and reputable recruitment s ources, such as the American Jobs Center located in Moreno Valley , to identify qua lified local individuals; (2) Advertising available jobs in trade papers and newspapers of general circulation within the City of Moreno Valley; (3) Providing ongoing assista nce to local individuals in completing job application forms; (4) Conducting or partic ipating in a job application workshop within the City of Moreno Valley to assist the community in applying a nd interviewing for jobs in the c ontracting industry; (5) Cond ucting job interviews within 20 miles of the real property; and (6) Any other means of obtaining employees who are local individuals that are reasonably calculated to comply with the goals of this section.
Section 3: Skilled an d Trained Workforce/Apprentic eship Program Participation.
Unless such requirement would conflict with a State or Federal law or regulation applicable to a particular sale of real property, all prospective buyers of Housing Authority-owned real property sha ll commit to disclose the percentage of Sk illed and Trained Workforce u tilized during the course of construction of the Project and their commitment to work with area State certified apprenticeship programs to use a Skilled and Trained Workforce during the construction of any proposed development, buildings, facilities or other improvements on the real property. This shall apply only to apprenticeable occupations involved in the proposed construction for which there are State certified apprenticeship programs. For real property sought to be sold th rough the Request for Proposal process, additional scoring points, up to the equivalent of ten points, shall be given to prospective buyers that commit to the use of a Skilled and Trained Workforce and to the use o f apprenticeship programs. Points shall be awarded on a sliding scale basis based on the perc entage of Skilled and Trained Workforce the A.6.c
Packet Pg. 185
Attachment: HA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 3 Resolution No. HA 2022-XX
Date Adopted: May 17, 2022
prospective buyer has committed to use.
Each buyer of Housing Authority-owned real property required to comply with this section shall provide semi-annual reports during con struction showing compliance with this section. Such reports shall be signed by the buyer under penalty of perjury.
For the purposes of this section, “skilled and trained workforce” shall have t he same meaning as in Public Contract Code section 2601, excep t that any listed percentage thresholds in section 2 601 shall not be mandatory for purposes of this Resolution.
Section 4: The buyer of Housing Authority-owned surplus or exempt surplus real property, or buyer’s representative, shall have the right to determine the com petency of all individuals hired, the number of employees required, the duties of such employees within their occupation, and shall have the right to reject an applicant for any reason; however, buyer shall exercise this right in good faith and not for the purpose of avoiding the provisions of this Resolution.
Section 5: The provisions of this resolution shall be incorporated into each Request for Proposals seeking to sell Housing Authority -owned surplus or e xempt surplus real property and into each purchase and sale ag reement for the sale of Housing Authority-owned surplus or exempt surplus real property.
Section 6: This Resolution shall become effective immediately.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED this 17th day of May 17, 2022.
___________________________
Mayor of the City of Moreno Valley,
Acting in the capacity of Chairman of the
Moreno Valley Housing Authority
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
A.6.c
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Attachment: HA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 4 Resolution No. HA 2022-XX
Date Adopted: May 17, 2022
Housing Authority
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Housing Authority
A.6.c
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Attachment: HA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE 5 Resolution No. HA 2022-XX
Date Adopted: May 17, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Brian Mohan, Secretary of the Moreno Valley Housing Authority of the City of Moreno Valley, California, do hereby certify that Resolution No. HA 2022-XX was duly and regularly adopted by the Commissioners of the Moreno Valley Housing Authority at a regular meeting thereof held on the 17th day of May, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Vice Chairman and Chairman)
___________________________________
CITY CLERK
(SEAL)
A.6.c
Packet Pg. 188
Attachment: HA Resolution [Revision 1] (5822 : RESOLUTIONS ESTABLISHING LOCAL HIRING GOALS AND SKILLED WORKFORCE
Report to City Council
ID#5817 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
Steve Fries, Animal Services Division Manager
AGENDA DATE: May 17, 2022
TITLE: 2022 CDFA SPAY-NEUTER GRANT AWARDS
RECOMMENDED ACTION
Recommendations:
1. Receive and ac cept two grant awards totaling $42,500 from the California Department of Food and Agriculture: the first award in the amount of $35,000 from the 2022 Pet Lover’s License Plate Program, and the second award in the amount of $7,500 from the 2022 Prevention of Animal Homelessness & Cruelty Tax Contribution Fund. Both awards are focused on providing low to no -cost spaying and neutering of dogs and cats.
2. Approve the revenue and expense budget adjustments in the amount of $42,500 as set forth in the Fiscal Impact section of this report.
SUMMARY
This report recommends a cceptance of two grant awards from the California Department of Food & Agriculture (CDFA) totaling $42,500; the first award is from the 2022 Pet Lover’s License Plate Program in the amount of $35, 000 and the second award is from the 2022 Prevention of Animal Homelessness & Cruelty Tax Contribution Fund in the amount of $7,500 , along with the approval of the related revenue and expense budget adjustments. Funds will be used to create an additional f unding source for spay-neuter services for dogs and cats owned by individual residents of the City as well as promote the adoption of homeless pets found in the community.
DISCUSSION
The CDFA administers the 2022 Pet Lover’s License Plate Program and the 2022 Prevention of Animal Homelessness & Cruelty Tax Contribution Fund. Both grant funds A.7
Packet Pg. 189
are competitive among Animal Shelters throughout California, with the focus on reducing pet overpopulation through subsidizing spay and neuter services for dogs and cats.
The 2022 Pet Lover’s License Plate Grant Program receives funding through the California Department of Motor Vehicles (DMV). The DMV provides options to vehicle owners to select a special interest or personalized license plate for their vehicle(s) and collects an additional annual fee for special interest license plates when owners renew their vehicle registration. The Pet Lover’s License Plate is one of eleven “Special Interest” license plates options available. This program is promoted on the City’s Animal Services Division’s webpage. On January 20, 2022, Moreno Valley Animal Services submitted their grant application entitled project “PPOP” – Prevent Pet Over Population.
Funds will be used to continue altering feral and community cats, provide low -to-no-cost spay and neuter services for pets owned by low-income residents, military veterans, senior citizens, as well as services for the more difficult to adopt pets prior to their transfer with the purpose of increasing our Live Release Rate.
The 2022 Prevention of Animal Homelessness and Cruelty Fund receives funding through the California Franchise Tax Board. For the 2021 tax year, California taxpayers may elect to donate all or any portion of their state income tax refund to the Animal Homelessness and Cruelty Fund. Moreno Valley Animal Services met the eligibility requirements of being current on the 2021 reporting requirement to the State Department of Public Health, Veterinary Public Health Section (Annual Report of Rabies Control) along with offe ring low-cost spay and neuter services for dogs and cats at the Moreno Valley Animal Clinic. Eligible agencies receiving less than 5,000 dogs and cats annually are eligible to receive up to $ 7,500. Funds will be used to issue redeemable spay-neuter vouchers to City residents for spay-neuter services.
The objective of both grant funds is to continue to move towards and achieve a 5% reduction in annual intake of stray and unwanted dogs and cats at the Moreno Valley Animal Shelter. This reduction will ensure a healthier animal population of pets within the City’s municipal animal shelter , thereby increasing the positive outcomes of pets through adoptions by the public and transfers to our animal rescue partners.
ALTERNATIVES
1) Accept the grant awards of $42,50 0 and approved the revenue and expense budget adjustments. Staff recommends this alternative as it will have a positive impact on the community by reducing unwanted litters of pets directly assisting City residents.
2) Do not accept the grant awards of $42,5 00. Staff does not recommend this alternative.
FISCAL IMPACT
The fiscal impact of accepting the grant awards in the amount of $42,500 will increase A.7
Packet Pg. 190
the Animal Services Division’s revenue and expenditure budgets for FY 2021 -22 as identified below.
Description Fund GL Account No. Type
(Rev/Exp)
FY 20/21
Budget
Proposed
Adjustments
FY 20/121
Amended Budget
Grant Operating
Revenue
2300 2300-20-38-73312-486000 Rev $13,121 $42,500 $55,621 Professional
Svcs. - Veterinary
2300 2300-20-38-73312-620250 Exp $13,121 $42,500 $55,621
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Steve Fries Manuel A. Mancha
Animal Services Division Manager Community Development 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.
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.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
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 2.11: Protect people and property against animal rela ted injury and nuisance through enforcement of local and state animal welfare laws and ordinances.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
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1. CDFA-2022Spay-NeuterGrantAwards
APPROVALS
Budget Officer Approval ✓ Approved . 5/09/22 9:40 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/09/22 10:28 AM A.7
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Attachment: CDFA-2022Spay-NeuterGrantAwards (5817 : 2022 CDFA Spay-Neuter Grant Awards) A.7.a
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Attachment: CDFA-2022Spay-NeuterGrantAwards (5817 : 2022 CDFA Spay-Neuter Grant Awards) A.7.a
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Attachment: CDFA-2022Spay-NeuterGrantAwards (5817 : 2022 CDFA Spay-Neuter Grant Awards) A.7.a
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Attachment: CDFA-2022Spay-NeuterGrantAwards (5817 : 2022 CDFA Spay-Neuter Grant Awards)
Report to City Council
ID#5819 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: May 17, 2022
TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
FOR THE MORENO VALLEY ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE MASTER PLAN
RECOMMENDED ACTION
Recommendation:
1. Adopt a Resolution of the City Council of the City of Moreno Valley, California, authorizing the Cit y Manager to execute an agreement with the California Department of Transportation for the Moreno Valley Electric Vehicle Charging Infrastructure Master Plan.
2. Authorize a budget adjustment as set forth in the Fiscal Impact Section.
SUMMARY
This report r ecommends accepting the Sustainable Transportation Planning Grant funding and authorizing the City Manager to execute the master agreement with Caltrans.
DISCUSSION
The City of Moreno Valley will develop an Electric Vehicle (EV) Charging Infrastructure Master Plan. The Master Plan will provide a comprehensive, systematic approach to building an EV infrastructure network designed to facilitate the movement of electric vehicles within the City and surrounding areas, encourage the growth of electric vehicle ownership, incentivize electrification of public and private sector fleets, and provide affordable access to EV charging stations for all users, including those residing in A.8
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disadvantaged communities within the City. These initiatives will directly support the State’s climate goals to reduce GHG emissions to 40 percent below 1990 levels by 2030, and 80 percent below 1990 levels by 2050, as well as assist the City with achieving its energy efficiency and climate adaptation targets.
On April 4, 2022, the Cit y of Moreno Valley was awarded the Sustainable Transportation Planning Grant in the amount of $250,000. The City is required to provide $32,390 as the local match. Therefore, the total project amount is $282,390.
One of the California Department of Tra nsportation’s prerequisites to grant acceptance is that the City adopt a Resolution delegating signature authority for related agreements.
Adoption of the Resolution will authorize the City Manager, or his/her designee, to execute agreements with the Calif ornia Department of Transportation for the Moreno Valley Electric Vehicle Charging Infrastructure Master Plan relating to the California Department of Transportation Sustainable Transportation Planning Grant Program.
ALTERNATIVES
1. Accept the recommende d actions as presented in this staff report. This alternative will allow the City to use state funding to develop an Electric Vehicle (EV) Charging Infrastructure Master Plan.
2. Do not approve the recommended actions as presented in this staff report. This alternative will not allow the City to develop an Electric Vehicle (EV) Charging Infrastructure Master Plan.
FISCAL IMPACT
The project is funded by Sustainable Transportation Planning Grant and General Fund as the local match.
Category Fund GL Account
Project Number
Type FY
22/23Budge
t
Proposed
Adjustment
FY
22/23Amended
Budget
CIP Capital Projects Grants
2301-99-99-92301-486010
810 0021-2301-98
REV $0 $250,000 $250,000
CIP Capital Projects Grants
2301-70-76-80010-720199
810 0021-2301-99 EXP $0 $250,000 $250,000
Operating
Budget
PW-Transportation
1010-70-76-45110-620299 EXP $50,000 ($32,390) $17,610
CIP Capital Projects Grants
1010-70-76-80010-720199
810 0021-1010-99
EXP $0 $32,390 $32,390
NOTIFICATION
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Publication of agenda
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Wei Sun, T.E., PTOE Michael Lloyd, P.E.
City Traffic Engineer Public Works Director/City Engineer
CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and pr operty 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.
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 SIGNATURE AUTHORITY CALTRANS ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN (5.3.22)
APPROVALS
Budget Officer Approval ✓ Approved . 5/09/22 12:44 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/09/22 12:51 PM A.8
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Attachment “_“
Resolution No. 2022-___
Date Adopted: May 17, 2022
RESOLUTION NO. 2022-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
MORENO VALLEY ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE MASTER PLAN
WHEREAS, the City Council of the City of Moreno Valley is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed t hrough the Transportation Planning Grant Program; and
WHEREAS, the City Council of the City of Moreno Valley wishes to delegate authorization to execute these agreements and any amendments thereto as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. RECTIALS
The Recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. CITY MANAGER AUTHORITY
That the City Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the City of Moreno Valley all agreements with California Department of Transportation.
Section 3. SEVERABILITY
That if any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Moreno Valley hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of t he fact that A.8.a
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Attachment: RESOLUTION SIGNATURE AUTHORITY CALTRANS ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN (5.3.22) Attachment “_“
Resolution No. 2022-___
Date Adopted: May 17, 2022
anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 4. 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 5. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and entire it into the book of original resolutions.
APPROVED AND ADOPTED THIS 17th day of May, 2022.
__________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST:
________________________________
Brian Mohan, Acting City Clerk
APPROVED AS TO FORM:
________________________________
Steven B. Quintanilla, Interim City Attorney
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Attachment: RESOLUTION SIGNATURE AUTHORITY CALTRANS ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN (5.3.22) Attachment “_“
Resolution No. 2022-___
Date Adopted: May 17, 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-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereo f held on the 17th day of May 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
CITY CLERK
(SEAL)
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Attachment: RESOLUTION SIGNATURE AUTHORITY CALTRANS ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN (5.3.22)
Report to City Council
ID#5737 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: May 17, 2022
TITLE: ADOPT RESOLUTION 2022 -XX, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MORENO VALLEY,
CALIFORNIA, APPROVING UPDATES TO 2022 WILDFIR E
MITIGATION PLAN FOR MORENO VALLEY UTILITY
RECOMMENDED ACTION
Recommendation:
1. Adopt Resolution No. 2022 -XX, a Resolution of the City Council of the City of Moreno Valley, California, approving updates to the 2022 Wildfire Mitigation Plan for Moreno Valley Utility.
2. Authorize City Manager to make minor plan modifications and submit to the State to ensure compliance with State legislation.
SUMMARY
Staff recommends City Council approve the updates to the Moreno Valley Utility (MVU) 2022 Wildfire Mitigation Plan. The Plan conforms to the requirements of Senate Bill 901 (SB 901) and Assembly Bill 1054 (AB 1054) which were signed into law in September 2018, and July 2019 respectively. This update incorporates recommended additions and changes outlined by the California Wildfire Safety Advisory Board.
MVU’s entire electric distribution system is located underground in conduit and vaults.
The undergrounding of electrical infrastructure is an effective mitigation measure to reduce the cause of power -line igni ted wildfires. Despite this low risk, MVU takes appropriate actions to help prevent and respond to increasing risk of devastating wildfires. MVU follows all applicable design, construction, operation, and maintenance requirements reducing safety risks asso ciated with its system. The Wildfire Mitigation Plan describes the measures MVU follows to reduce its risk of causing wildfires. This Wildfire Mitigation Plan helps meet MVU’s overarching goal to provide safe, reliable, A.9
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and economical electric service to the community.
MVU received additional guidance from the California Wildfire Safety Advisory Board in the form of a Guidance Advisory Opinion for the 2022 Wildfire Mitigation Plans of Electric Publicly Owned Utilities and Rural Electric Cooperatives on Ma rch 2, 2022.
MVU has addressed the recommendations and is seeking approval from the City Council on the updates to the Wildfire Mitigation Plan.
DISCUSSION
In 2016, Governor Brown signed Senate Bill (“SB”) 1028 (stats. 2016), which required Publicly Owned Utilities (“POUs”) to identify additional wildfire mitigation measures that the POU could take if the POU governing board first found that its overhead electric lines and equipment posed a significant risk of causing a catastrophic wildfire. SB 1028 required that the POU governing board (City Council) must base this determination on “historical fires and local conditions,” and must consult with local fire departments and other entities with responsibilities for the control of wildfires within the relev ant area.
These requirements were specified in the newly added Public Utilities Code Section 8387.
In 2018, the California Public Utilities Commission (CPUC) completed the development of the statewide Fire Threat Map that designates areas of the state at an elevated risk of electric line-ignited wildfires. 1 This updated map incorporated historical fire data, fire - behavior modeling, and assessments of fuel, weather modeling, and a host of other factors. The map development and approval process involved d etailed review by the relevant utility staff and local fire officials, a peer review process, and ultimate approval by a team of technical experts led by the California Department of Forestry and Fire Protection (“CAL FIRE”). The CPUC’s Fire Threat Map in cludes three Tiers/Levels of fire threat risk. Tier 1 consists of areas that have the lowest hazards and risks. Tier 2 consists of areas where there is an elevated risk for destructive electric line -ignited wildfires. Finally, Tier 3 consists of areas where there is an extreme risk for destructive electric line-ignited wildfires.
Governor Brown signed SB 901 (stats. 2018), which addressed a wide range of issues relating to wildfire prevention, response, and recovery. SB 901 substantially revised the Public Utilities Code Section 8387, eliminating the prior process established by SB 1028 and instead making it mandatory for all POUs (regardless of size or wildfire risk) to develop a wildfire mitigation plan. Pursuant to the amended Section 8387, all POUs must present a wildfire mitigation plan to its governing board prior to January 1, 2020, and annually thereafter. Section 8387(b)(2) specifies the topics that must be addressed in the POU wildfire mitigation plans, which includes: (a) the responsibilities of the
1 PG&E Advice Letter 5211 -E/3172-E, “Joint Filing – Adoption of Final California Public Utilities Commission Fire -Threat Map,” Jan. 5, 2018 , available at https://www.pge.com/tariffs/assets/pdf/adviceletter/ELEC_5211-E.pdf; SED Disposition Letter Approving Advice Letter 5211 -E/3172-E, January 19, 2018, available at https://www.pge.com/tariffs/assets/pdf/adviceletter/ELEC_5211-E.pdf.
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persons tasked with executing the plan; (b) a description of the POU’s wildfire mitigation preventative strategies and programs; (c) a description of the metrics the POU will use to evaluate the wildfire mitigation plan’s performance and discussion of how those metrics informed the current wildfire mitigation plan; (d) protocols for disabling reclosers and deenergizing portions of the electrical system; and (e) identification, description, and prioritization of all wildfire risks within the POU’s service territory.
SB 901 requires that POUs must present their wildfire mitigation plan at an appropriately noticed public meeting and receive public comment. The POU must also verify that the wildfire mitigation plan complies with all applicable rules, regulations, and standards. POUs must also have their plan reviewed by a qualified independent evaluator to assess the comprehensiveness of the plan every three years, which occurred last year.
In 2019, two new bills (SB 1054 and SB 111) made additional major reforms relating to wildfires. As part of these reforms, SB 111 created a new state agency called the California Wildfire Safety Advisory Board (“Board”). The members of the board must be selected from industry experts, academics, and people with l abor and workforce safety experience. At least three members must be experienced in the safe operation, design, and engineering of electrical infrastructure. SB 1054 requires that all POUs must submit their wildfire mitigation plans to the Board by July 1 of each year, starting in 2020. The Board will then review the POU plans and will provide comments and advisory opinions on the content and sufficiency of the plans. If additional Board requirements are received this year, further revisions of the adop ted updated MVU Wildfire Mitigation Plan may be required. Any substantive changes will be brought to the City Council for consideration.
Pursuant to Public Utilities Code, Section 8387, MVU has prepared the required updates to the wildfire mitigation p lan. Updates include fire ignition data for reporting year 2021, Public Safety Power Shutoff notification procedures, and the inclusion of the Wildfire Safety Advisory Board’s Informational Response document. Staff has reviewed MVU’s wildfire mitigation plan and concluded that the plan meets all the required criteria as provided in Section 8387.
The 2022 MVU Wildfire Mitigation Plan was approved by Moreno Valley City Council on January 4, 2022. The California Wildfire Safety Advisory Board published the f inal Guidance Advisory Opinion for the 2022 Wildfire Mitigation Plans of Electric Publicly Owned Utilities and Rural Electric Cooperatives on March 2, 2022. Staff has addressed the general recommendations set forth by the California Wildfire Safety Adviso ry Board and directly complied with the specific suggestions made for MVU. Staff recommends approving the updates to the Moreno Valley Utility 2022 Wildfire Mitigation Plan.
MVU will submit its adopted updated wildfire mitigation plan to the California W ildfire Safety Advisory Board prior to July 1, 2022.
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In 2023 MVU will be required to conduct a comprehensive review of the Wildfire Mitigation Plan and complete and submit findings of an independent third-party evaluator.
ALTERNATIVES
1. Approve the update s to the MVU Wildfire Mitigation Plan. The plan provides baseline procedure and practice of safe and effective operation of the MVU electric system while minimizing risks of wildfires. Approval of the updates will keep MVU in compliance with state mandates . This update incorporates current recommended additions and changes outlined in the Guidance Advisory Opinion issued by the California Wildfire Safety Advisory Board. Staff recommends this alternative.
2. Do not approve the MVU Wildfire Mitigation Plan. This action would delay the submission of an adopted Wildfire Mitigation Plan and MVU will not be in compliance with state mandates. Staff does not recommend this action.
FISCAL IMPACT
There is no cost associated with the approval of the MVU Wildfire Mitigation Plan.
NOTIFICATION
Publication of the Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Dean Ayer Michael Lloyd
Senior Management Analyst Public Works Director/City Engineer
Concurred By:
Jeannette Olko
Electric Utility Division Manager
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
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
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Objective 4.1: Develop a Moreno Valley Utility Strategic Plan to prepare for the 20 22 expiration of the ENCO Utility Systems agreement.
ATTACHMENTS
To view large attachments, please click your “boo kmarks” on the left hand side of this document for the necessary attachment.
1. Resolution Updated Wildfire Mitigation Plan 05172022
2. Updated MVU 2022 Wildfire Mitigation Plan
APPROVALS
Budget Officer Approval ✓ Approved . 5/09/22 9:44 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/09/22 1:48 PM A.9
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Attachment 1
1 Resolution No. 2022-XX
Date Adopted: May 17, 2022
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, TO APPROVE
UPDATES TO THE 2022 WILDFIRE MITIGATION PLAN
WHEREAS, the City of Moreno Valley (the “City”), a municipal corporation, is authorized pursuant to Article XI, Section 9(a) of the California Constitution to establish, purchase, and operate public works to furnish its inhabitants with light, water, power, heat, transportation, or means of communication; and
WHEREAS, on June 26, 2001, the City Council o f the City of Moreno Valley approved Resolution No. 2001 -33 and, as amended by Resolution 2002 -46, authorized the formation of a municipally owned utility for the purpose of providing electrical power, storm water, telephone telecommunications, cable TV, w ater, natural gas, and sanitary sewer; and
WHEREAS, Moreno Valley Utility is generally subject to the legislative and regulatory requirements applicable to local publicly owned electric utilities (“POUs”); and WHEREAS, Senate Bill (“SB”) 1028 (stats. 2016) , adding California Public Utilities Code, Section 8387, requires each POU to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of wildfire posed by those electrical lines and equipment; and
WHEREAS, SB 901 (s tats. 2018), amending California Public Utilities Code Section 8387, requires all POUs to prepare a wildfire mitigation plan before January 1, 2020, and annually thereafter; and
WHEREAS, California Public Utilities Code Section 8387(b)(2) speci fies the content that must be included in each POU’s wildfire mitigation plan; and WHEREAS, California Public Utilities Code Section 8387(c) requires each POU to have a qualified independent evaluator review its wildfire mitigation plan to assess the comprehensiveness of its plan and to issue a report that is made available on the POU’s website and presented at a public meeting; and
WHEREAS, California Public Utilities Code Section 8387(b)(3) requires each POU to present its wildfire mitigation plan at an appropriately noticed public meeting and to verify that its plan complies with all applicable rules, regulations, and standards, as appropriate; and
WHEREAS, SB 111 (stats. 2019), adding California Public Utilities Code Section 326.1, established the California Wildfire Safety Advisory Board; and A.9.a
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Attachment: Resolution Updated Wildfire Mitigation Plan 05172022 [Revision 1] (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE 2 Resolution No. 2022-XX
Date Adopted: May 17, 2022
WHEREAS, SB 1054 (stats. 2019), amending California Public Utilities Code Section 8387, requires each POU to submit its wildfire mitigation plan to the California Wildfire Safety Advisory Board by July 1 of each year, starting in the year 2020; and
WHEREAS, pursuant to California Public Utilities Code Section 326.2, the California Wildfire Safety Advisory Board will review each POU’s wildfire mitigation plan and will provide comments and advisory opinions on the content and sufficiency of each plan; and
WHEREAS, Moreno Valley Utility staff prepared an updated wildfire mitigation plan for calendar year 2022, addressing all statutory criteria and comments from the Wildfire Safety Advisory Board; and
WHEREAS, Moreno Valley Utility staff verified that the wildfire mitigation plan complies with all applicable rules, regulations, and standards; and
WHEREAS, Moreno Valley Utility staff will submit its wildfire mitigation plan, adopted today by the City Council of the City of Moreno Valley, California, to the California Wildfire Safety Advisory Board before July 1, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council , pursuant to California Pu blic Utilities Code Section 8387, hereby approves updates to Moreno Valley Utility ’s Wildfire Mitigation Plan, attached hereto as Exhibit A (incorporated herein by reference): and
2. Authorize City Manager to make minor plan modifications and submit to the State to ensure compliance with State legislation.
APPROVED AND ADOPTED this 17th day of May 2022.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
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Attachment: Resolution Updated Wildfire Mitigation Plan 05172022 [Revision 1] (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE 3 Resolution No. 2022-XX
Date Adopted: May 17, 2022
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
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Attachment: Resolution Updated Wildfire Mitigation Plan 05172022 [Revision 1] (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE 4 Resolution No. 2022-XX
Date Adopted: May 17, 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, C alifornia, do hereby certify that Resolu tion 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 17th 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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Attachment: Resolution Updated Wildfire Mitigation Plan 05172022 [Revision 1] (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE
EXHIBIT A
2022 Wildfire
Mitigation Plan
Update
May 17, 2022
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Attachment: Updated MVU 2022 Wildfire Mitigation Plan (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE TO 2022 MVU WILDFIRE 2022 MVU Wildfire
Mitigation Plan Update
April 22, 2022 2
Table of Contents
I. Utility Context Summary ................................................................................................................................................. 3 II. Overview ......................................................................................................................................................................... 5 A. Policy Statement ......................................................................................................................................................... 5 B. Purpose of the Wildfire Mitigation Plan ..................................................................................................................... 6 C. Organization of the Wildfire Mitigation Plan .............................................................................................................. 6 III. Objectives of the Wildfire Mitigation Plan .................................................................................................................. 6 IV. Roles and Responsibilities ........................................................................................................................................... 7 A. Utility Governance Structure ...................................................................................................................................... 7 B. Wildfire Prevention ..................................................................................................................................................... 8 C. Wildfire Response and Recovery ................................................................................................................................ 9 D. Standardized Emergency Management System ....................................................................................................... 10 V. Wildfire Risks and Drivers Associated with Design, Construction, Operation, and Maintenance ................................ 12 A. Particular Risks and Risk Drivers Associated with Topographic and Climatological Risk Factors ............................. 12 B. Enterprise-wide Safety Risks ..................................................................................................................................... 12 VI. Wildfire Preventative Strategies ............................................................................................................................... 13 A. High Fire Threat District ............................................................................................................................................ 13 B. Design and Construction Standards .......................................................................................................................... 13 C. Vegetation Management .......................................................................................................................................... 13 D. Inspections ................................................................................................................................................................ 13 E. California Public Utility Commission Wildfire Threat Map ........................................................................................ 14 F. CalFire Fire Threat Map ............................................................................................................................................. 15 G. Reclosing Policy ......................................................................................................................................................... 15 H. De-energization ......................................................................................................................................................... 15 VII. Restoration of Service ............................................................................................................................................... 15 VIII. Evaluation of the Plan ............................................................................................................................................... 16 A. Metrics and Assumptions for Measuring Plan Performance .................................................................................... 16 B. Impact of Metrics on Plan ......................................................................................................................................... 17 C. Monitoring and Auditing the Plan ............................................................................................................................. 17 D. Identifying and Correcting Deficiencies in the Plan .................................................................................................. 17 E. Monitoring the Effectiveness of Inspections ............................................................................................................ 17 IX. Attachment A 2021 Informational Response ............................................................................................................ 18 A.9.b
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Attachment: Updated MVU 2022 Wildfire Mitigation Plan (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE TO 2022 MVU WILDFIRE 2022 MVU Wildfire
Mitigation Plan Update
April 22, 2022 3
I. Utility Context Summary
Requirement Statutory Language Location in
WMP
Persons
Responsible
PUC § 8387(b)(2)(A): An accounting of the
responsibilities of
persons responsible for executing the plan.
Section 4
Objectives of
the Plan
PUC § 8387(b)(2)(B): The objectives of the wildfire
mitigation
plan.
Section 3
Preventive
Strategies
PUC § 8387(b)(2)(C): A description of the
preventive strategies and programs to be
adopted by the local publicly owned electric
utility or electrical cooperative to minimize the
risk of its electrical lines and equipment causing
catastrophic wildfires,
including consideration of dynamic climate change
risks.
Section 6
Evaluation
Metrics
PUC § 8387(b)(2)(D): A description of the
metrics the local publicly owned electric utility
or electrical cooperative plans to use to
evaluate the wildfire mitigation plan’s
performance
and the assumptions that underlie the use of
those metrics.
Section 8
Impact of
Metrics
PUC § 8387(b)(2)(E): A discussion of how the
application of previously identified metrics to
previous wildfire mitigation
plan performances has informed the wildfire
mitigation plan.
Section 8
Deenergization
Protocols
PUC § 8387(b)(2)(F): Protocols for disabling
reclosers and deenergizing portions of the
electrical distribution system that consider the
associated impacts on public safety, as well as
protocols related to mitigating the public safety
impacts of those protocols, including impacts on
critical first responders
and on health and communication infrastructure.
Section 6
Customer
Notification
Procedures
PUC § 8387(b)(2)(G): Appropriate and feasible
procedures for notifying a customer who may
be impacted by the deenergizing of electrical
lines. The procedures shall consider the need to
notify, as a priority, critical first responders,
health
care facilities, and operators of
telecommunications infrastructure.
Section 4, 7
Vegetation
Management
PUC § 8387(b)(2)(H): Plans for vegetation
management.
Section 6
Inspections PUC § 8387(b)(2)(I): Plans for inspections of the Section 6 A.9.b
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Attachment: Updated MVU 2022 Wildfire Mitigation Plan (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE TO 2022 MVU WILDFIRE 2022 MVU Wildfire
Mitigation Plan Update
April 22, 2022 4
local publicly owned electric utility’s or
electrical cooperative’s electrical
infrastructure.
Prioritization of
Wildfire Risks
PUC § 8387(b)(2)(J): A list that identifies,
describes, and prioritizes all wildfire risks, and
drivers for those risks, throughout the local
publicly owned electric utility’s or
electrical cooperative’s service territory. The list
shall include, but not be limited to, both of the
following:
(i) Risks and risk drivers associated with design,
construction, operation, and maintenance of the
local publicly owned electric utility’s or electrical
cooperative’s equipment and facilities.
(ii) Particular risks and risk drivers associated
with topographic and climatological risk factors
throughout the different parts of the local
publicly owned electric utility’s or electrical
cooperative’s service territory.
Section 5
CPUC Fire
Threat Map
Adjustments
PUC § 8387(b)(2)(K): Identification of any
geographic area in the local publicly owned
electric utility’s or electrical cooperative’s
service territory that is a higher wildfire threat
than is identified in a commission fire threat
map, and identification of where the
commission should expand a high
fire threat district based on new information or
changes to the environment.
Section 6
Enterprisewide
Risks
PUC § 8387(b)(2)(L): A methodology for identifying
and
presenting enterprisewide safety risk and wildfire-
related risk.
Section 5
Restoration of
Service
PUC § 8387(b)(2)(M): A statement of how
the local publicly owned electric utility or
electrical cooperative will restore
service after a wildfire.
Section 7
Monitor and
Audit
PUC § 8387(b)(2)(N): A description of the
processes and procedures the local publicly
owned electric utility or electrical cooperative
shall use to do all of the following
(i) Monitor and audit the implementation
of the wildfire mitigation plan.
(ii) Identify any deficiencies in the wildfire
mitigation plan or its implementation and
correct those deficiencies.
(iii) Monitor and audit the effectiveness of
electrical line and equipment inspections,
Section 8
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including inspections performed by
contractors, that are carried out under the
plan, other applicable statutes, or
commission rules.
Qualified
Independent
Evaluator
PUC § 8387(c): The local publicly owned
electric utility or electrical cooperative shall
contract with a qualified independent
evaluator with experience in assessing the safe
operation of electrical infrastructure to review
and assess the comprehensiveness of its
wildfire mitigation plan. The independent
evaluator shall issue a report that shall be
made available on the Internet Web site of the
local publicly owned electric utility or electrical
cooperative and shall present the report at a
public meeting of the local publicly owned
electric utility’s or electrical cooperative’s
governing board.
https://moval.gov/mvu/pubs/MVU-
WildfireMitigationPlanEvaluation.pdf
Utility Name Moreno Valley Utility
Size in Square Miles 33.48 square miles
Assets ☐ Transmission ☑ Distribution ☑ Generation
Number of Customers Served 6,524 as of December 2020
Customer Classes ☑ Residential ☑ Government ☐ Agricultural ☑ Small/Medium Business ☑ Commercial/Industrial
Location/Topography ☑ Urban ☐ Wildland Urban Interface
☐ Rural/Forest ☐ Rural/Desert ☐ Rural/Agriculture
Percent Territory in
CPUC High Fire Threat Districts
☑ Includes maps 0% in Tier 2 0% in Tier 3
CAL FIRE FRAP Map Fire Threat Zones ☑ Includes maps 0% Extreme 0% Very High 0% High Existing Grid Hardening Measures ☑ Describes hardened & non-hardened infrastructure Utility Fire Threat Risk Level ☐ High ☑ Low ☐ Mixed
Impacted by another utility’s PSPS? ☑ Yes ☐ No
Mitigates impact of another utility’s PSPS? ☑ Yes ☐ No
Expects to initiate its own PSPS? ☐ Yes ☑ No
Prevailing wind directions & speeds by season ☐ Includes maps ☐ Includes a description II. Overview
A. Policy Statement
Moreno Valley Utility’s overarching goal is to provide safe, reliable, and economic electric service to its local community.
In order to meet this goal, Moreno Valley Utility constructs, maintains, and operates its electrical line s and equipment in a manner that minimizes the risk of catastrophic wildfire posed by its electrical lines and equipment.
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B. Purpose of the Wildfire Mitigation Plan
Moreno Valley Utility’s (MVU) entire electric supply system is located underground in conduit and vaults. Historically, undergrounded electric lines have not been associated with catastrophic wildfires. The undergrounding of electric lines serves as an effective mitigation measure to reduce the potential of power-line ignited wildfires. Based on a review of local conditions and historical fires, MVU has determined that its electrical lines and equipment do not pose a significant risk of catastrophic wildfire.
Despite this low risk, MVU takes appropriate actions to help its region prevent and respond to the increasing risk of devastating wildfires. In its role as a public agency, MVU closely coordinates with other local safety and emergency officials to help protect against fires and respond to emergencies. In its role as a utility, MVU follows all applicable design, construction, operation, and maintenance requirements that reduce safety risks associated with its system. This Wildfire Mitigation Plan describes the safety-related measures that MVU follows to reduce its risk of causing wildfires.
C. Organization of the Wildfire Mitigation Plan
This Wildfire Mitigation Plan included the following elements:
• Objectives of the plan;
• Roles and responsibilities for carrying out the plan; • Identification of key wildfire risks and risk drivers; • Description of wildfire prevention, mitigation, and response strategies and programs; • Metrics for evaluating the performance of the plan and identifying areas for improvement; • Review and validation of the plan; and
• Timelines.
III. Objectives of the Wildfire Mitigation Plan
The primary goal of this Wildfire Mitigation Plan is to describe MVU’s existing programs, practices, and measures that effectively reduce the probability that MVU’s electric supply system could be the origin or contributing source for the ignition of a wildfire. To support this goal, MVU regularly evaluates the prudent and cost-effective improvements to its physical assets, operations, and training that can help reduce the risk of equipment-related fires.
The secondary goal of this Wildfire Mitigation Plan is to improve the resiliency of the electric grid. As part of the development of this plan, MVU assesses new industry practices and technologies that will reduce the likelihood of an interruption (frequency) in service and improve the restoration (duration) of service.
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IV. Roles and Responsibilities
A. Utility Governance Structure
Special Districts
Electric Utility
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The City of Moreno Valley is a general law city that operates under a Council-Manager form of government. MVU is governed by a five-member City Council. Four Council Members are elected by district to staggered, four-year terms, while the Mayor is directly elected. The council appoints the City Manager, who oversees the daily operations of the City. Volunteer Commissions and Boards, as well as several Citizen Advisory Committees help guide the Council in its decisions. The City Council formed a five-member Utilities Commission, whose purpose is to provide additional review for all matters pertaining to MVU. Commissioners are citizen volunteers, appointed by the City Council for three-year terms.
MVU's Wildfire Mitigation Plan is developed by staff and then reviewed by the Division Manager, Public Works Director, Assistant City Manager, City Manager, Utilities Commission, and the five-member City Council. City Council votes on approval and the plan is approved with a majority vote.
MVU funds wildfire mitigation activities through current rate payer revenues. These funds are augmented by grant awards. Mitigation projects typically take the form of revised equipment design standards and system hardening Capital Improvement Projects.
B. Wildfire Prevention
MVU staff, in partnership with its maintenance and operations provider, is responsible for electric facility design, maintenance, and inspection, including vegetation management. Although MVU’s electrical distribution system is 100% underground, MVU follows best practices to prevent ignition of wildfires from its equipment. These items include:
• MVU performs routine maintenance of all distribution facilities. • MVU adheres to a seasonal weed abatement and vegetation management schedule to maintain at-risk sites. • MVU contracts for seasonal weed abatement services. Standard clearances as defined by General Orders 95, 128, 165, and 174, are maintained as part of routine maintenance cycles. All electric distribution facility equipment requiring repair and maintenance are addressed and corrected as they are identified. Annual inspections and maintenances of MVU substation facilities identified no deficiencies for 2020. • MVU abides by Municipal Code 6.40 to abate trees, shrubs, weeds, and grass at all MVU facilities. Including Landscaping, vegetation, or improved or unimproved property in any of the following conditions: containing weeds, dry grasses, dead trees, dead shrubs, or any other material which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth or location, constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs, including, but not limited to sagebrush, chaparral, and Russian Thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blown onto adjoining property by prevailing winds; trees and shrubs containing dead or fallen limbs or branches that may present a safety hazard; trees or shrubs which are overgrown or contain limbs or branches that restrict, impede or obstruct the use of or obscure the visibility of pedestrians or drivers using the public rights-of-way, easements, sidewalks or roadways; overgrown vegetation likely to harbor vermin, insects or rodents of any kind.
• Electric system operates in a manner that will minimize potential wildfire risks. • Take all reasonable and practicable actions to minimize the risk of a catastrophic wildfire caused by MVU electric facilities.
• Coordinate with federal, state, and local fire management personnel as necessary or appropriate to implement MVU’s Wildfire Mitigation Plan.
• Immediately report fires to local fire department, Emergency Management Program Manager, MVU administration, and other City Officials, pursuant to existing MVU practices and the requirements of this Wildfire Mitigation Plan.
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• Coordinate with City Emergency Operations Center to disseminate safety warnings, emergency public information, and evacuation notices to local residents. • MVU adheres to City of Moreno Valley personnel policy 5.11 for Employee Disaster Notification and Reporting. • Take corrective action when the staff witnesses or is notified that fire protection measures have not been properly installed and maintained.
• Comply with relevant federal, state, and industry standard requirements, including the industry standards established by the California Public Utilities Commission.
C. Wildfire Response and Recovery
Internally, MVU’s distribution system is controllable remotely through a Supervisory Control and Data Acquisition (SCADA) system networked to all substations and circuits. MVU field staff utilize hard line telephones, cellular telephones, and portable radios to communicate with internal and external stakeholders during an outage or emergency. MVU’s Outage Management System, Utility Maintenance Management System, and Dispatching System all auto-generate notifications to field, office, and administrative staff. MVU is enrolled in several mutual aid networks (APPA, CA Disaster & Civil Defense, CA Utilities Emergency Association) to facilitate expedited response and recovery from severe storms, natural disasters, or mass outages.
The City of Moreno Valley maintains a two-way (LF, HF, VHF, and UHF) mobile and base stations for communications enhanced by repeater system to extend the coverage area. This includes three repeater channels and three unit-to- unit/talk-around channels in the 800 MHz Public Safety band. The City of Moreno Valley owns ten iridium satellite phones that are issued to key personnel in the city during an emergency. Mobile radio communications are available utilizing the Moreno Valley Police Mobile Command Center (MCC). The command center has the capability of patching Sheriff, California Highway Patrol (CHP), Riverside Police, CALFIRE, March Air Reserve Base and Moreno Valley Park Rangers all on the same frequency at the same time. Moreno Valley has an Amateur Civil Emergency Services/Radio Amateur Civil Emergency Services (MV ACES/RACES) group, which operates on ham radio frequencies in support of governmental emergency communications. MV ACES/RACES can augment existing systems and establish communication links with otherwise inaccessible areas. They are also capable of sending live video and audio from an incident site to our City’s emergency operations center via the ham radio.
At the county level, a Riverside County Emergency Operations Center (EOC) talk group is programmed into the Omniquest radio and is used to communicate with EOCs within Riverside County during a disaster or emergency. The City of Moreno Valley also has low-band disaster net radios to communicate with all EOCs within Riverside County during a disaster or emergency. This system uses low frequency bands and has several back up channels in case of an outage. Additionally, the City has a portable disaster case radio system. This system allows communications with other agencies such as County Emergency Services, County Fire, County Police, Hospitals, Cities within Riverside County, Moreno Valley Unified School District and Valley View Unified School District.
MVU adheres to California Public Utility Commission GO 95, 128, 165, and 174 for all system infrastructure inspection, maintenance, and reporting.
City of Moreno Valley Office of Emergency Management maintains a city-wide Hazard Mitigation Plan identifying potential fire hazards and mitigation strategies.
City of Moreno Valley also maintains a reporting hotline for all employees to properly notify the city for code violations, hazards, safety concerns, and overgrown landscaping and weeds.
MVU is impacted by Southern California Edison (SCE) Public Safety Power Shutoff (PSPS) events. MVU receives advanced notification from SCE when impacted circuits are being monitored against weather projections for a potential PSPS A.9.b
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event. SCE provides the names of circuits being monitored as well as the impacted City accounts, along with the projected period of concern for the PSPS event. As the situation develops, MVU receives updated data from SCE on weather, circuits and accounts being monitored, and if a PSPS is triggered. MVU monitors the SCE status reports and stages mitigation assets appropriately in advance of a SCE triggered PSPS event. If the PSPS event affects any MVU facilities, MVU customers are notified as early as possible of pending power shutoffs.
When a SCE PSPS event is triggered that impacts MVU facilities, MVU notifies its customers of potential service interruption in a variety of ways. Alert notices are pushed out to customers via the MyMVU mobile application, email blasts, direct telephone communication with critical customers, as well as public messaging available on the MVU web site and through MVU’s 24/7 call center. PSPS and outage notices will be translated into Spanish for non-English speakers in the future.
With all of MVU's distribution lines undergrounded, the utility does not de-energize its system during severe weather events. In the event MVU is impacted by an SCE PSPS, MVU does have backup generation assets to keep critical infrastructure operational, including a portable back-up generator that can be distributed to impacted MVU customers.
D. Standardized Emergency Management System
As a local governmental agency,1 MVU has planning, communication, and coordination obligations pursuant to the California Office of Emergency Services’ Standardized Emergency Management System (“SEMS”) Regulations,2 adopted in accordance with Government Code section 8607. The SEMS Regulations specify roles, responsibilities, and structures of communications at five different levels: field response, local government, operational area, regional, and state.3 Pursuant to this structure, MVU annually coordinates and communicates with the relevant safety agencies as well as other relevant local and state agencies. When activated, MVU serves as the Utilities Unit Leader under the Operations Section Chief as part of the City of Moreno Valley’s Emergency Operations Center. In the event that the incident centered on MVU facilities, MVU would serve as the Operations Section Chief.
Under the SEMS structure, a significant amount of preparation is done through advanced planning at the county level, including the coordination of effort of public, private, and nonprofit organizations. Riverside County serves as the Operational Area and is guided by the California Office of Emergency Services, Southern Region. The Operational Area includes local and regional organizations that bring relevant expertise to the wildfire prevention and recovery planning process. These participants include:
1 As defined in Cal. Gov. Code § 8680.2.
2 19 CCR § 2407.
3 Cal. Gov. Code § 2403(b):
1) “Field response level” commands emergency response personnel and resources to carry out tactical decisions and activities in direct response to an incident or threat.
2) “Local government level” manages and coordinates the overall emergency response and recovery activities within their jurisdiction.
3) “Operational area level” manages and/or coordinates information, resources, and priorities among local governments within the operational area and serves as the coordination and communication link between the local government level and the regional level.
4) “Regional level” manages and coordinates information and resources among operational areas within the mutual aid region designated pursuant to Government Code §8600 and between the operational areas and the state level. This level along with the state level coordinates overall state agency support for emergency response activities. 5) “State level” manages state resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the mutual aid regions and between the regional level and state level, and serves as the coordination and communication link with the federal disaster response system.
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Agency/ Dept. Mailing Address Contact Phone Fax
AMR American Medical
Response
879 Marlborough Ave.
Riverside, CA. 92507
951.782.5234 951.782.5617
AMR American Medical
Response
879 Marlborough Ave.
Riverside, CA. 92507
Dispatch 877.267.6622 951.782.5605
Kaiser Permanente: Medical
Center
12815 Heacock
Moreno Valley, CA. 92552
Administration 951.601.6327 951.601.6181
Kaiser Foundation Moreno
Valley: Community Hospital
27300 Iris Ave.
Moreno Valley, CA. 92555
Facilities Services Manager 951.251.6594 951.251.6601
Moreno Valley Fire/Office of
Emergency Management
14177 Frederic St.
Moreno Valley, CA 92553
Emergency Management Program
Manager
951.413.3800 951-413-3801
Moreno Valley: Special
Districts
14331 Frederick Street
Moreno Valley, CA 92253
Division Manager 951.413.3480
Moreno Valley: Fire Dept. 14177 Frederick Street
Moreno Valley, CA. 92553
Fire Marshal 951.413.3370
Moreno Valley: Fire Dept. 22850 Calle San Juan De Los Lagos Moreno Valley, CA 92553
Fire Chief 951.486.6780 951.486.6790
Moreno Valley: Operations &
Maintenance
14177 Frederick Street
Moreno Valley, CA. 92553
Manager 951.413.3160 951.413.3141
Moreno Valley: Police Dept. 22850 San Juan De Los Lagos Moreno Valley, CA. 92552
Police Chief 951.486.6700
Moreno Valley: Public Works 14177 Frederick Street
Moreno Valley, CA. 92553
Public Works Director 951.413.3100 951.413.3141
Moreno Valley Traffic &
Transportation
14177 Frederick Street
Moreno Valley, CA. 92553
City Traffic Engineer 951.413.3140 951.413.3140
Moreno Valley: City
Management
14177 Frederick Street
Moreno Valley, CA. 92553
City Manager 951.413.3020
Moreno Valley: Facilities
Management
14177 Frederick Street
Moreno Valley, CA. 92553
Division Manager 951.413.3740
Moreno Valley: TV3 14177 Frederick Street
Moreno Valley, CA. 92553
Media & Production
Supervisor
951.413.3056 951.413.3053
Moreno Valley: Unified School
District
25634 Alessandro Blvd.
Moreno Valley, CA. 92553
Maintenance Supervisor 951.571.7865 951.571.7811
Riverside Medical Clinic:
Canyon Springs Plaza
6405 Day Street
Moreno Valley, CA. 92552
Facilities 951.321.6331 951.248.6703
Riverside County:
Dept. of Environmental Health
4065 County Circle
Riverside, CA.
Deputy Director 951.358.5172 951.358.5017
Riverside County: Dept. of
Environmental Health
4065 County Circle
Riverside, CA.
Supervising Environmental Health
Specialist
951.358.5172 951.358.5017
Riverside County: Dept. of
Environmental Health
800 S. Sanderson Ave. #200
Hemet, CA. 92545
Supervising Environmental Health
Specialist
951.766.2824
Riverside County: Dept. of
Environmental Health
800 S. Sanderson Ave. #200
Hemet, CA. 92545
Supervising Environmental Health
Specialist
951.766.2824
Riverside Regional: Medical
Center
26520 Cactus Ave.
Moreno Valley, CA. 92552
Deputy Director 951.955.4878 951.955.8405
Riverside Regional: Medical
Center
26520 Cactus Ave.
Moreno Valley, CA. 92555
Chief of Hospital Plant Op. 951.486.4066 951.486.4105
Val Verde: Unified School
District
975 W. Morgan Street
Perris, CA. 92581
Emergency Services 951.940.6100
ext. 10672
951.940.6118
Val Verde: Unified School
District - March Middle School
15800 Indian Ave Director of Facilities, Maintenance, & Purchasing
951.940.6136
ext. 10652
Verizon Public Relations Director of Public Relations (213) 800-3184 Eastern Municipal Water
District
Central Control 2270 Trumble Road
Perris, CA 92572-8300
951.928.3777
ext. 6265
951.928.6170
Davita Canyon Springs
Dialysis
22555 Alessandro Blvd Bldg. 5 951.653.6400
Kaiser Permanente 27200 Iris Ave Medical Bldg. 951.353.4359 United States Postal Services 23800 Cactus Ave Facility Manager 951.697.4661 Waste Management 17700 Indian St Fleet Manager - Fleet Maintenance 951.601.1129 951.339.6681
Pursuant to the SEMS structure, MVU participates in annual training exercises. Training exercises include workshops, tabletop exercises, and field drills. A sample of topics covered include earthquake safety, disaster response & management, active shooter, crisis leadership, and NIMS/SEMS/ICS compliance.
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MVU is a member of the California Utility Emergency Association, which plays a key role in ensuring communications between utilities during emergencies and provides mutual aid. MVU also participates in the American Public Power Association Mutual Assistance Agreement, which covers public utilities across the United States. The City of Moreno Valley is a participant in the California Disaster and Civil Defense Mutual Aid Agreement which allocates state resources to cope with any type of disaster.
V. Wildfire Risks and Drivers Associated with Design, Construction, Operation, and Maintenance
A. Particular Risks and Risk Drivers Associated with Topographic and Climatological Risk Factors
Due to MVU’s distribution system being 100% underground, there is limited risk specific to wildfires. As an undergrounded utility, MVU does not monitor prevailing wind speed or direction. Weather intelligence monitoring assets have not been installed on the MVU distribution system due to the associated costs and limited benefit the utility would gain from collecting such data.
B. Enterprise-wide Safety Risks
The safety risks discussed below apply to the City of Moreno Valley as a municipal jurisdiction and include both Moreno Valley Utility and Southern California Edison service territories.
Earthquake profile - There are three major faults/fault zones that directly affect Moreno Valley. They are the southern section of the San Andreas Fault, the San Jacinto Fault Zone, and the Elsinore Fault Zone. The San Jacinto Fault Zone is the most active fault in Southern California. It is the closest fault to Moreno Valley and runs through the eastern portion of the city, followed by the Elsinore Fault Zone which is located approximately 12-18 miles south of Moreno Valley. The San Andreas Fault Zone is located approximately 15-20 miles north of Moreno Valley The largest earthquake to occur within 100 miles of Moreno Valley was the 7.4 magnitude Hector Mine earthquake in 1999.
The City of Moreno Valley could be affected by large earthquakes occurring in many parts of the Southern California region. However, the degree to which the earthquakes are felt, and the damages associated with them may vary. At risk from earthquake damage are critical facilities, buildings, bridges, highways and roads; hazardous materials facilities; sewer, water, and natural gas pipelines; earth dams; petroleum pipelines; and private property located in the city. The relative or secondary earthquake hazards, which are liquefaction, ground shaking, amplification, and earthquake- induced landslides, can be just as devastating as the earthquake. The USGS estimates that there is a greater than 99% chance of a major earthquake occurring within 31 miles of Moreno Valley within the next 50 years.
Flooding profile - There are four types flooding conditions that exist within the Moreno Valley area: flooding in defined watercourses; ponding; sheet flow; and dam inundation. Flooding within defined watercourses occurs within drainage channels and immediately adjacent floodplains. Ponding occurs when water flow is obstructed due to manmade obstacles such as the embankments of SR-60 and other roadways, where they cross-defined watercourses. Sheet flow occurs when capacities of defined watercourses are exceeded, and water flows over broad areas.
Known flood-prone areas as noted in the General Plan as well as recorded in city maintenance files, include:
ϒ Along the Quincy Channel between Cottonwood Avenue and Cactus Avenue.
ϒ An extensive floodplain that extends along the Oliver Street alignment from a point north of Alessandro Boulevard to John F. Kennedy Drive and extending in a southwesterly direction as far as the northeast corner of Morrison Street and Filaree Avenue and the northeast corner of Nason Street and Iris Avenue.
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ϒ Along Heacock Street and Lateral A of the Perris Valley Channel between Cactus Avenue and a point north of the intersection of Lateral A and Indian Street (next to March Air Reserve Base).
ϒ Along Sunnymead Boulevard between Frederick Street and Graham Street.
ϒ Along Pigeon Pass Road, between Sunnymead Ranch Parkway and Lawless Road.
ϒ Along Moreno Beach Boulevard, between Juniper Avenue and Locust Avenue.
ϒ Along Highland Avenue, between Redlands Boulevard and Alessandro Boulevard.
ϒ Along Locust Avenue, between Moreno Beach Boulevard and northerly city limits.
ϒ Along Heacock Street, between Lake Summit Drive and Reche Vista Drive.
ϒ Along Hubbard Street, between Skyland Drive and Ironwood Avenue.
ϒ Along Cottonwood Avenue, between Nason St and Martha Crawford Street.
ϒ Alessandro Boulevard, between Gilman Springs Road and Theodore Street.
ϒ Neighborhood bounded by Alessandro Boulevard, Brodiaea Avenue, Redlands Boulevard, and Merwin Street.
ϒ Miramontes Court, north of Via Solana Court.
ϒ Easterly side of neighborhood east of Perris Boulevard, between Covey Road and Manzanita Avenue.
VI. Wildfire Preventative Strategies
A. High Fire Threat District
MVU directly participated in the development of the CPUC’s Fire-Threat Map,4 which designates a High-Fire Threat District. In the map development process, MVU coordinated with Southern California Edison Company (SCE) and determined that because MVU’s system is entirely undergrounded, that SCE would serve as territory lead for the region served by MVU. MVU has incorporated the High Fire Threat District into its construction, inspection, maintenance, repair, and clearance practices, where applicable.
B. Design and Construction Standards
MVU’s electric facilities are designed and constructed to meet or exceed the relevant federal, state, or industry standard. MVU treats CPUC General Orders (GO) 95 and 128 as a key industry standard for design and construction standards for underground electrical facilities. MVU meets or exceeds all standards in GO 95 and 128. Additionally, MVU monitors and follows, as appropriate, the National Electric Safety Code.
C. Vegetation Management
MVU meets or exceeds the minimum industry standard vegetation management practices. For transmission-level facilities, MVU complies with NERC FAC-003-4, where applicable. For both transmission and distribution level facilities, MVU meets: (1) Public Resources Code section 4292; (2) Public Resources Code section 4293; (3) CPUC GO 95, 128, 165, and 174.
D. Inspections
MVU meets or exceeds the minimum inspection requirements provided in CPUC GO 165 and 174. Pursuant to these rules, utilities inspect electric facilities in the High Fire Threat District more frequently than the other areas of its service territory. As described above, MVU currently does not have any overhead power lines located within or near the High- Fire Threat District within the CPUC’s Fire Threat Map. However, MVU staff uses their knowledge of the specific environmental and geographical conditions of MVU’s service territory to determine if any particular areas require more frequent inspections.
4 Adopted by CPUC Decision 17-12-024.
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If MVU staff discovers a facility in need of repair that is owned by an entity other than MVU, MVU will issue a notice to repair to the facility owner and work to ensure that necessary repairs are completed promptly.
MVU has conducted an analysis of all circuits to identify essential facilities and prioritize the deployment of back-up power facilities. Grant funding is also being sought to install back-up generation at additional strategic facilities throughout the service territory. MVU is fully capable of sectionalizing any outage to mitigate the number of customers impacted. This mitigation technique will also be employed during PSPS events to reduce any service interruptions to MVU customers. MVU will explore the possibility of back feeding the distribution system with customer owned battery storage systems.
E. California Public Utility Commission Wildfire Threat Map
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F. CalFire Fire Threat Map
MVU service territory does include geographic areas of elevated wildfire risk. However, MVU does not operate any facilities, maintain any infrastructure, or serve any customers in these elevated risk areas. No current plans exist to develop or furnish electrical service to these regions. Should development encroach into the elevated threat areas of MVU service territory, a complete study of wildfire risk factors and mitigation strategies will be performed. This Wildfire Mitigation Plan would then be updated with appropriate amendments as needed.
G. Reclosing Policy
MVU’s system is 100% underground. Reclosers are not installed on underground circuits. MVU does not change substation relay settings.
H. De-energization
MVU has the authority to preemptively shut off power due to fire-threat conditions, however, this option will only be used in extraordinary circumstances. Due to the minimal risk of MVU’s electrical supply facilities causing a power-line ignited wildfire, MVU is not adopting specific protocols for de-energizing any portions of its electric distribution system.
MVU will re-evaluate this determination in future updates to this Wildfire Mitigation Plan.
VII. Restoration of Service
MVU’s electric distribution system is completely underground. However, MVU is interconnected with SCE’s transmission and distribution systems, much of which is overhead and exposed to wind, rain, and lightning. This is MVU’s primary source of vulnerability to potential electrical service interruptions during rain and windstorms such as the ones that can be precipitated by El Nino.
MVU’s underground electric distribution system is designed, and has been constructed, with redundant sources of feed.
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These do not guarantee the elimination of outages but can facilitate service restoration and reduce the duration of such outages.
Preparation in advance of predicted storms: Since, as discussed in the introduction, the primary trouble source during storms is outages on SCE’s transmission and distribution lines, many of which are overhead, MVU will patrol, to the extent practical, SCE’s primary interconnect lines for any potential trouble spots including but not limited to broken tree limbs or other vulnerabilities. MVU will also double check the loading conditions of our underground lines to satisfy ourselves that alternate sources have the capacity to serve the electric load (customers) in the event that it is necessary.
MVU’s underground system will be patrolled in advance of storms for any open trenches or excavations at construction sites to minimize water intrusion into the underground system. Although the underground system is designed to operate under such conditions, small pinholes in splices or cable can cause problems, including possible electrical shorts/faults, that can interrupt service to customers. Likewise, after the storm, each underground vault, manhole or other structure will be inspected for water intrusion and pumped, when necessary, in accordance proper utility practice and environmental guidelines.
All vehicular equipment, man-lifts, tools, and appurtenances will be thoroughly inspected for proper operation.
All operating personnel will be placed on standby in the event of weather-related problems.
The MVU Operations and Call Center will be appropriately staffed for handling of trouble calls from customers and dispatching to field personnel.
Call Center support includes:
• Outage Management System (OMS)
• Field Dispatching
• Customer Callbacks
Response Prioritization:
• First Priority: Response to imminent threats to life and/or public property • Second Priority: Removals of immediate hazards (fallen trees, power poles, etc.) • Third Priority: Clearing of arterial roadway
• Fourth Priority: Maintenance of traffic control/closures to prevent potential accidents • Fifth Priority (Post Storm Activity): Follow-up work such as addressing storm-related potholes and residual clean- up of all streets that have remained in a "passable and drivable" state Referral Protocol:
• Flooding of structures on private property- Residents will be advised to call 911 for Fire Department assistance • Facilities associated with other government agencies (RCFCD) or private utilities will be referred to appropriate agencies/company
• All storm related issues involving streets, curbs and gutters, sidewalks, residential trees in the right of way, catch basins, and miscellaneous drainage facilities will be referred to the City’s Maintenance and Operations Division.
During EOC activation period, all routine maintenance programs and requests will be suspended and deferred.
VIII. Evaluation of the Plan
A. Metrics and Assumptions for Measuring Plan Performance MVU will track the following metric to measure the performance of this Wildfire Mitigation Plan: (1) number of fire A.9.b
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ignitions caused by utility equipment.
Metric 1: Fire Ignitions
For purposes of this metric, a fire ignition is defined as follows:
• MVU facility was associated with the fire;
• The fire was self-propagating and of a material other than electrical and/or communication facilities; • The resulting fire traveled greater than one linear meter from the ignition point; and • MVU has knowledge that the fire occurred.
In future Wildfire Mitigation Plans, MVU will provide the number of fires that occurred that were less than 10 acres in size. Any fires greater than 10 acres will be individually described.
Reporting Year Fire Ignitions
2021 0
2020 0
2019 0
B. Impact of Metrics on Plan
In the initial years, MVU anticipates that there will be relatively limited data gathered through the metric. However, as the data collection history becomes more robust, MVU will be able to identify areas of its operations and service territory that are disproportionately impacted. MVU will then evaluate potential improvements to the plan.
C. Monitoring and Auditing the Plan
This Wildfire Mitigation Plan will be presented to the MVU Utilities Commission and the Moreno Valley City Council.
MVU will present updates to this plan to the MVU Utilities Commission and the City Council on an annual basis.
D. Identifying and Correcting Deficiencies in the Plan
Based on the recommendations of the MVU Utilities Commission and the Moreno Valley City Council, MVU will correct any identified deficiencies.
E. Monitoring the Effectiveness of Inspections
MVU reviews and evaluates its reliability indices regularly to monitor inspection and maintenance procedures. SAIDI, SAIFI, CAIDI, and MAIFI statistics show that MVU maintains an electric system that operates well below the State and National averages for outage incidents per the American Public Power Association’s eReliability Tracker program. MVU’s Utility Maintenance Management System (UMMS) is used to collect all data subject to GO165. The UMMS prepares monthly inspection and maintenance reports for all electric distribution facilities. Maintenance history for each piece of equipment is archived in the UMMS. Additionally, MVU’s substation inspection and maintenance program complies with GO 174 guidelines as well as manufacturer specifications, standards, and recommendations. MVU performs monthly inspections of all substation components including recording and analysis of all alarms, fluid levels, meters, and Load Tap Changer settings.
Although MVU does not fall under the jurisdiction of the California Public Utilities Commission (CPUC), MVU has cooperated with the CPUC’s Utilities Safety and Reliability Branch and their requests for periodic audits. The audit in October 2008 noted no GO 95 infractions and identified two GO 128 infractions to MVU Pad Mounted Electric structures. Repairs were made to correct the violation the day they were identified by the CPUC. Again, in March of 2013 the CPUC audit identified three vegetation obstructions that were immediately corrected in the field as they were identified. No additional infractions have been identified by the CPUC.
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ATTACHMENT A
MORENO VALLEY UTILITY
WILDFIRE MITIGATION PLAN
2021 INFORMATIONAL RESPONSE
RESPONSES TO WILDFIRE SAFETY ADVISORY
BOARD’S 2021 GUIDANCE ADVISORY OPINION
June 21, 2021
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The California Wildfire Safety Advisory Board (WSAB) issued the Guidance Advisory Opinion for the 2021 Wildfire Mitigation Plans of Electric Publicly Owned Utilities and Cooperatives (“2021 WSAB Guidance Advisory Opinion”) on December 15, 2020. MVU provides this document to the WSAB in order to respond to each of the recommendations included in the 2021 WSAB Guidance Advisory Opinion. POUs will provide a narrative response and/or a cross reference to the location in MVU’s Wildfire Mitigation Plan (WMP) where the topic is addressed. Where the recommendation is not applicable to MVU, the response will provide a brief description supporting this conclusion.
WSAB requested that POUs provide an informational table to assist the Staff and Board member in understanding the unique characteristics of each POU.
Table 1: Context-Setting Information
Utility Name Moreno Valley Utility
Service Territory Size 33.48 square miles
Owned Assets ☐ Transmission ☑ Distribution ☑ Generation Number of Customers
Served
6,524 customer accounts as of December 2020
Population Within Service
Territory
214,982 [estimate]
Customer Class Makeup
Number of Accounts Share of Total Load (MWh)
88.21% Residential;
1.42% Government;
0.03% Agricultural [pumping];
7.84% Small/Medium Business;
2.50% Commercial/Industrial
24.12% Residential;
1.70% Government;
0.21% Agricultural [pumping];
2.49% Small/Medium Business;
71.48% Commercial/Industrial
Service Territory
Location/Topography1
[ ]% Agriculture
[ ]% Barren/Other
[ ]% Conifer Forest
[ ]% Conifer Woodland
[ ]% Desert
[ ]% Hardwood Forest
[ ]% Hardwood Woodland
1 This data shall be based on the California Department of Forestry and Fire Protection, California Multi-Source Vegetation Layer Map, depicting WHR13 Types (Wildlife Habitat Relationship classes grouped into 13 major land cover types) available at: https://www.arcgis.com/home/item.html?id=b7ec5d68d8114b1fb2bfbf4665989eb3.
I. PURPOSE OF THIS 2021 INFORMATIONAL RESPONSE
II. CONTEXT SETTING INFORMATION
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[ ]% Herbaceous
[ ]% Shrub
100% Urban
[ ]% Water
Service Territory
Wildland Urban Interface2
(based on total area)
100% Wildland Urban Interface;
[ ]% Wildland Urban Intermix;
Percent of Service
Territory in CPUC High Fire
Threat Districts (based on
total area)
☐ Includes maps
Tier 2: 30%
Tier 3: 10%
Prevailing Wind Directions
& Speeds by Season
☐ Includes maps
MVU is 100% underground and does not collect prevailing wind data.
Miles of Owned Lines
Underground and/or
Overhead
Overhead Dist.: 0 miles
Overhead Trans.: 0 miles
Underground Dist.: 79 miles
Underground Trans.: 0 miles
Explanatory Note 1 - Methodology for Measuring “Miles”: [ line miles] Explanatory Note 2 – Description of Unique Ownership Circumstances: [NA] Explanatory Note 3 – Additional Relevant Context: [NA]
Percent of Owned Lines in
CPUC High Fire Threat
Districts
Overhead Distribution Lines as % of Total Distribution System (Inside and Outside Service Territory)
Tier 2: 0%
Tier 3: 0%
Overhead Transmission Lines as % of Total Transmission System (Inside and Outside Service Territory)
Tier 2: 0%
Tier 3: 0%
Explanatory Note 4 – Additional Relevant Context: [NA]
Customers have ever lost
service due to an IOU PSPS
event?
☑ Yes ☐ No
Customers have ever been
notified of a potential loss
of service to due to a
forecasted IOU PSPS
event?
☑ Yes ☐ No
Has developed protocols
to pre-emptively shut off
☐ Yes ☑ No
2 This data shall be based on the definitions and maps maintained by the United States Department of Agriculture, as most recently assembled in The 2010 Wildland-Urban Interface of the Conterminous United States, available at https://www.fs.fed.us/nrs/pubs/rmap/rmap_nrs8.pdf.
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electricity in response to
elevated wildfire risks?
Has previously pre-
emptively shut off
electricity in response to
elevated wildfire risk?
☐ Yes ☑ No
If yes, then provide the following data for calendar year 2020:
Number of shut-off events: [ ]
Customer Accounts that lost service for >10 minutes: [ ] For prior response, average duration before service restored: [ ]
WSAB requested that POUs provide a clear roadmap as to where each statutory requirement is addressed within the POU WMP.
Table 2: Cross References to Statutory Requirements
Requirement Statutory Language Location in
WMP
Persons
Responsible
PUC § 8387(b)(2)(A): An accounting of the responsibilities of persons responsible for executing the plan.
Section 4
Objectives of
the Plan
PUC § 8387(b)(2)(B): The objectives of the wildfire mitigation plan.
Section 3
Page: 4
Preventive
Strategies
PUC § 8387(b)(2)(C): A description of the preventive strategies and programs to be adopted by the local publicly owned
electric utility or electrical cooperative to minimize the risk of its electrical lines and equipment causing catastrophic wildfires, including consideration of dynamic climate change risks.
Section 6
Evaluation
Metrics
PUC § 8387(b)(2)(D): A description of the metrics the local publicly owned electric utility or electrical cooperative plans to use to evaluate the wildfire mitigation plan’s performance and the assumptions that underlie the use of those metrics.
Section 8
Impact of
Metrics
PUC § 8387(b)(2)(E): A discussion of how the application of previously identified metrics to previous wildfire mitigation plan performances has informed the wildfire mitigation plan.
Section 8
Deenergization
Protocols
PUC § 8387(b)(2)(F): Protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communication infrastructure.
Section 6
III. CROSS REFERENCE TO STATUTORY REQUIREMENTS
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Customer
Notification
Procedures
PUC § 8387(b)(2)(G): Appropriate and feasible procedures for notifying a customer who may be impacted by the
deenergizing of electrical lines. The procedures shall consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications
infrastructure.
Section 4, 7
Vegetation
Management
PUC § 8387(b)(2)(H): Plans for vegetation management. Section 6
Inspections
PUC § 8387(b)(2)(I): Plans for inspections of the local publicly owned electric utility’s or electrical cooperative’s electrical infrastructure.
Section 6
Prioritization of
Wildfire Risks
PUC § 8387(b)(2)(J): A list that identifies, describes, and prioritizes all wildfire risks, and drivers for those risks, throughout the local publicly owned electric utility’s or electrical cooperative’s service territory. The list shall include, but not be limited to, both of the following:
(iii) Risks and risk drivers associated with design,
construction, operation, and maintenance of the local publicly owned electric utility’s or electrical cooperative’s equipment and facilities.
(iv) Particular risks and risk drivers associated with topographic and climatological risk factors throughout the different parts of the local publicly owned electric utility’s or electrical cooperative’s service territory.
Section 5
CPUC Fire
Threat Map
Adjustments
PUC § 8387(b)(2)(K): Identification of any geographic area in the local publicly owned electric utility’s or electrical cooperative’s service territory that is a higher wildfire threat than is identified in a commission fire threat map, and identification of where the commission should expand a high fire threat district based on new information or changes to the environment.
NA
Enterprisewide
Risks
PUC § 8387(b)(2)(L): A methodology for identifying and
presenting enterprisewide safety risk and wildfire-related risk.
Section 5
Restoration of
Service
PUC § 8387(b)(2)(M): A statement of how the local publicly owned electric utility or electrical cooperative will restore service after a wildfire.
Section 7
Monitor and
Audit
PUC § 8387(b)(2)(N): A description of the processes and procedures the local publicly owned electric utility or electrical cooperative shall use to do all of the following
(iv) Monitor and audit the implementation of the
wildfire mitigation plan.
(v) Identify any deficiencies in the wildfire mitigation plan or its implementation, and correct those deficiencies.
Section 8
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(iii) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections
performed by contractors, that are carried out under the plan, other applicable statutes, or commission rules.
Qualified
Independent
Evaluator
PUC § 8387(c): The local publicly owned electric utility or electrical cooperative shall contract with a qualified
independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of its wildfire mitigation plan. The
independent evaluator shall issue a report that shall be made available on the Internet Web site of the local publicly owned electric utility or electrical cooperative, and shall present the report at a public meeting of the local publicly owned electric utility’s or electrical cooperative’s governing board.
http://www.m
oval.org/mvu/p
ubs/MVU-
WildfireMitigat
ionPlanEvaluati
on.pdf
The WSAB Guidance Advisory Opinion identifies 14 specific recommendations that POUs are requested to address in their 2021 WMPs. As specified in Public Utilities Code § 8387(b)(1), each POU is required to perform a comprehensive revision to the POU’s WMP at least once every three years. Pursuant to this guidance, the POUs will be updating their WMPs based on the direction of their local governing boards within this 3-year cycle. Because the WSAB’s recommendations have been provided after the initial WMP submission, the POUs will have varying capacities to fully address each recommendation in their 2021 WMP. This Section IV restates each of the WSAB recommendations and provides an opportunity for each POU to do one or more of the following: (1) provide a narrative response to the recommendation; (2) provide a cross refence to where in the POU’s WMP this topic is addressed; (3) describe why the recommendation is not applicable to the POU; or (4) inform the WSAB of the POU’s intent to address the recommendation at the point of the POU’s next comprehensive revision, occurring in either the 2022 or 2023 WMP.
WSAB Recommendation #1: Provide context-setting information about the POU and provide a simple guide to where the statutory requirements are addressed within the WMP.
POU Response: See Sections II and III above.
IV. WSAB GUIDANCE ADVISORY OPINION RECOMMENDATIONS
A. Plan Structure
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WSAB Recommendation #2: Provide a short description of the POU’s public review and approval (if required) for the WMP. This description may also include a brief explanation of the funding mechanisms for wildfire mitigation efforts.
POU Response: MVU's Wildfire Mitigation Plan is developed by staff and then reviewed by the Division Manager, Public Works Director, Assistant City Manager, City Manager, Utilities Commission, and the five-member City Council. City Council votes on approval and the plan is approved with a majority vote.
MVU funds wildfire mitigation activities through current rate payer revenues. These funds are augmented by grant awards. Mitigation projects typically take the form of revised equipment design standards and system hardening Capital Improvement Projects.
WSAB Recommendation #3: Identify where the POU has posted the most recent Independent Evaluator (IE) Report and if your POU plans to enhance future IE reports, please summarize in what ways.
POU Response: http://www.moval.org/mvu/pubs/MVUWildfireMitigationPlanEvaluation.pdf
WSAB Recommendation #4: Develop, in collaboration with POU industry associations, WMP guidelines for future WMPs, understanding that it may take multiple cycles for POUs to integrate these recommendations into the WMPs.
POU Response: This document is intended to include, as appropriate, responses to the recommendations in the WSAB’s Guidance Advisory Opinion for the POUs’ 2021 WMP. This document also represents the combined effort of the POU industry associations to further the development of a template to respond to the WSAB’s Guidance Advisory Opinion in a future reporting WMP cycle.
WSAB Recommendation #5: Describe the potential impact investor-owned utilities (IOU) public safety power shutoff (PSPS) events could have on POU customers and how the POU manages these impacts. For POUs that are also balancing authorities, describe the criteria for wildfire related de-energizations. Responses shall only provide aggregated information that does not provide customer-specific information or other potentially sensitive data.
POU Response: Alternative 2: MVU’s customers may be impacted by the PSPS events ordered by SCE. The following provides responses to specific questions included in the WSAB’s 2021 WSAB Guidance Advisory Opinion:
B. Customer Impacts
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• What is the relationship between the IOU and the POU during PSPS events? POU Response: MVU is an active partner in minimizing the impacts of SCE-initiated PSPS events. Additionally, MVU utilizes circuit-level PSPS details from SCE to notify potentially - impacted MVU customers.
Does the POU receive advance notification?
POU Response: Yes, MVU receives potential PSPS event communications from SCE beginning one week prior to the forecasted event.
• Is the POU affected at the transmission or distribution level? POU Response: SCE-initiated PSPS events affect MVU at the sub-transmission level. • Is the POU implementing a mitigation strategy for IOU PSPS? POU Response: Yes, as MVU expands its distribution system, redundant circuitry is installed to sectionalize and isolate PSPS outages and reduce the number of affected customers.
• Does the POU have its own permanent or temporary generation, (or customer provision of same) allowing it to withstand an IOU PSPS? POU Response: Yes, MVU maintains both permanent and portable generation facilities to protect critical City and MVU facilities from PSPS.
• Does the POU distribute back-up generators to customers? POU Response: MVU has a single portable generator unit to distribute in the community as needed.
• Does the POU deenergize their own lines when a wildfire threat looms, even if it is not labelled a PSPS?
POU Response: No.
• In the above instance, what customer communication takes place? POU Response: NA
• Is the POU a Balancing Authority Area? If yes, describe any applicable criteria for wildfire related de-energization.
POU Response: No.
WSAB Recommendation #6: Describe the utility customer communication plans with respect to wildfires and PSPS, and in particular describe the methods, content and timing used to communicate with the most vulnerable customers, such as Access and Functional Needs (AFN) customers, medical baseline customers, non-English speakers, and those at risk of losing water or telecommunications service.
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POU Response: MVU is impacted by Southern California Edison (SCE) Public Safety Power Shutoff (PSPS) events. MVU receives advanced notification from SCE when impacted circuits are being monitored against weather projections for a potential PSPS event. SCE provides the names of circuits being monitored as well as the impacted City accounts, along with the projected period of concern for the PSPS event. As the situation develops, MVU receives updated data from SCE on weather, circuits and accounts being monitored, and if a PSPS is triggered. MVU monitors the SCE status reports and stages mitigation assets appropriately in advance of a SCE triggered PSPS event. If the PSPS event affects any MVU facilities, MVU customers are notified as early as possible of pending power shutoffs.
When a SCE PSPS event is triggered that impacts MVU facilities, MVU notifies its customers of potential service interruption in a variety of ways. Alert notices are pushed out to customers via the MyMVU mobile application, email blasts, direct telephone communication with critical customers, as well as public messaging available on the MVU web site and through MVU’s 24/7 call center. PSPS and outage notices will be translated into Spanish for non-English speakers in the future.
WSAB Recommendation #7: Provide details on each POU’s system hardening and grid design programs, including: (1) the goals of the programs and the risk any particular program is designed to mitigate; (2) approach to PSPS mitigation and prevention; and (3) identify any resource shortages.
POU Response: MVU’s approach to grid hardening is discussed in Section 4, 6, and 8 of MVU’s WMP. The following provides responses to specific questions included in the WSAB’s 2021 WSAB Guidance Advisory Opinion:
• Does the POU perform a circuit-by-circuit analysis to identify essential facilities (and whether they have backup power) like hospitals, communication centers, and community resource centers?
POU Response: Yes.
• Does the POU assess system hardening measures that could be installed to prevent PSPS for those facilities?
POU Response: Yes.
• In what way does the POU prepare these facilities for a PSPS or another wildfire related de-energization event?
C. The Grid
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POU Response: MVU’s distribution system is designed with the ability to sectionalize and isolate individual circuits to prevent widespread outages related to PSPS. Additionally, MVU openly communicates forecasted SCE initiated PSPS events to potentially impacted customers to mediate impacts. • For POUs that power water utilities or supply water themselves, if that water is used for drinking and firefighting, are certain projects being undertaken to harden the system for water delivery purposes?
POU Response: NA
• Are pump stations self-contained or have some level of fire protection? Is the supply to sewage treatment plants hardened?
POU Response: NA
• Is supplemental generation available such as backup batteries or backup power facilities?
POU Response: Yes.
• Are the majority installed by the customers themselves or the utility? POU Response: Battery storage is mostly installed by the customer. • Can the utility open and close taps? Can the utility back-feed? POU Response: NA
• Are there wildfire related circumstances wherein either of these tactics would be useful?
POU Response: With MVU’s distribution system completely underground neither of these tactics have bearing or impact on wildfire mitigation. • Can the utility sectionalize in a localized fashion?
POU Response: Yes.
WSAB Recommendation #8: Describe annual visual patrols on potentially impacted circuits and the risks the POU is inspecting for. Describe whether and how system inspections lead to system improvements. Describe line patrols before, during, and/or after a critical fire weather event, such as a Red Flag Warning with strong winds, or following a fire that burned in areas where electric facilities are or could have been impacted.
POU Response: MVU meets or exceeds the minimum inspection requirements provided in CPUC GO 165 and 174. Pursuant to these rules, utilities inspect electric facilities in the High Fire Threat District more frequently than the other areas of its service territory. As A.9.b
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described above, MVU currently does not have any overhead power lines located within or near the High-Fire Threat District within the CPUC’s Fire Threat Map. However, MVU staff uses their knowledge of the specific environmental and geographical conditions of MVU’s service territory to determine if any particular areas require more frequent inspections.
If MVU staff discovers a facility in need of repair that is owned by an entity other than MVU, MVU will issue a notice to repair to the facility owner and work to ensure that necessary repairs are completed promptly.
MVU has conducted an analysis of all circuits to identify essential facilities and prioritize the deployment of back-up power facilities. Grant funding is also being sought to install back-up generation at additional strategic facilities throughout the service territory.
MVU is fully capable of sectionalizing any outage to mitigate the number of customers impacted. This mitigation technique will also be employed during PSPS events to reduce any service interruptions to MVU customers. MVU will explore the possibility of back feeding the distribution system with customer owned battery storage systems.
MVU’s Utility Maintenance Management System (UMMS) is used to collect all data subject to GO165. The UMMS prepares monthly inspection and maintenance reports for all electric distribution facilities. Maintenance history for each piece of equipment is archived in the UMMS. Additionally, MVU’s substation inspection and maintenance program complies with GO 174 guidelines as well as manufacturer specifications, standards, and recommendations. MVU performs monthly inspections of all substation components including recording and analysis of all alarms, fluid levels, meters, and Load Tap Changer settings.
Although MVU does not fall under the jurisdiction of the California Public Utilities Commission (CPUC), MVU has cooperated with the CPUC’s Utilities Safety and Reliability Branch and their requests for periodic audits. The audit in October 2008 noted no GO 95 infractions, and identified two GO 128 infractions to MVU Pad Mounted Electric structures. Repairs were made to correct the violation the day they were identified by the CPUC. Again, in March of 2013 the CPUC audit identified three vegetation obstructions that were immediately corrected in the field as they were identified. No additional infractions have been identified by the CPUC.
WSAB Recommendation #9: Describe options considered by POU (including through the joint efforts of the POU associations) to identify previously unidentified risks that could lead to catastrophic wildfires.
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POU Response: The California Municipal Utilities Association (CMUA) will be holding a special meeting of its Wildfire Preparedness, Response, and Recovery Working Group this fall, which will be focused on risk drivers for power-line caused catastrophic wildfires and innovative mitigation options. CMUA plans to invite a broad range of utility staff, state agency staff (including the WSAB), industry experts, and academics to participate in this discussion. As part of this meeting, the working group will discuss unidentified wildfire risk drivers and mitigation measures that could address these risks. Based on the input provided during this meeting, CMUA will produce a publicly-available, post-meeting report that summarizes the group’s conclusions and recommendations. MVU’s staff will participate in CMUA’s meeting and will discuss any changes that MVU has made to its operations in response to the conclusions and recommendations of the working group in a future WMP.
WSAB Recommendation #10: Describe the particular wildfire risks associated with system design and construction such as topography and location near the HFTD areas of another utility’s service territory. Describe any G.O. 95 exempt assets and possible updates to G.O. 95 that could facilitate more resilient utility transmission and distribution assets.
POU Response: MVU’s assessment of wildfire risks is discussed in Section 5 of MVU’s WMP. The following provides responses to specific questions included in the WSAB’s 2021 WSAB Guidance Advisory Opinion:
• Are there design or construction issues related to the utility’s specific topography or geographic location that the Board should be aware of?
POU Response: No.
• How will the utility address risks associated with facilities requiring power that abut a Tier 2 or Tier 3 HFTD?
POU Response: MVU will continue to underground all system distribution facilities, as well as employ grid-hardening measures where appropriate. • How does the utility assess its risks associated with system design and construction? POU Response: MVU’s electric facilities are designed and constructed to meet or exceed the relevant federal, state, or industry standard. MVU treats CPUC General Orders (GO) 95 and 128 as a key industry standard for design and construction standards for underground electrical facilities. MVU meets or exceeds all standards in GO 95 and 128. Additionally, MVU monitors and follows, as appropriate, the National Electric Safety Code.
D. Risk Assessment
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• What design and construction standards has the POU implemented that go beyond G.O. 95 or other General Order standards related to design and construction? POU Response: MVU undergrounds all electric distribution facilities.
WSAB Recommendation #11: Provide context-setting information about the prevailing wind directions and speeds, differentiated by season, along with average weather conditions by season. Describe how and why situational awareness technology is installed, and where on the system. Describe the decision-making process regarding the installation of situational awareness technology, including constraints such as budgets, availability of equipment, knowledge to effectively deploy, or qualified personnel to install and monitor effectively.
Identify any other agencies, utilities, or fire professionals that the data from these devices is shared with.
POU Response: As a 100% underground utility, MVU does not collect wind/weather data. MVU shares service territory with SCE who maintains a robust meteorology division. Relevant weather data should be sourced from SCE.
WSAB Recommendation #12: Describe treatment plans for all types of vegetation associated with utility infrastructure, from the ground to the sky, which includes vegetation above and below electrical lines.
POU Response: MVU’s vegetation management program is discussed in Section 6 of MVU’s WMP.
MVU staff, in partnership with its maintenance and operations provider, is responsible for electric facility design, maintenance, and inspection, including vegetation management. Although MVU’s electrical distribution system is 100% underground, MVU follows best practices to prevent ignition of wildfires from its equipment. These items include:
• MVU performs routine maintenance of all distribution facilities.
• MVU adheres to a seasonal weed abatement and vegetation management schedule to maintain at-risk sites.
E. SITUATIONAL AWARENESS TECHNOLOGY
F. VEGETATION MANAGEMENT
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Attachment: Updated MVU 2022 Wildfire Mitigation Plan (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE TO 2022 MVU WILDFIRE 2022 MVU Wildfire
Mitigation Plan Version
November 17, 2021 31
• MVU contracts for seasonal weed abatement services. Standard clearances as defined by General Orders 95, 128, 165, and 174, are maintained as part of routine maintenance cycles. All electric distribution facility equipment requiring repair and maintenance are addressed and corrected as they are identified. Annual inspections and maintenances of MVU substation facilities identified no deficiencies for 2020. • MVU abides by Municipal Code 6.40 to abate trees, shrubs, weeds, and grass at all MVU facilities. Including Landscaping, vegetation, or improved or unimproved property in any of the following conditions: containing weeds, dry grasses, dead trees, dead shrubs, or any other material which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth or location, constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs, including, but not limited to sagebrush, chaparral, and Russian Thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blown onto adjoining property by prevailing winds; trees and shrubs containing dead or fallen limbs or branches that may present a safety hazard; trees or shrubs which are overgrown or contain limbs or branches that restrict, impede or obstruct the use of or obscure the visibility of pedestrians or drivers using the public rights-of-way, easements, sidewalks or roadways; overgrown vegetation likely to harbor vermin, insects or rodents of any kind.
WSAB Recommendation #13: List the qualifications of any experts relied upon, such as scientific experts in ecology, fire ecology, fire behavior, geology, and meteorology. Specify the level of expertise of the POU staff that manages the contractors performing vegetation management. Describe measures each POU takes to ensure that POU staff and contractors comply with or verify compliance with Cal/OSHA standards on Minimum Approach Distances (MAD).
POU Response: NA
WSAB Recommendation #14: Describe whether the POU has considered innovative and alternative approaches to vegetation management.
POU Response: NA
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Attachment: Updated MVU 2022 Wildfire Mitigation Plan (5737 : ADOPT RESOLUTION 2022-XX, APPROVING UPDATE TO 2022 MVU WILDFIRE
Report to City Council
ID#5767 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: May 17, 2022
TITLE: APPROVE THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
SYNERGY COMPANIES FOR ENERGY AUDIT AND
DIRECT INSTALLATION OF ENERGY EFFICIENCY
MEASURES FUNDED BY PUBLIC PURPOSE FUNDS
RECOMMENDED ACTION
Recommendation:
1. Approve the Second Amendment to the Professional Services Agreement with Synergy Companies for Energy Audit and Direct Installation of Energy Efficiency Measures funded by Public Purpose funds..
2. Authorize the City Manager to execute the Second Amendment.
SUMMARY
This report recommends approval of the Second Amendment to the Professional Services Agreement with Synergy Companies, through which Moreno Valley E lectric Utility (MVU) assists residential customers in lowering their electricity costs by providing energy audits and direct installation of items such as energy efficient lighting, HVAC tune-ups, weatherization seals, and smart power strips.
DISCUSSION
Assembly Bill 2021 (AB 2021) was signed into law in September 2006. The bill requires publicly owned electric utilities to identify all potentially achievable cost -effective energy efficiency savings and establish annual targets for energy efficiency sav ings and demand reduction over 10 years. Utilities are required to report those targets to the A.10
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California Energy Commission (CEC) and to annually report expenditures, programs, cost-effectiveness, and energy savings achieved.
The cost -effective energy ef ficiency targets for Moreno Valley Electric Utility (MVU) were updated by Resolution 2021 -26, which was approved by Council on April 20, 2021. The agreement with Synergy Companies to provide energy audits and energy efficiency measures to MVU customers assists in achieving these targets.
Over the last five years, the Residential Energy Audit and Direct Installation Program has provided over $1,200,000 in energy efficiency measures that have saved customers 5,200,388 kWh on their energy bills while helpin g MVU to meet the targets established under AB 2021.
Under the proposed Second Amendment, t he pricing for the expanded Scope of Services is the same pricing that was offered to Moreno Valley in 2017. The current contract expires on June 30, 2022, with a funding level of $500,000 each year. The proposed Second Amendment would continue the program with a funding level of $500,000 annually through June 30, 2027.
Staff is recommending the extension of the existing Agreement for an additional five years due to the success of the program, Synergy’s knowledge of MVU’s customer base, and no changes in pricing for the energy efficiency measures offered to customers.
ALTERNATIVES
1. Approve the Second Amendment to the Professional Services Agreement with Synergy Companies to provide an Energy Audit and Energy Efficiency Implementation Program. Staff recommends t he expansion of this Energy Efficiency Program that will allow the City’s utility to work towards meeting established energy efficiency targets and pro vide more customers with the opportunity to save on their electric bills.
2. Do not approve the Second Amendment to the Professional Services Agreement with Synergy Companies to provide an Energy Audit and Energy Efficiency Implementation Program. Staff does not recommend this alternative, as it would restrict the City’s utility in its ability to meet established energy efficiency targets and provide customers with the opportunity to save on their electric bills.
FISCAL IMPACT
The program is funded thr ough the collection of state mandated Public Purpose Program funds, which the City Council formally adopted on January 13, 2004. Public A.10
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Purpose Program funds can only be utilized under a strict umbrella of programs, determined at the State level of government.
The budget for fiscal year 2022/2023 allocated to Energy Efficiency in account GL# 6012-70-80-45511-710144 is sufficiently funded. This budgeted amount is to be used for a variety of energy efficiency programs, including energy star appliance rebate s, commercial lighting rebates, and the Energy Audit and Energy Efficiency Direct Installation Program.
NOTIFICATION
Publication of the Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Michael McLellan Michael Lloyd, P.E.
Electric Utility Program Coordinator Public Works Director/City Engineer
Concurred By:
Jeannette Olko
Electric Utility Division Manager
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
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
CITY COUNCIL GOALS
Positive Environment. Create a positive environment fo r the development of Moreno Valley's future.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
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3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.1: Develop a Moreno Valley Uti lity Strategic Plan to prepare for the 20 22 expiration of the ENCO Utility Systems agreement.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22)
APPROVALS
Budget Officer Approval ✓ Approved . 5/09/22 8:45 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/09/22 8:48 AM A.10
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SECOND AMENDMENT TO AGREEMENT
FOR PROFESSIONAL SERVICES
The S
econd Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “City,” and Eagle Systems International Inc. DBA Synergy Companies, a Corporation, with its principal place of business at 90 Business Park, Perris, California 92571, hereinafter referred to as “Consultant.” This Second Amendment to Agreement is made and entered into effective on the date the City signs this Amendment.
RECITALS:
W hereas, the City and Consultant entered into an Agreement entitled “AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES,” hereinafter referred to as “Agreement,” dated September 19, 2017.
Whereas, the City and Consultant entered into the First Amendment to Agreement, dated May 2, 2019.
Whereas, the Consultant is providing professional Audit and Direct Install contracting services.
Whereas, it is desirable to amend the Agreement to extend the agreement due to the success of the original program and to reach more customers and provide greater benefits to the community.
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:
1.1 The Agreement termination date of June 30, 2022 is extended by this Amendment to June 30, 2027, unless the termination date is further extended by an Amendment to the Agreement.
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
1.2 The Contractor ’s scope of service as described in Exhibit “A” to the Agreement is hereby further amended by adding to the Residential Measures and is included for reference.
1.4 The City agrees to pay the Consultant and the Consultant agrees to receive a “Not - to-Exceed” fee of $500,000 per fiscal year during the term of this Amedment, in consideration of the Consultant’s performance of the work set forth in Exhibit “A” to the Agreement.
1.5 The total “Not -to-Exceed” fee for this contract is $4,800,000 ($1,500,000 for the original Agreement plus $800,000 for the First Amendment to Agreement and $2,500,000 for the Second Amendment).
SECTION 2
2.1 Except as ot herwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
SIGNATURE PAGE TO FOLLOW
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES IN W ITNESS HEREOF, the par ties have each cause d their au thorized representative to execute this Agreement.
C
ity of Moreno Valley Eagle Systems International, Inc.
DBA Synergy Companies
B
y: ____________________________ By: __________________________ Mike Lee, City Manager
Title: _________________________
Date: ______________________ (President of Vice President) Date: _________________________
By: __________________________
Title: _________________________
(Corporate Secretary)
Date: ________________________
INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
C ity Attorney
___________________________
Date
R
ECOMMENDED FOR APPROVAL:
___________________________
D epartment Head
___________________________
Date
04/06/2022
4/6/2022
Vice President, Business Development
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA Synergy Companies (04.06.22) (5767 :
MVU - Residential Audit & Direct Install
Program Added Measures 04/01/2022
Source CZ EUL Unit Price
Annual
kWh
Savings
kW
In Home Energy Audit 10 per home $49.00 0 0.000
AC Tune Up (Refrigerant Charge and Coil Clean) - Single Family CMUA TRM 2016 10 5 per ton $55.00 94 0.179 AC System Filter Change (Airflow Adjustment) - Single Family CMUA TRM 2016 10 5 per system $20.00 5 0.009 Duct Testing and Seal - Single Family DEER 2011 10 5 per system $365.99 212 0.437 LED R-30 DEER 2011 10 12 per lamp $26.00 125 0.040
LED R-40 DEER 2011 10 12 per lamp $36.00 125 0.040
11W LED A-Lamp DEER 2011 10 12 per lamp $18.23 125 0.040 Tier 2 Smart Powerstrip CalPlug Workpaper 10 8 per plug $110.00 346 0.000 Smart Programmable Thermostat CPUC Workpaper - SWHC039 10 9 per home $310.00 207 0.000 Whole House Fan - 1500 CFM Estimated savings with CPUC Approved Workpaper SWHC030-01 as a guide 10 20 per home $902.50 271.82 0.210 Whole House Fan - 2500 CFM Estimated savings with CPUC Approved Workpaper SWHC030-01 as a guide 10 20 per home $1,327.50 453.03 0.350 Whole House Fan - 3300 CFM Estimated savings with CPUC Approved Workpaper SWHC030-01 as a guide 10 20 per home $1,500.00 598 0.462 Whole House Fan - 4800 CFM Estimated savings with CPUC Approved Workpaper SWHC030-01 as a guide 10 20 per home $1,790.00 869.82 0.672 Whole House Fan - 5500 CFM Estimated savings with CPUC Approved Workpaper SWHC030-01 as a guide 10 20 per home $1,967.50 996.67 0.770 Energy Star Ceiling Fan CMUA TRM 10.3 10 10 per fan $275.00 151 0.123 Solar Screen CMUA TRM 12.5.1 10 10 per sq. ft. $6.00 0.93 0.001 High Efficiency HVAC Fan Motor CPUC Workpaper - SWHC038 10 5 per ton $110.00 109 0.104 A.10.a
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Attachment: SynergySigned_Second Amendment to Agreement - Eagle Systems International, Inc. DBA
Report to City Council
ID#5776 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 17, 2022
TITLE: AWARD OF AN INDEPEND ENT CONTRACTOR
AGREEMENT FOR LANDSCAPE MAINTENANCE
SERVICES (LANDSCAPE DISTRICTS - VALLEY) (CITY
COUNCIL AND CSD BOARD), WHICH IS FUNDED BY
PARCEL CHARGES (AGMT. NO. 2022-__)
RECOMMENDED ACTION
Recommendations:
1. Approve the Agreement for On -Site and/or Professional Services for Landscape Districts – Valley (“Agreement”) with Greentech Landscape, Inc., 13560 Telegraph Rd. Whittier , CA 90605 , and waive any and all minor irregularities, to provide landscape and irrigation maintenance services for certain l andscape maintenance districts for a period of five years at a total not-to-exceed amount of $3,636,800.
2. Authorize the City Manager to execute the Agreement with Greentech Landscape, Inc. and authorize the Assistant City Manager/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 appropriations and program approvals have been granted by the City Council.
SUMMARY
This report re commends award of an Agreement to Greentech Landscape, Inc. (the “Contractor”). The Agreement is for a five -year term for landscape and irrigation maintenance services and is subject to an annual inflationary adjustment.
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Funding for the landscape maintena nce services is provided through a parcel charge collected as part of the annual property tax bill . The parcel charge is only applied to those properties receiving benefit from the public landscaping and where such property owners have previously approved the charge.
DISCUSSION
The City established landscape maintenance districts to provide the financial resources to maintain public landscaping in parkways, medians, and open space areas for designated developments throughout the community. Property owners within a landscape maintenance district pay a parcel charge as part of their annual property tax bill. Revenue received from the parcel charge funds the cost to provide the landscape maintenance services. The funds received from the parcel charge are restricted and can only be used for landscape maintenance services and only in the area for which they are collected.
The frequency of landscape maintenance service provided is based on each area’s financial resources. At the time the City accepts an area’s p ublic landscaping for maintenance, the parcel charge is set at a rate sufficient to fund the City’s standard frequency of service, Level 1 (4 -week rotation) or Level 3 (12 -week rotation). For those areas where costs to maintain the landscaping have increas ed and the property owners have not approved an increase in the parcel charge, the frequency of service has been reduced to a level consistent with available funding.
Based on the pricing provided in the Contractor’s proposal and the projected parcel charge revenue for the landscape areas included in this Agreement, there is sufficient funding to continue providing the same frequency of service as the areas are receiving in fiscal year (FY) 2021/22. The table in the Fiscal Impact section identifies each of the landscape areas included in this Agreement and proposed service level for FY 2022/23.
The areas include approximately 97 tracts located throughout the City and are represented in the maps included in Exhibit A of the Agreement (Attachment 1).
Maintenance of the public landscaping is performed by licensed and insured landscape contractors. The contractors are selected through a competitive Request for Proposal (RFP) process every five -years, consistent with the City’s Procurement Policy. Public Contract Code 22002, t he Uniform Public Const ruction Cost Accounting Act (Municipal Code 3.12.300) , allows the use of the RFP procurement process for landscape maintenance services.
On February 8, 2022, an RFP for landscape maintenance services was issued using the City’s electronic bid and vendor management system (Planetbids). Two hundred seventy three (273) vendors were notified of the RFP and three responses were received by the RFP due date of 2:00 p.m. on March 8, 2022.
The RFP requested information on th e proposer’s 1) pricing, 2) references from other municipalities/public agencies where similar services have been provided, 3) ability to provide the services , and 4) qualifications and certifications in accordance with B.2
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accepted standards . Evaluation of th e responses were independently completed by representatives from the Parks Maintenance Division and Maintenance and Operations Division.
Staff recommends 1) awarding the Agreement to Greentech Landscape, Inc., waiving any and all minor irregularities, 2) authorizing the City Manager to execute the Agreement, and 3) authorizing the Assistant City Manager/Chief Financial Officer to approve all future amendments in accordance with the terms of the Agreement and subject to the approval of the City Attorney. Su ch amendments shall only be entered into provided they are within the authorized not -to-exceed amount and provided sufficient funding appropriations and program approvals have been granted by the City Council. Authorizing the Assistant City Manager/Chief F inancial Officer to amend the Agreement allows for adjustments in additional work services, as may be necessary, without a delay in service.
This action meets the Strategic Plan Priorities by managing and maximizing Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.
ALTERNATIVES
1. Approve the Agree ment for Landscape Maintenance Services with Greentech Landscape, Inc. and related recommended actions as presented in this staff report. Staff recommends this alternative to provide uninterrupted maintenance of the public landscaping.
2. Do not approve the A greement. Staff does not recommend this alternative as it may cause an interruption in the maintenance of the public landscaping.
Additional costs may be incurred to obtain another landscape maintenance contractor with no guarantee that a more qualified co ntractor can be found at a better cost.
3. Do not approve the Agreement but continue the item to a future City Council meeting. Staff does not recommend this alternative as it may cause an interruption in the maintenance of the referenced public landscaping.
FISCAL IMPACT
Maintenance costs to provide public landscape maintenance services is funded through a property owner approved parcel charge, which is levied on the property tax bills.
Revenue from the parcel charge can only be used for landscape main tenance services and administrative costs associated with the landscape maintenance. Costs for these B.2
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services are included in the City’s FY 2022/23 Adopted Operating Budget and are allocated in the amounts as shown in the following table.
Account Number/Project Service Level1 Monthly Cost Annual Subtotal Base Work Annual Additional Work2 Total 5111-30-79-25704-620910 Level 1 $ 7,600.69 91,208.28$ 5111-30-79-25704-620910 Level 3 $ 7,276.22 87,314.64$ 5111-30-79-79006-720199 200,000.00$ 200,000.00$ $ 14,876.91 178,522.92$ 479,477.08$ 658,000.00$ Base Work1
Zone D 178,522.92$ 279,477.08$
Service Area
458,000.00$
FY 2022/23 Landscape Maintenance Service Schedule
Summary
Zone D CIP3
Totals
1 Base Work is routine maintenance at a regular frequency (i.e. service level). Level 1 = 4 week rotation; Level 2 = 8 week rotation; Level 3 = 12 week rotation; Level 5 = 20 week rotation. See Exhibit E, Schedule II - Frequency of Services Table for additional information. 2 Additional Work is for unanticipated/emergency work and reinvestments. The amounts are based on an area's financial resources to support work beyond routine maintenance, may vary in any given year and are contingent upon budget approvals. 3 Capital Improvement Projects. Based on information known at the time of NTE calculation. Actual amounts may vary depending on an area's financial resources, City Council program, and budget approvals.
The term of the Agreement is for five years, provided funding appropriations and program approvals have been granted by the City Council each fiscal year. The Agreement is subject to an annual Consumer Price Index (CPI) inflation adjustment, at the discretion of the Ci ty and with appropriate City Council funding and program approvals. The following table is the not-to-exceed amount of the five-year Agreement (including an estimate for annual CPI adjustments).
Proposed Estimate3 Estimate3 Estimate3 Estimate3
Base Work 1
178,522.92$ 187,500.00$ 196,900.00$ 206,800.00$ 217,200.00$ 986,922.92$ Additional Work2
479,477.08$ 503,500.00$ 528,700.00$ 555,200.00$ 583,000.00$ 2,649,877.08$ Total 658,000.00$ 691,000.00$ 725,600.00$ 762,000.00$ 800,200.00$ 3,636,800.00$ Landscape Maintenance Districts - Valley
FY 2022/23
Year 1
FY 2023/24
Year 2
FY 2024/25
Year 3
FY 2025/26
Year 4
FY 2026/27
Year 5
1Base Work is for routine landscape maintenance.
²Additional Work is for reinvestments (e.g. replants), unanticipated/emergency repairs, parts and labor and/or Capital Improvement Projects (CIP). Amounts are estimated and may fluctuate in any given year based on the area's ability to support the services and City Council approval of appropriate funding levels. Pricing is based on pricing terms of the Agreement (Exhibit C).
3Estimates based on information known at the time of NTE calculation. Actual amounts may vary depending on the addition/removal of service areas, an area's financial resources, and City Council program and budget approvals. The purchase order will be based on actual amounts authorized.
Projected
Not-to-Exceed
NOTIFICATION
The RFP was posted on the City’s bid porta l (PlanetBids) on February 8, 2022.
PlanetBids notified 273 vendors about this RFP.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager/Chief Financial Officer/City Treasurer
Concurred By:
Felicia London
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Purchasing & Sustainability Division Manager
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighb orhood 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
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Agreement - Greentech Landscape, Inc.
APPROVALS
Budget Officer Approval ✓ Approved . 5/09/22 8:25 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/09/22 8:46 AM B.2
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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 and Moreno Valley Community Services District, 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 Greentech Landscape, Inc., a California Corporation, with its principal place of business at 13560 Telegraph Rd., Whittier, CA 90605 , 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 landscape maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional landscape maintenance services, is licensed in the State of California, if applicable; C. City desires to engage Contractor to render such services for the landscape maintenance services as set forth in this Agreement;
D. The public interest, convenience, necessity and general welfare 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: Greentech Landscape, Inc.
Address: 13560 Telegraph Rd.,
City, State, Zip: Whittier, CA 90605
Business Phone: 800-420-1962
Business License Number:
Federal Tax I.D. Number: 26-3419736
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.
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.
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 2 D. The term of this Agreement shall be through June 30, 2027 and as provided in Exhibit “D” attached hereto and incorporated herein by this reference, 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. The Contractor’s Proposal is provided in Exhibit “E” attached hereto and incorporated herein by this reference.
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. I
ntent 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. S
ubcontracting. 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 terms and conditions of this A greement, 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. C
onformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
E. S ubstitution 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 adequate or timely completion of the project or a threat to the safety of persons or property, shal l be promptly B.2.a
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 3 removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Gus Marquez.
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. C ontractor’s Representative. Contractor hereby designates Gus Marquez, 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 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 of all portions of the s ervices under this Agreement.
H. L
egal Con siderations. 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. S tandar d 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 o f 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 services 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 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. C
ontractor 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 B.2.a
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 4 demands, 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. 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. I
nsurance 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 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
X 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 B.2.a
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 5 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
Prof essional Errors and Omission Insurance —such coverage shall not be less than $1,000,000 per claim and aggregate.
X 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 $1,0 00,000 combined single limit.
X A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the ex ecution 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 for 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 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
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 pr ior 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 i s 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 a ll B.2.a
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 6 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.
N. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of 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, 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 State 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. R
estrictions on City Employees . The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No B.2.a
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 7 officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.
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. D
elivery 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:
Greentech Landscape, Inc.
13560 Telegraph Rd.
Whittier, CA 90605
Attn: Gus Marquez, President
City:
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Special Districts 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. C ity’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this project.
V. A mendment; 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.
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 8 X. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the parties.
Y. C ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.
Z. I nvalidity; 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. A ssignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agr eement 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. C ONTRACTOR 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).
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 9 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.
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: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley and Moreno
Valley Community Services District
Greentech Landscape, Inc.
By: By:
Title: Mike Lee, City Manager Title: (President or Vice President)
By:
Date:
Title: Mike Lee, City Manager, Acting in
the capacity of District Manager to
the Moreno Valley Community
Services District
Date:
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
(if contract exceeds $15,000)
Date
By:
Title: Corporate Secretary or Assistant
Secretary
Date:
Affix Corporate Seal Below
04/27/2022
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EXHIBIT A – SCOPE OF WORK – Page 1 of 40
EXHIBIT A – SCOPE OF WORK
LANDSCAPE MAINTENANCE
1. GENERAL PROVISIONS
A. The work to be performed under this agreement shall include the furnishing of all labor, material, and equipment necessary for the provision of landscape, irrigation and appurtenant maintenance services within the boundaries of the various City landscape maintenance districts, zones , or City responsible landscape areas as determined in the resolutions or agreements of the City Council and/or Community Servic es District Board establishing said landscape maintenance, zones, or City responsible landscape areas and as said boundaries may have been heretofore or may be hereafter amended, and as more particularly shown on the Location Map or Maps included herein and as may be amended during the term of this Agreement.
B. The Contractor shall have the duty to: mow, edge, trim, and fertilize, groundcover, and shrub areas designated hereunder; regularly maintain and prune those portions of trees up to eighteen feet (18’) in height; remove litter and debris from all sites as required under this a greement; provide general pest control services as requested, including but not limited to weeds, insects, vertebrate pests, and diseases; maintain irrigation systems; hand water and bleed valves as necessary during emergencies when automatic systems are not functioning; complete and submit required reporting forms as provided herein or as may be added from time to time; and submit invoices in a timely manner and in detail by and for each landscape area to include specific reference to WQB ID Median ID, Tract ID, Traffic Circle ID, LMD zone or CFD area for which work was completed.
C. All work shall be performed in accordance with usual and customary horticultural practices to achieve, and maintain healthy, viable landscapes. The Public Works Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter des ignated as "Director" will periodically inspect all the operations and approve or reject the work performed, and methods or materials used, and make changes in the work scheduling.
D. The Contractor shall be responsible for carefully reviewing the site(s), and verifying the square footage noted for each location of proposed work included in the Proposal. The Contractor shall not be relieved of his/her/its liability under this agreement, nor shall the City be held liable for any loss sustained by the Contractor for any variance between conditions as referred to herein and the actual conditions revealed during the examination of the locations of the proposed work.
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E. All work shall be performed in accordance with the p rovisions of this agreement and in accordance w ith an approved service schedule, as approved by the Director. Service schedules may be modified with 30 days advance written notice by the City.
F. Failure to adhere to comply with any provisions included herein may result in the assessment of non-performance penalties per Exhibit C.
G. All equipment used in the performance of work under this agreement shall be compliant with the current regulations of the California Air Resources Board.
2. TURF CARE
A. All turf areas shall be mowed, edged, and trimmed per the Frequency of Services Table, as set forth in Exhibit E, Schedule II. Should weather and/or site conditions preclude the normally scheduled frequency of this service during any month, or portion thereof, the maintenance schedule shall be modified at the discretion and approval of the Director.
B. At the discretion of the Director, turf areas may be mowed with mulching- type mowers of a type acceptable to the City.
C. All mowing and edging equipment shall: be in proper working order; have blades properly sharpened, balanced, and aligned; be thoroughly cleaned of all excess clippings, soil, and debris prior to move-in at each site.
D. All clippings, soil, and debris generated by mowing and edging operations shall be immediately collected, removed from the site, and di sposed of in a legal manner. For the purposes of this Specification the term "site" shall include, but is not limited to, appurtenant hardscaping, sidewalks, curbs and gutters.
E. Machines operating on turf known to have a disease, fungus, or insect infestation shall be sterilized with a five percent (5%) chlorine bleach, and water solution prior to move-in to any other site.
F. Mowing height for cool season grasses shall not exceed three inches (3”) maximum, or two inches (2”) minimum, and shall be adjusted within these parameters on a seasonal basis.
G. Mowing height for warm season grasses shall not exceed one and one- half inches (1½”) maximum, or three-quarters of an inch (¾”) minimum, and shall be adjusted within these parameters on a seasonal basis.
H. All turf borders shall be cut with a vertical blade edger. Use of string trimmers to perform this task is not acceptable.
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EXHIBIT A – SCOPE OF WORK – Page 3 of 40
I. Trimming around turf appurtenances (i.e., valve and meter boxes, backflow devices and controller enclosures, sprinklers) may be accomplished with use of string trimmers.
J. Whenever trees occur in turf areas, a six-inch (6”) ring of grass shall be removed from around the trunks to protect the crowns from mechanical damage. These rings shall be maintained in a clean, weed free condition.
K. Thin areas in turf shall be resodded or reseeded as necessary to prevent invasion of weeds.
L. Fertilization. See Fertilizer Use.
M. Pest Control. See Pesticide Use.
N. Aeration. All turf areas shall be aerated per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director.
1. Aeration equipment shall be of the hollow tine type. The tines shall have a minimum diameter of one-half inch (½”), and a penetration depth of at least two inches (2”). There shall be no more than six inches (6”) between tines; Areas to be treated shall be adequately irrigated prior to treatment to allow maximum tine penetration.
2. Any soil cores remaining on the turf surface two (2) week after treatment must be removed.
3. Humus base fertilizer is to be applied directly following spring and fall aeration operations.
4. Renovation/thatching and additional aeration operations are to be considered Additional Work, per Exhibit C.
3. TREE CARE
A. All trees are to be maintained in a manner that will promote normal, healthy growth.
B. The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthorized take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bi rd Treaty Act (MBTA), including but not limited to Sections 703- 713 and the California Department of Fish and Wildlife Code Sections 3503, 3503.5, and 3513.
C. For the purposes of these Specifications, trimming, pruning, and pest control operations for those portions of trees greater than eighteen feet (18’) in height is to be considered Additional Work, per Exhibit C.
D. Whenever site conditions permit, trees are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public B.2.a
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safety and tree survival. All tree trimming/pruning shall be done in conformance with ANSI A300 (Part 1) - 2017, safety requirements will be per ANSI Z133 standards, and the most current version of the City’s Tree Management Administrative Procedure AP# 2.22.
E. Trees shall be pruned to:
1. Remove dead, diseased, or damaged branches:
2. Remove unwanted encroachments into the public and/or utility r ights-of- way;
3. Correct any condition, which the Director has deemed to be hazardous.
F. Portions of trees up to eighteen feet (18’) in height shall:
1. Be pruned to enable successful adaptation to their particular site situation;
2. Have no more than one-third (1/3) of living branches removed annually;
3. Be fertilized only as directed by City field staff.
G. Portions of trees over eighteen feet (18’) in height shall:
1. Be inspected annually.
2. Pruned and/or trimmed as necessary to maintain proper site orientation.
3. Be p runed and/or trimmed as necessary to remove unwanted encroachments into public, and/or utility rights-of-way;
4. Be pruned and/or trimmed as necessary to correct any condition, which the Director has deemed to be hazardous.
5. Pruned to remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.
H. Pruning tools shall:
1. Be kept properly sharpened, and in proper working order.
2. Be sterilized with five percent (5%) chlorine bleach and water solution before commencing work, and between cuts on any tree known to be diseased.
I. The following practices shall not be allowed:
1. Internodal cuts of any kind (a.k.a. "stubbing", "shearing", "tipping", "topping").
2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.
3. Use of pruning paint/pruning compound/wound dressing.
4. Use of climbing spurs or gaffs.
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J. All prunings/trimmings and debris generated by pruning operations shall be immediately removed from the site, and disposed of in a legal manner.
K. Trees shall be staked/guyed in a manner, and with materials that are acceptable to the Director. Double staking with two (2) lodge pole-type stakes is the minimum City standard.
L. Tree stakes tree ties, and guy wires shall be inspected regularly to ensure against girdling and abrasion, and removed as soon as possible after tree establishment, and site conditions allow.
M. After the stump grinding is complete, the area shall be backfilled with the grindings 2” above level.
N. Pest Control. See Pesticide Use.
4. SHRUB CARE
A. All shrubs are to be maintained in a manner that will promote normal, healthy growth.
B. For the purposes of these Specifications, shrubs are defined as any multi - stemmed/low branching woody plants whose height at maturity is not less than one foot (1’), or greater than ten feet (10’).
C. Whenever site conditions permit, shrubs are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public safety and plant survival.
D. Shrubs shall be pruned and/or trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director, to:
1. Remove dead, diseased, or damaged branches.
2. Remove unwanted encroachments into public and/or utility rights-of-way.
3. Correct any condition which the Director has deemed to be hazardous.
E. Shrubs shall be pruned in a manner that will:
1. Enable successful adaptation to their particular site situation.
2. Follow the maturation of the leaves/needles of the first seasonal growth flush, unless accepted practices for a particular species (i.e. roses) dictate otherwise.
F. Pruning tools must:
1. Be kept properly sharpened, and in proper working order.
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EXHIBIT A – SCOPE OF WORK – Page 6 of 40
2. Be sterilized with a five percent (5%) chlori ne bleach and water solution before commencing work, and between cuts on any shrub known to be diseased.
G. The following practices are not allowed:
1. Internodal cuts ( e.g. "stubbing", "tipping", "topping"). Shearing ( e.g. "boxing", "hedging", "balling", "poodling") will be done only when authorized by the Director on a site-specific basis.
2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.
3. Use of pruning paint/pruning compound/wound dressing.
H. Fertilization. See Fertilizer Use.
I. Pest Control. See Pesticide Use.
5. GROUND COVER CARE
A. All ground covers are to be maintained in a manner that will promote normal, healthy growth.
B. For the purposes of these Technical Provisions, ground covers are defined as mass plantings of same -species, multi -stemmed plants with a trailing growth habit, whose height at maturity does not exceed ± one foot (1’).
C. Ground covers shall be pruned/trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director to:
1. Remove dead, diseased, or damaged branches/crowns.
2. Remove unwanted encroachments into or upon public and/or utility rights - of-way, as well as other landscape components (i.e., shrubs, trees, turf areas, irrigation equipment, walls, and monuments).
3. Remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.
4. Correct any condition which the Director has deemed to be hazardous.
D. Ground covers shall be pruned/trimmed/renovated:
1. To enable successful adaptation to their particular site situation,
2. In accordance with accepted practices for the particular species in question.
E. Pruning tools shall:
1. Be kept properly sharpened, and in proper working order.
2. Be sterilized with a five percent (5%) chlorine bleach and water solution before commencing operations at any site.
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F. String trimmers shall not be used for any of the above described operations unless authorized by the Director on a site-specific, task-specific basis.
G. Fertilization. See Fertilizer Use.
H. Pest Control. See Pesticide Use.
6. CHANNEL AND HABITAT CARE
The channel thinning zones will be subject to long- term management practices for flood control work. The channel-thinning zones are comprised of the two 40-foot-wide thinning zones. Beyond the 40- foot channel -thinning zones, removal of native vegetation shall be allowed only to assure proper operation of slope buffer area irrigation systems, to perform permitted fire protection activities, and to eliminate any hazardous condition for public safety.
The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthoriz ed take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA), including but not limited to Sections 703-713 and the California Department of Fish and Game Code sections 3503, 3503.5, and 3513.
A. Vegetative Thinning
1. When vegetation and removal is deemed necessary by the City, and regulatory permits are in place to provide for adequate flood protection, the City shall determine if the work shall be accomplished by hand crews, mechanical equipment, or a combinat ion of available resources. In reaching this determination, careful consideration shall be given to the mutual goal of minimizing negative impacts throughout the mitigation site and continuing to allow the drainage to function as a flood control channel designed to support 100-year flood flows.
2. The channel thinning zones will be maintained annually by mowing or removing vegetation above the existing soil level not to exceed two feet (24- inches) in height so that all channels will support 100-year flood flows.
3. For maintenance of channel the Contractor may use:
a. Four-wheel-drive all-terrain vehicle (ATV) type maintenance vehicles to haul personnel, equipment, trash, trimmings, weeds, and debris. b. A 30-40 horsepower utility tractor with bucket and mower for mowing channel bottoms.
c. A skip-loader and/or backhoe as required to effect irrigation mainline repairs in areas accessible to this type of equipment.
B. Timing of Vegetative Thinning
1. The Contractor will perform maintenance services within the 40- foot wide thinning zones pursuant to existing City policies, guidelines, and B.2.a
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regulations, and required regulatory permits, including but not limited to National Pollutant Discharge Elimination System (NPDES) permits, and community obligations to maintain flood carrying c apacity within all channels, as required under FEMA’s LOMR, dated September 27, 2004, and required regulatory permits. The contractor shall conduct the annual vegetative thinning program within the 40-foot wide thinning zones, outside the bird nesting season and consistent with the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA). If annual vegetative thinning must occur during the nesting season, this activity will be authorized if the vegetation to be thinned represents a threat to public safety and/or biological surveys confirming the absence of nesting birds occurs at this time as well.
C. Pesticide Use and Weeding
1. Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities shall be limited pursuant to existing City policies and guidelines, and/or as described herein.
2. The Contractor will conduct weed abatement on a quarterly basis including, but not limited to, the exotic plant species listed herein. Weeds shall be removed by hand, including the root, or controlled with an appropriate herbicide as determined by a licensed Pest Control Advisor (PCA). The use of herbicides for weed control within the channel shall be used for species such as Bermuda grass (Cynodon dactylon), giant reed (Arundo donax ), bindweed ( Convolvulus arvensis ), and salt cedar (Tamarix sp .). Only pesticides approved for use within stream courses shall be authorized for use within all channel areas.
3. All weeds shall be removed from the mitigation site and/or controlled at all times.
4. Weeds are defined as “any plant species whose presence on a site is detrimental to the appearance of the site and the normal, healthy growth of plant materials intended for the site.” All plants that constitute a public health or safety hazard shall also be considered weeds. Examples of weeds to be controlled include, but are not limited to:
d. Arundo/giant reed (Arundo donax);
e. Artichoke thistle/cardoon (Cynara cardunculus);
f. Australian saltbush (Atriplex semibaccata);
g. Bermuda grass (Cynodon dactylon);
h. Biennial mustard (Hirschfeldia incana);
i. Black mustard (Brassica nigra);
j. Broom species (Cytisus spp.);
k. Bull thistle (Cirsium vulgare);
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l. Canary Island date palm (Phoenix canariensis);
m. Castor bean (Ricinis communis);
n. Cootamundra wattle (Acacia baileyana);
o. Fennel (Foeniculum vulgare);
p. Filaree/Storksbill (Erodium spp.);
q. Foxtail chess (Bromus madritensis);
r. Hottentot fig (Carpobrotus edulis);
s. Italian ryegrass (Lolium multiflorum);
t. Italian thistle (Carduus pycnocephalus);
u. Ivy (Hedera spp.);
v. Japanese honeysuckle (Lonicera japonica);
w. Kikuyu grass (Pennisetum clandestinum);
x. Pampas grass (Cortaderia jubata; C. selloana);
y. Periwinkle (Vinca major);
z. Peruvian pepper tree (Schinus molle);
aa. Rabbitsfoot grass (Polypogon monspeliensis);
bb. Red valerian (Centranthus ruber);
cc. Ripgut brome (Bromus diandrus);
dd. Russian thistle (Salsola tragus);
ee. Slender oats (Avena barbata);
ff. Soft chess (Bromus hordeaceus);
gg. Tamarisk (Tamarix ramosissima, T. parviflora);
hh. Tree tobacco (Nicotiana glauca);
ii. Umbrella sedge (Cyperus involucratus);
jj. Water bent grass (Agrostis viridis); and
kk. Wild oat (Avena fatua).
D. Trash and Debris Removal
1. The mitigation site shall be kept free of trash and debris in perpetuity. Trash and debris removal shall occur in accordance with the Frequency of Services schedule (Exhibit E, Schedule II) . If trash and debris removal is required during the bird- nesting season, this will be allowed pursuant to required regulatory permits, and/or in order to protect public safety. Care will be taken so that trash removal activities minimize or avoid impacts to existing native plants.
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E. Access to Channel
1. Channel access may be attained via the access road adjacent to the Pedestrian Bridge at the western end of the channel or through the three gates located along Hastings Drive on the northern side of the channel.
Pedestrian access shall be authorized for all maintenance or authorized personnel. Care shall be taken to avoid impacts to existing vegetation outside the channel-thinning zones.
F. Mulefat Scrub Area
1. Existing Mulefat Scrub areas must be left undisturbed.
7. OPEN SPACE AREA (PASEO) CARE
A. All open space (paseo) areas shall be maintained in a condition free of unwanted plant species, as determined by the Director.
B. Non-woody plants, such as grasses and annual forbs shall be trimmed to a height of twenty-four (24) inches or lower at a frequency of no less than one (1) time per year, as determined by the Director.
C. Woody slope plantings shall be maintained in a manner that minimizes the accumulation of dead wood. This shall be accomplished by means of periodic trimming, pruning, and/or roguing, as determined by the Director.
D. A band of bare soil, twenty-four (24) inches in width shall be maintained per the Frequency of Service Table wherever Open Space (Paseo) areas abut residential parcels.
E. Newly planted and/or established tree and woody shrub plantings shall receive irrigation adequate to maintain soil moisture and plant vigor; in no case shall the interval between irrigations be greater than once per week. This work may require the use of a water tanker. Contractor shall be liable for replacement of any new or establ ishing plan materials lost due to Contractor’s negligence, as determined by Director.
F. Watering basins for newly planted and/or establishing tree and woody shrub plantings shall be continuously maintained and kept free of unwanted plant species until properly established, as determined by the Director.
G. All areas damaged by erosion shall be immediately repaired to the originally intended condition and soil. Contractor shall be liable for the cost of repairing all erosion damage caused by Contractor’s negligence.
H. All areas damaged by rodent burrowings shall be immediately repaired to the originally intended condition and soil.
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I. All catch basins, drain lines, brow ditches, and lower slope swale areas shall at all times be kept clean and clear for proper drainage.
J. Minimum flow channels shall be maintained in a manner that assures unimpeded flow of nuisance water per limits of design intent. This work may require periodic thinning/rouging of existing riparian plants, as determined by Director.
8. WATER QUALITY BASIN BOTTOM & FOREBAY / OUTLET STRUCTURE / SAND
BED MAINTENANCE
A. Basin Bottom Vegetation
1. Water Quality Basin bottom vegetation shall be mowed / trimmed to a height of twelve inches (12”) at least one (1) time annually, or as needed to ensure that the facilities function per design intent, per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this s ection and/or as directed by the Director. Annual mowing / trimming operations shall be initiated no earlier than August 15, and concluded no later than October 1.
2. Machinery / equipment selected to perform mowing / trimming operations shall be operated in a manner that does not: damage or alter basin bottom or basin slope topography, or; damage or render inoperable basin bottom or slope irrigation systems. Any damage to, or alteration of basin bottom or slope topography, or damage of basin bottom or slope irrigat ion systems resulting from Contractor’s (or sub- contractor’s) operations shall be repaired immediately at Contractor’s sole expense.
3. Debris generated by mowing / trimming operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner B. Concrete and/or Earthen Forebays and Outlet Structures
1. Concrete / earthen forebays and outlet structures shall be cleaned of debris and vegetation at least two (2) times annually, or as needed to ensure that they function per design in tent. Scheduled cleanout operations shall be conducted in the spring and fall of the year, no later than May 31 and October 1, respectively per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this section and/or as directed by the Director.
2. Machinery / equipment selected to perform cleanout operations shall be operated in a manner that does not alter or damage channel surfaces. Any damage to, or alteration of, channel surfaces resulting from Contractor’s (or sub-contractor’s) operations shall be repaired immediately at Contractor’s sole expense.
3. Debris generated by channel cleanout operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner.
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C. Sand Bed
1. Inspect semi -annually for standing water, sediment, trash, and debris; remove accumulated trash and debris from the sand bed, as necessary.
2. Scarify (rake ) the top of sand bed to a depth of three (3) inch es semi- annually.
3. When the Director determines that the sand bed does not drain within seventy-two (72) hours, Contractor shall remove the top three (3) inches of sand and replace with new sand to return the sand layer to the original depth.
4. When the Director determines that scarification or removal of the top three (3) inches of sand layer is no longer effective, Contractor shall remove and replace the entire sand filter layer.
5. Debris generated by sand bed maintenance operations, including but not limited to those described above, shall be immediately removed from the sites, and disposed of in a legal manner.
9. WEED CONTROL
A. For the purposes of these Specifications, weeds are defined as any plant species whose presence on a site is detrimental to: the appearance of the site, as determined by the Director, and the normal, healthy growth of the plant materials intended for that site. Any plants which, in the opinion of the Director, constitute a public health or safety hazard shall also be defined as weeds.
B. Weed control shall be addressed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II unless otherwise stated herein and/or as directed by the Director.
C. Site areas subject to weed control per these Specifications include, but are not limited to: turf areas, tree wells, shrub, planter, and ground cover beds; hardscape areas, including, but not limited to curbs, gutters, and sidewalks; and non-landscaped portions of sites, as determined by the Director.
D. Debris generated by manual and/or mechanical weed control operations shall be immediately removed from the site, and disposed of in a legal manner.
E. Chemical Weed Control. See Use of Chemicals.
10. IRRIGATION
A. Irrigation shall be maintained and tested per the Frequency of Service Table, as set forth in Exhibit E , Schedule II , unless otherwise stated herein and/or as directed by the Director.
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B. Water shall be delivered by means of automatic or manually operated sprinkler systems, quick couplers, hose bibbs, or water tank, as specific site and/or weather conditions require.
C. It shall be the Contractor's duty to maintain all City irrigation systems in a manner that ass ures their full working capability at all times. Said maintenance shall include, but not be limited to: visual and operational inspections; cleaning/adjusting sprinkler nozzles; flushing of lines; trimming around sprinklers to assure proper coverage; routine repairs; and other tasks as assigned by City field staff.
D. For the purposes of this section, routine irrigation repairs are defined as repair and/or replacement of existing sprinklers or sprinkler components and/or non- pressurized pipe and/or fittings (“ lateral lines”) that have been rendered inoperable due to: 1) normal operation (“wear and tear”), and; 2) vandalism, theft, and acts or omissions by third parties.
E. All repairs to, and/or replacement of, irrigation system control components (i.e., backflow prevention assemblies, controllers and control wires, manual and remote control valves) and pressurized pipe and fittings (“mainlines”) rendered inoperable due to circumstances other than Contractor’s operations, shall be considered Additional Work, per Exhibit C.
F. The Contractor shall furnish, at no cost to the City, a remote valve actuating device that is compatible with the make, and model installed at the site(s). This device shall be used by Contractor's personnel while conducting operational irrigation system inspections, and/or repairs.
G. Manually operated irrigation systems shall:
1. Be operated only when Contractor's personnel are present on site.
2. Be turned off during periods of rainfall or as directed by City field staff.
3. Be inspected for, and repaired as necessary to ensure proper operation and coverage not less than at each time of operation.
4. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.
H. Automatic irrigation systems shall:
1. Be inspected for and repaired as necessary to ensure properly operation and coverage.
2. Be turned off during periods of rainfall or as directed by City field staff.
3. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.
I. Parts/components used to effect irri gation system repairs shall be of the same manufacturer as those originally installed unless otherwise approved by the Director prior to repair operations.
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11. DEBRIS AND LITTER
A. Debris/litter control shall be provided per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.
B. The Contractor shall remove immediately after pruning, trimming, weeding, edging or other work required under this agreement, all debris generated by his or her performance of the work.
C. Contractor shall remove from both planted areas and adjacent hardscapes/walkways the following items, which include but are not limited to:
bottles, cans, paper/plastic, cardboard, dog litter, tumbleweeds/ windblown plant litter, automobile tires, or metallic items. Sites that are, in the opinion of the Director, exceptionally littered shall be cleared by the Contractor before the close of business the working day following notification of this condition.
D. All hardscape areas that include, but are not limited to sidewalks, curbs, and gutters shall be maintained in a hazard-free condition.
E. The Contractor shall dispose of all debris and litter off-site and in a legal manner.
F. The Contractor shall notify the Director immediately whenever suspicious and/or hazardous waste materials are discovered within service area sites. Such materials may include, but are not limited to: discarded motor oil, or other petroleum-based liquids; paint; chemical compounds, including but not limited to pesticides, both liquid and dry; any unknown liquid or dry material in an unmarked container; household appliances; household electronic devices, including but not limited to, televisions, computers and computer monitors; firearms or ammunition. Any such articles shall not be touched, handled, or in any way disturbed or moved from the location where they were discovered. Contractor’s staff shall secure the area against entry by any third party until City staff arrives at the site.
12. FERTILIZER USE
A. General.
1. Fertilizer shall be used per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.
2. At the discretion and request of the Director, additional applications may be provided at the pricing terms listed in the Additional Work section of Exhibit E, Scheduled II.
3. Any granular fertilizer material deposited on adjacent hardscaping, including but not limited to sidewalks, gutters, pavement, concrete forebays, utility vaults, or the sand bed, shall be collected immediately and redistributed evenly across the targeted area or removed from the site and B.2.a
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disposed of in a legal manner. In no circumstance shall fertilizer material be allowed to enter the site’s storm drain system.
4. Any fertilizers containing iron will be completely removed from concrete sidewalks before irrigation to prevent staining.
5. Written notification to Director must be provided five (5) working days prior to fertilizer application.
6. Contractor shall supply to the Director a list of all proposed fertilizers to be used in the fulfillment of said agreement and per Exhibit E, Schedule II. Any changes to said list shall be reported per Exhibit E, Schedule II.
7. Contractor shall comply with any federal, state, or local reporting requirements.
B. Turf Fertilization
1. A humus base fertilizer shall be applied to turf areas.
2. All turf areas are to be fertilized as per Table I. All fertilizers are to be of indicated analysis or better.
TABLE I – Turf Fertilization
Rates per 1,000 sq. ft.
Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
February 1 22-0-6** 1 4.5 lbs.
June 1 22-5-5* 1.25 5.7 lbs.
October 1 22-5-5* 1.25 5.7 lbs.
*22-5-5/BEST® TURF GOLD or approved equal Controlled-Release fertilizer. These fertilizers to contain micronutrients including iron. See the following section on fertilizers. **22-0-6/SCOTTS® PROTURF® + Pre-emergent Weed Control or approved equivalent.
These fertilizers to contain micronutrients including iron. See the following sections, below, regarding fertilizers.
3. Humus base fertilizers to be applied by drop spreader only.
4. Humus base fertilizers to be composted, screened, and have a minimum nitrogen level of one-half of one percent (0.5%) (Growpower, EZ Green or equal).
C. Shrub and Ground Cover Fertilization
1. All shrubs and ground covers irrigated by overhead spray sprinklers shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.
2. All shrubs and ground covers irrigated by drip irrigation in conjunction with a fertigation system shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as B.2.a
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identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.
TABLE II – Shrub and Ground Cover Fertilization
Rates per 1,000 sq. ft.
Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
April
(Overhead spray
sprinklers)
1 23-5-10 *
1.5 6.5 lbs.
April
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
September
(Overhead spray
sprinklers)
1 23-5-10 *
(Overhead
spray
sprinklers)
1.5 6.5 lbs.
September
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
* 23-5-10/BEST@POLY SUPREME or approved equal
**EZ FLO Fertimaxx Landscape or approved equal
D. Tree Fertilization
1. The intent of tree fertilization is to maintain normal and healthy growth of trees, not to produce excessive, rapid, or unnatural growth. Tree fertilization shall be considered Additional Work, per Exhibit C.
2. All trees shall be fertilized as directed by City field staff. Fertilizer type and rates will be specified on a per job basis.
3. Fertilizer will be placed per manufacturer's recommendations, or as directed by City and/or District field staff.
4. No injecting or drilling into tree trunk will be allowed.
5. Applications shall be made when the first growth flush of the year is at 80% leaf expansion, but not before April 30.
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13. PESTICIDE USE
A. General
1. The City of Moreno Valley and the Moreno Valley Community Services District encourages the use of effective alternative pest control measures.
2. All pesticide applications shall be made by or under the supervision of a person holding a valid license, permit or certificate issued pursuant to Sections 11701 and following, and Sections 14151 and following, of the California Food and Agricultural Code. Said person or Contractor is to be registered to conduct a pest control business in the State of California, and the County of Riverside during the entire term of this agreement.
3. All pesticide applications shall be applied as directed by the Director.
4. All pesticide use recommendations shall be in writing, and shall be made by a person holding a valid State of California pest control adviser license pursuant to Sections 12001, and following of the California Food and Agricultural Code. Said person is to be registered with the office of the Agricultural Commissioner of the County of Riverside during the entire term of this agreement.
5. Before the beginning of the agreement period, Contractor shall supply to the Director a list of all proposed pesticides to be used, along with a use recommendation for each pesticide. No pesticide application shall be made prior to Contractor’s submittal and Director’s approval of said list, and recommendations. Any changes, additions, deletions or substitutions to the recommended pesticides listed shall be submitted in writing to the Director for approval prior to any use of newly recommended material.
6. Disposal of empty pesticide containers, if made in the County of Riverside, shall be in strict compliance with label direction, restrictions and precautions, and all applicable federal, state, county, and local regulations, including but not limited to California Code of Regulations, Sections 6684, 3142, and 3143. The Director may require proof of such compliance in the form of a copy of a Contractor's annual Letter of Compliance, as issued by the County Agricultural Commissioner, and submitted by Contractor to the County Waste Management Department.
7. Snail Control
a. Snails shall be controlled on a regular basis on the following plant species:
i. Agapanthus africanus
ii. Aptenia sp.
iii. Gazania sp.
iv. Hemerocallis sp.
b. Snails shall be controlled on an as needed basis on all other plant material.
8. Vertebrate Pest Control
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a. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).
b. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.
c. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of non- performance penalties, per Exhibit C.
d. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.
B. Reporting Specifications
1. Contractor shall be responsible for the filing of all required records and reports, including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as specified by all county, state and federal agencies. Said reports shall contain accurate and valid information. The Dir ector may require copies of all such records and reports be made available for inspection by City staff after giving twenty-four (24) hour notice to Contractor.
2. A written notice shall be provided to the Director five (5) working days prior to any pesticide application. Notice shall include name of chemical, area, rate and method of application, and time of day.
C. Ground Covers, Shrubs, and Trees Pesticide Usage Criteria
1. Weed Control
a. All shrub bed areas shall be treated with an appropriate pre- emergent herbicide at the maximum allowable rate according to the label, and state regulations. This treatment shall be performed per the Frequency of Services Table, Exhibit E, Schedule II.
2. Appropriate chemical control must be used on the following weeds. a. Bermuda Grass
b. Kikuyu Grass
c. Nutsedge
d. Field Bindweed
e. Spurge
f. Any other species deemed necessary by the Director
D. Insect and Disease Control
1. The Director may require certain tree species, which are subjected to excessively dusty conditions, be rinsed off with water, as directed by City field staff. Rinsing B.2.a
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operations that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
2. The Director may require all Platanus species be sprayed annually with two applications of a copper based dormant spray should an infestation be detected.
Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
3. The Director may require all Pyrus and Pyracantha species found to be infected with fireblight be treated with annual applications of a copper based dormant spray. Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
4. The Director may require all Juniperus , Pinus, Cupressus and Pyracantha species found to be infested with mites be treated with an appropriate acaricide.
Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
5. All other insect, disease, and fungus problems will be treated on a site- and need- specific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems shall be considered Additional Work, per Exhibit C.
E. Vertebrate Pest Control
1. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).
2. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.
3. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of non- performance penalties, per Exhibit C.
4. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.
F. Turf Pesticide Usage Criteria
1. Weed Control
a. When the Director determines that the turf weed population at any site(s) exceeds acceptable levels, an appropriate herbicide shall be applied in accordance with all label specifications. Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All turf areas that the Director has determined to be prone to annual weed grass intrusion shall require annual applications of pre-emergent herbicides labeled for such use. Any preventative treatment that requires the use of B.2.a
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powered delivery systems may be considered Additional Work, per Exhibit C.
c. Failure to apply turf weed control materials within the time frames established by the Director may result in the assessment of non- performance penalties, per Exhibit C.
2. Insect and Disease Control
a. All turf areas that the Director has determined to have a history of fungus infection shall be treated annually with an appropriate fungicide, as directed.
Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All other insect, disease, and fungus problems will be treated on a site and need-specific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems may be considered Additional Work, per Exhibit C.
c. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever, and whenever found on the site(s). Control methods shall be as approved by the Director and shall include, but are not limited to, chemical, and mechanical methods. Failure to treat site(s) for vertebrate pests, within forty-eight (48) hours of being noticed by the Director, may result in the assessment of non-performance penalties, per Exhibit C.
14. SCHEDULING OF WORK
A. The Contractor will adhere to the facilities, equipment and monthly and annual work schedules submitted as a part of the Contractor’s bid, and incorporated herein by this reference. These schedules, and any approved revisions thereto, will be used by the City as a basis for determining Contractor’s satisfactory performance.
B. Revisions to facilities, equipment, and work schedules will not be implemented without the prior written approval of the Director. The Contractor will submit proposed revisions to equipment and work schedules in writing to the City at the address as set forth in the Agreement at least ten (10) working days prior to commencing work per the proposed revisions.
C. Failure to submit proposed revisions to equipment, staffing, or work schedules by the time limits established hereinabove may result in the Contractor becoming liable to the City for non-performance penalties per Exhibit C.
D. The above provisions shall not be construed to eliminate the Contractor's responsibility for complying with the requirement to notify the Director for additional maintenance as set forth hereinafter.
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E. The Contractor shall notify the Director in writing at least five (5) working days prior to the date and time of all "Specialty" type maintenance operations. Specialty type maintenance operations includes, but is not limited to:
1. Fertilization;
2. Turf Aeration;
3. Application of pesticides by any method;
4. Other operations so designated by the Director.
Notification of "Specialty" maintenance operations shall include a brief description of intended method(s) of execution, materials to be used, and the dates for commencement and completion of said operations.
F. When inclement weather renders performance per the approved schedule unsafe, impractical, or liable to damage landscaping, the Contractor i s required to submit an adjusted work schedule to the Director for approval, which will allow the Contractor to complete the areas affected and resume work in all areas in accordance with the approved service schedule. Failure to advise the City may be cause for assessment of non-performance penalties.
G. For the purposes of this contract , “Working Days” are Mondays through Fridays, excluding holidays as provided herein. The hours of on-site maintenance service will be from 7:00 a.m. to 4: 00 p.m. Work may not be performed outside of the days and hours set forth hereinabove, as well as on legal City holidays, without the prior written approval of the Director.
The following days have been designated as City holidays:
If a holiday falls on a Sunday, the following Monday shall be the day the holiday is observed. If a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed. If a scheduled maintenance service day falls on a designated holiday, the Contractor shall submit a proposed make- up day for the Director’s approval.
New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Eve December 24
Christmas Day December 25
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15. FUNCTIONS AND RESPONSIBILITIES
A. For award of the agreement to a Contractor who has not performed landscape and irrigation maintenance services for the site(s) as identified within this a greement for the prior year’s contacting term, the Director and Contractor shall conduct an inspection of all sites covered under this a greement as soon as practicable after its execution, and prior to commencement of Contractor's operations. Following said inspection, the Contractor shall submit to the Director a written affidavit certifying the actual condition of the site(s) relative to the City Specifications, including but not limited to the nature and extent of any deficiencies noted by the Contractor, and acknowledged by the Director. The Contractor is hereby advised that this affidavit shall serve as the benchmark for the Director's evaluation of Contractor's performance under this agreement.
B. The Contractor shall on an ongoing basis maintain and submit complete reports that record all work performed by the Contractor (See Reporting Forms) and at the intervals specified therein. Such reports shall contain, but shall not be limited to Weekly Irrigation reports, Monthly Greenwaste reports, Monthly Landscape Services reports, pesticide reports, and complaints.
C. The monthly payment for the work so reported will not be authorized until such reports are received, and approved by the Director.
D. The Director may require the Contractor to attend meetings with the City field staff at some fixed interval to review the Contractor's operations, and schedule future work.
E. The Contractor shall maintain an office at some fixed place, and be listed in the telephone directory in Contractor's own name or in the Contractor's company’s name.
F. Contractor shall at all times employ some responsible person(s) to receive phone calls and take the necessary action regarding all inquiries, complaints, and/or emergency calls received from the Director or other authorized individuals or agencies as listed below. This person(s) shall be reachable twenty -four (24) hours per day, seven (7) days a week. Contractor will notify the Director at [email protected] within three (3) calendar days of any change of the name or contact information of the responsible person(s).
G. During normal working hours, the Contractor's Supervisor or designated employee responsible for providing maintenance services to the City shall be directly available for immediate notification through some type of reliable electronic means, including but not limited to, mobile or cellular phone.
H. The Contractor or Contractor's designated employee shall confirm said notification within one (1) hour of receipt. An answering service is an acceptable substitute for coverage only during periods outside of normal working hours, provided Contractor is advised of emergency calls within one (1) hour of receipt of the call by the answering service and within twenty-four (24) hours after receipt of non- emergency calls by the B.2.a
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answering service. The above provision for Contractor's communication with the City is the minimum acceptable standard under this agreement.
I. The Contractor shall respond to an emergency call from any of the parties listed herein this section no later than two (2) hours following first notification. In situations involving emergency repair work after normal working hours, the Contractor shall dispatch qualified personnel, and equipment to reach the site within two (2) hours of first notification. An emergency may be called by the following individuals or agencies at any time:
Assistant City Manager Parks Maintenance Supervisor
City Manager Police Department
Facilities Maintenance staff Public Works Director
Fire Department Public Works Division Manager
Landscape Services Inspector Special Districts Division Manager Landscape Services Supervisor Stand-By Staff
Parks and Community Services Director Street Maintenance Supervisor Parks and Community Services Deputy Director Fleet & Facilities Maintenance Supervisor
J. Contractor's emergency response and any necessary corrective work is considered Additional Work as defined in Exhibit C, unless said emergency is determined to have been caused by an act or omission attributable to the Contractor.
16. COMPLAINTS
A. All complaints shall be responded to as soon as possible after notification, but in all cases within twenty-four (24) hours, to the satisfaction of the Director. If any complaint is not satisfactorily responded to within twenty -four (24) hours, the Director shall be notified immediately of the reason for not remedying the complaint followed by a written report to the Director within five (5) working days. If the complaints are not remedied within the time specified, and to the satisfaction of the Director, the Director may correct the specific complaint by using an alternative source. The total cost incurred by the District to effect necessary remedies will be deducted from the payments owing to the Contractor from the City, per Exhibit C.
B. The Contractor shall maintain a written record of all complaints, the date and time thereof, and the action taken pursuant thereto, or the reason for non- action. Said record shall be submitted to the Director monthly , as part of the Monthly Landscape Services Report.
C. In addition to the provisions included herein, in the event of a failure by the Contractor to satisfactorily remedy a complaint in a timely manner or for any other breach of this contract by Contractor, the City may immediately , upon written notice to the Contractor, terminate this contract.
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17. CONTRACTOR'S STAFF
A. The Contractor shall provide sufficient personnel to perform all work in accordance with the Specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised at the work site(s) by a qualified Supervisor in the employ of the Contractor. Work Site Supervisors must be able to demonstrate to the satisfaction of the Director that they possess adequate technical background, and communication skills to perform the intended services. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work, which will be acceptable to the Director. Any order or communication given to the Work Site Supervisor shall be deemed to have been delivered to the Contractor.
B. The Contractor and his employees and subcontractors, if any, shall conduct themselves in a proper, professional, and efficient manner at all times, and shall cause the least possible inconvenience to the public.
C. The Director may require the Contractor to remove any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City.
D. The Contractor shall require each employee performing work under the agreement to adhere to basic public works standards of working attire, including but not limited to wearing of proper clothing, proper shoes, and other gear required by applicable Safety Regulations and/or fertilizer/pesticide label requirements.
E. Shirts shall be worn at all times, and shall be buttoned. Approved safety vests shall be worn by Contractor's employees when working on parkway medians, monuments, parkways, and other high traffic-hazard areas as determined by the Director.
F. The Contractor shall establish an identification system for Contractor's personnel which clearly indicates the name of the Contractor to the public . The identification system shall be furnished at the C ontractor's expense and may include appropriate attire, and/or name badges as specified by the Director.
18. EMPLOYMENT OF APPRENTICES
A. The provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code regarding the employment of properly regis tered apprentices may apply to this agreement if the Contractor, or any subcontractors thereunder, employs workers in any apprenticeable craft or trade. It is the Contractor’s sole responsibility to comply with the Labor Code sections cited above. Informat ion relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the California Department of Industrial Relations.
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19. SAFETY
A. The Contractor agrees to perform all work as outlined in the provisions listed herein in such a manner as to meet all accepted standards for safe practices and to safely maintain equipment, machines, and materials, and prescribe and employ all precautions and safety procedures related to other hazards consequential to the work; and accepts additional ly the sole responsibility for complying with all local, State, Federal and other legal requirements including but not limited to, full compliance with the terms of any and all applicable OSHA and Cal/OSHA Safety Orders at all times so as to protect all persons, including Contractor's employees and subcontractors, agents of the City, District, materialmen, vendors , members of the public and others from foreseeable injury, or damage to their property.
B. The Contractor's operations shall be conducted in such a manner as to cause the least possible obstruction, and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as may be deemed necessary by the Director, or any duly constituted public safety official.
C. Contractor’s work area traffic control, including but not limited to, type and placement of signs, barricades, and delineators, shall be in accordance with the “Manual of Uniform Traffic Control Devices, 2014 (or most current revised version) California Supplement” Part 6 Temporary Traffic Control.
D. Contractor’s work should not encroach into open lanes of traffic between the hours of 7:00 a.m. and 8:30 a.m., or between the hours of 3:30 p.m. and 6:00 p.m.
E. The Contractor shall maintain all work sites free of hazards to persons or property resulting from Contractor's operations. The Contractor shall inspect for all potential hazards at said areas under maintenance, and keep a record indicating date inspected, and action taken. Said record shall be submitted to the Director monthly as part of the Monthly Landscape Services Report. Any hazardous condition noted by the Contractor, which is not a result of Contractor's operations, shall be immediately reported to the Director.
F. The Contractor shall be responsible for making minor corrections, including but not limited to, filling holes in turf areas, replacing valve box covers, and repairing irrigation systems, so as to protect members of the public or others from injury.
G. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the site, including a complete written report thereof to the Director within five (5) working days following the occurrence.
H. In addition to payment deduction or assessment of non- performance penalties, repeated failure to comply with the provisions of this section may result in termination of the agreement, per the terms of the Independent Contractor Agreement.
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20. USE OF CHEMICALS
A. Before the beginning of the a greement period, the Contractor is required to submit a list, which shall include the exact Brand Name, Label, and Material Safety and Data Sheet (MSDS) of all chemicals proposed for use under this a greement, including but not limited to fertilizers and pesticides, for approval by the Director. Where applicable, materials included on this list shall be chemicals as approved by the State of California Department of Food and Agriculture.
B. Director shall be notified in writing of any changes or deviations from the above list.
Use or application of said materials shall not be made prior to approval by the Director.
C. Chemical applications, including but not limited to fertilizers and pesticides, shall be made in strict compliance with the label directions, restrictions, and precautions as well as with any other requirements deemed necessary by any county, state, or federal regulatory agency, or the Public Works Department of the City of Moreno Valley.
D. Contractor shall report all fertilizers and pesticides used in the performance of the work as an element of Contractor's Monthly Landscape Services report, as set forth herein.
This report shall include the date, time of day, location, type of material, method of application, and environmental data.
E. The Contractor is free to use the most cost -effective pesticide available that has a California approved label and is used in compliance with this label. The City is sensitive to the need to use the least toxic mat erial available that will be effective. In practice that may mean products that carry the CAUTION signal word would be the material of choice.
In the event the City opts to reduce the use of ‘synthetic’ pesticides in favor of alternative, naturally derived materials or methods, the Contractor will end the use of synthetic materials (e.g. glyphosate) and implement a supplemental weed control strategy. This WILL NOT replace the weed control component already in the bidder’s base cost; this will be considered Additional Work, per Exhibit C. – Alternative Bid Item.
21. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT –
REQUIRED URBAN RUNOFF MANAGEMENT TRAINING
A. The Contractor shall provide NPDES Permit training for Urban Runoff Management to Contractor’s employees and subcontractors if any.
B. Failure to provide Urban Runoff Management training is a violation of Order No. R8- 2002-0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section XI.I, for each day of which such failure occurs, and shall in addition, be a breach of the contract with the City of Moreno Valley and/or the City of Moreno Valley Community Services District (“City”).
C. Contractor understands and agrees that NPDES Permit violations are grounds for enforcement action by the Environmental Protection Agency, the State/Regional B.2.a
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Water Resources Control Board, and the City and may result in permit termination (stop work order), civil and criminal fines, and termination of contract.
D. By submitting a p roposal, the Contractor certifies to the City that Contractor’s employees and subcontractors, if any, have been trained for Urban Runoff Management, and sufficient sums are included in the Proposal’s amount to cover costs of such said training.
22. RESTRICTED PESTICIDE MATERIALS PERMIT AND USE CONSENT A. The City shall maintain in full force and effect throughout the entire term of the agreement a valid Restricted Materials Permit issued by the Agricultural Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall c omply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor's operations under this agreement.
B. Director must give consent in writing prior to application of any Category I pesticide Licenses and Permits
23. LICENSES AND PERMITS
A. The Contractor shall, without additional expense to the City, possess all federal, state, and local licenses and permits, including but not limited to a valid City Business License, required for the performance of the work under this agreement.
24. DEPARTMENT OF INDUSTRIAL REGULATIONS
A. California law provides that "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform work pursuant to Labor Code S ection 1725.5." Please refer to "Contractor Registration" from http://www.dir.ca.gov/Public-Works/PublicWorks.html to register and obtain more information.
B. Contractor and all tiers of its subcontractors must be registered and maintain a current registration during the term of this contract.
C. Pursuant to the above law, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code S ection 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. Additionally, no contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
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D. This project is also subject to compliance monitoring and enforcement by the Department of Industrial Relations . The City of Moreno Valley will not accept a proposal nor will it contract or subcontract without proof of the contractor or subcontractor’s current registration to perform public works pursuant to Section 1725.5.
E. Contractor acknowledges and agrees to fully comply with the provisions of Section 1771, 1774 - 1776, 1777.5, 1813, 1815 and 1860 of the Labor Code.
25. PAYROLL RECORDS
A. The Contractor, and any subcontractor thereunder, shall keep complete and accurate payroll recor ds for each workman employed by Contractor/ subcontractor in connection with this agreement, as required by California Labor Code Section 1776.
B. The Contractor, and any subcontractor thereunder, shall make available to the City upon its request certified payroll records for each workman employed in connection with this agreement as required by California Labor Code Section 1776.
C. The City may withhold from Contractor’s progress payments the penal sum of twenty- five dollars ($25.00) per calendar day (or portion thereof) for each worker employed in connection with this agreement should Contractor, or any subcontractors thereunder, fail to strictly comply with California Labor Code 1776 after receiving written notice of non-compliance.
26. PREVAILING WAGE AND WORKERS’ COMPENSATION
A. Pursuant to provision of Section 1773 of the Labor Code of the State of California, the City of Moreno Valley has obtained the general prevailing rate of per diem wages applicable for the work to be done, including but not limited to: straight time, overtime and holiday work; travel and subsistence payments; employee payments of health and welfare, vacation, pension, and similar purposes. Said rate and scale are on file with the Public Works Department of the City of Moreno Valley, and copies will be made available to any interested party on request. These rates shall be the minimum wage rates for this project. Throughout the term of this a greement, the Contractor will be required to post a copy of said rate, and scale as required by the Labor Code.
B. Pursuant to provisions of Section 1775 of the Labor Code, the Contractor shall forfeit as penalty to the City of Moreno Valley, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinabove stipulated for any work done under the attached a greement, by the Contractor or by any subcontractor under Contract or’s direction and control, in violation of the provisions of said Labor Code.
C. In accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees.
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27. BONDS
A. Pursuant to Section 3247 of the Civil Code, if awarded the contract, the successful Contractor hereby agrees to provide and maintain in full force and effect for the duration of this agreement, two (2) good, and sufficient surety bonds, to wit:
1. a "Faithful Performance Bond" in the amount of one hundred percent (100%) of the annual purchase order amount, which shall guarantee the faithful performance of all work, and;
2. a "Materials and Labor Bond" in the amount of one hundred percent (100%) of the annual purchase order amount, which shall secure the payment of the claims of labor, mechanics or materialmen for all work performed hereunder.
The Contractor shall furnish a satisfactory Faithful Performance Bond meeting all statutory requirements of the State of California on the form provided by the City.
The bond may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranti es, guarantees, and indemnity obligations in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount.
The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.
The Agreement shall be signed by the successful Bidder and returned together with the required bonds and insurance certificate(s), within ten (10) Working Days after the date the Agreement is awarded by the City.
All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a California-admitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the annual purchase order amount. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public. Every bo nd must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the B.2.a
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Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.
Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non- responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after recei ving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.
28. SUBSTITUTION OF SECURITIES
A. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Moreno Valley to ensure performance under the agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Moreno Valley, or with a state or feder ally chartered bank as the escrow agent, who shall pay such monies to the Contractor.
B. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld, and shall receive any dividends or interest thereon.
C. The Contractor shall give the City written notice within thirty (30) days after the agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow agreement in a form which is substantially similar to the agreement set forth in Section 22300 of the Public Contract Code.
29. CONTRACTOR'S LIABILITY
A. The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence attributable to the Contractor in connection with the performance under this agreement. Any and all restitution or repairs deemed necessary by the Director to remedy such damages shall be furnished and performed at the Contractor's sole expense, and shall be completed within the time limits established by the Director.
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30. CONTRACTORS LICENSE
A. Contractors are required by law to be licensed, and regulated by the Contractors' State License Board. Contractor will comply with all applicable licensing laws, and regulations. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 9821 Business Park Drive, Sacramento, CA 95827.
Mailing address: P.O. Box 26000, Sacramento, CA 95826.
31. CLAIM RESOLUTION PROCEDURES
Section 9204 of the Public Contract Code sets forth the following requirements for claims submitted by a contractor on a public works project:
A. A contractor must furnish "reasonable documentation to support the claim." B. Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim.
C. For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.
D. If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contr actor may demand "an informal conference to meet and confer for settlement of the issues in dispute."
E. The public entity must schedule the meet and confer conference within 30 days of the demand.
F. Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute. Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference.
G. After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation."
H. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).
I. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety." J. Amounts not paid in a timely manner shall bear interest at 7 percent per year.
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32. PROJECT LOCATION MAPS
These locations may include parkways, medians, traffic circles, open space, and/or landscaping adjacent to freeway on/offramps. Areas may be added, removed, or modi fied at the City’s discretion. The frequency of services for each of the landscape areas may be adjusted throughout the term of the contract.
Project Location Estimated Area Current Service Level 1 Zone D 633,392 sq. ft. Level 1
Zone D 729,116 sq. ft. Level 3
Total 1,362,508 sq. ft.
1 See Frequency of Services Table, Exhibit E, Schedule II, for additional information
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Moreno Valley Landscape Maintenance Districts
Valley
Zone D
Service Level 1
Tract ID Tract Number Area (Sq. Ft.) Tract ID Tract Number Area (Sq. Ft.) 1 TR 12305 1,535 26 TR 20404 30,254
2 TR 12773 12,404 27 TR 20718 20,985
3 TR 12902 5,116 28 TR 20869 2,215
4 TR 12268/14387 7,155 29 TR 21345 5,396 5 TR 16769 9,303 30 TR 21597 28,217
6 TR 18283 15,124 31 TR 21616 18,878
7 TR 18512/21322 47,740 32 TR 21806 4,279 8 TR 18784/20906 19,841 33 TR 22093 6,411 9 TR 19032 4,171 34 TR 22371 12,667
10 TR 19141 5,267 35 TR 22889 18,130
11 TR 19142 3,196 36 TR 22999 3,579
12 TR 19210 5,157 37 TR 30967 15,092
13 TR 19233 4,859 38 TR 31129 10,937
14 TR 19474 7,254 39 TR 31257 24,580
15 TR 19496 4,246 40 TR 31268 6,148
16 TR 19509 11,561 41 TR 31269 7,754
17 TR 19529 2,672 42 TR 31269-1 43,103 18 TR 19533 3,988 43 TR 31284 25,889
19 TR 19541 3,962 44 TR 31424 7,835
20 TR 19675 2,418 45 TR 31591 13,633
21 TR 19852 24,397 46 TR 32625 15,297
22 TR 19912 12,081 47 TR 32715 29,541
23 TR 19937 15,764 82 TR 20715 38,390 24 TR 20120 2,784
25 TR 20197 12,187
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EXHIBIT A – SCOPE OF WORK – Page 35 of 40
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EXHIBIT A – SCOPE OF WORK – Page 36 of 40
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EXHIBIT A – SCOPE OF WORK – Page 37 of 40
33. REPORTING FORMS
A. Weekly Irrigation reports, at a minimum, shall document the irrigation inspections (to include testing and repairs) performed by the Contractor and shall include details specific to the dates, the specific locations, and corrective action taken, if any. Weekly Irrigation reports shall be submitted to the Director at [email protected] by the second workday of the week, one (1) week in arrears.
B. Greenwaste Recycling
1. The Public Resources Code (PRC), Division 30, Sections 41000 through 41780 requires that the City of Moreno Valley divert from landfills fifty percent (50%) of the solid waste, including greenwaste, generated within its jurisdiction.
2. For the purposes of this a greement, materials defined as “greenwas te” shall include all plant parts (i.e. trimmings, prunings, grass clippings, etc.) removed from agreement sites by the Contractor, or any subcontractors thereunder, in the performance of agreement’s Scope of Work.
3. Contractor, or any subcontractor thereund er, shall deposit all greenwaste generated while performing the a greement’s Scope of Work at a landscape material recycling center, or reuse said greenwaste in a lawful manner.
Contractor, or any subcontractor thereunder, shall be solely responsible for all costs incurred in complying with this requirement.
4. The Contractor shall submit a Monthly Greenwaste Report as set forth herein.
The Contractor shall provide respons es to all information requested therein and shall include, on a separate Monthly Greenwaste Report form, any greenwaste generated through the operations of any subcontractors performing work under Contractor’s Scope of Work.
5. Monthly Greenwaste reports shal l be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.
C. A Monthly Landscape Services r eport, at a minimum, shall document the work performed by the Contractor and shall contain detailed information as is described in the form attached hereto and any other relevant information about the Contractor’s work to identified hazards, chemical use, and customer complaints. Said report shall be in a format accepta ble to the Director. Monthly Landscape Services r eports shall be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.
D. Pesticide Use r eports shall be com pleted and submitted in accordance with federal, state, and local law and consistent with the provisions herein.
E. Contractor shall refer to sections included herein and ensure additional reports, if necessary, are submitted to the Director , as appropriate and consistent with this agreement, and other agencies, as required by law, to ensure compliance with all federal, state, and local laws.
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE
EXHIBIT A – SCOPE OF WORK – Page 38 of 40
Weekly Irrigation Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 2nd workday of week, 1 week in arrears
PROJECT NO.___________________ MONTH OF _____, 20______
Location
• Controller Number
• Tract Number
• Zone or Area
Date(s)
Checked
Problem(s)
Identified
Corrective Actions
• Date corrected
• Corrective action
details
Hazards
• Date(s) noted
• Area
• Hazard type
• Date City notified
• Date corrected
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5
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EXHIBIT A – SCOPE OF WORK – Page 39 of 40
Monthly Greenwaste Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears
PROJECT NO. 20 _-__
Contractor Name:
Address:
Phone Number:
Month Year
1. Source of greenwaste
Location
2. Amount of greenwaste generated from above
source (by weight)
Lbs.
or
tons
3. Name, address, and phone number of recycle
Contractor accepting greenwaste
Contractor Name
Address
Phone Number
4. Amount of greenwaste-source products (mulch,
compost, top dressing, and soil amendments,
etc.) furnished to Project
(by weight)
Lbs.
or
tons
5. Name, address, and phone number of recycle
Contractor supplying greenwaste-source
products to Project (if different from above)
Contractor Name
Address
Phone Number
6. Number of times turf mowed this month
7. Number of times turf mowed without clippings
caught
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE
Exhibit A
Monthly Landscape Services Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears
PROJECT NO. ________ MONTH OF _____, 20___
Location
• Controller
Number
• Tract Number
• Zone or Area
Maintenance
• Date(s)
• Area
Service Type
• Mow/edge
• Trim/prune-weed
• Litter-irrigation
• Etc.
Fertilizer
• Date(s)
• Area
• Product/
analysis
• Amount/
area
• Crop
Pesticides
• Date(s)
• Product used
• Amount used
• Area
• Target pest
Complaints
• Date(s) received
• Area/location
• Complaint/action
• Date corrected
• Corrective action
Hazards
• Date(s) noted
• Area
• Hazard type
• MVCSD notified
• Date City notified
• Date corrected
• Corrective action
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT Exhibit B – City Responsibilities
EXHIBIT B - CITY RESPONSIBILITIES
LANDSCAPE MAINTENANCE SERVICES
1. AGREEMENT SUPERVISION
The Agreement shall be administered on behalf of the Public Works Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter designated as "Director."
The Director will decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Contract by the Contractor, interpretation of the Specifications, and compensation to include completion of work by alternate sources.
2. IRRIGATION CONTROLLER SYSTEMS
The City shall manage the operation of all automatically controlled irrigation systems, including but not limited to irrigation controller programming and scheduling. The Contractor shall monitor the operation of, and maintain said irrigation systems as required by the Director. The Contractor shall operate manually controlled irrigat ion systems as directed by City field staff.
3. UTILITIES
It shall be the City's duty to provide the utilities necessary for irrigation (i.e., water, electricity and communications) and to maintain their appurtenances (i.e., water and electrical meters and backflow devices). The City will pay the water, electricity, and communications costs used in the sites covered by this Agreement. The Contractor shall report any interruption of these services for whatever reason immediately upon Contractor’s observation of same to the Director.
4. RESTRICTED PESTICIDE MATERIALS/PERMIT/USE CONSENT
A. The City shall maintain in full force and effect throughout the entire term of t he Contract a valid Restricted M aterials Permit issued by the Agricultural Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall comply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor’s operations under this Contract.
B. Director must give consent in writing prior to application of any Category I pesticide.
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Exhibit C – Payment Terms
EXHIBIT C - PAYMENT TERMS
LANDSCAPE MAINTENANCE SERVICES
1. CONTRACTORS COMPENSATION
A. The Contractor's compensation shall not exceed $3,636,800.00.
B. Compensation shall be based on the Bid/Compensation Schedule.
C. Written notice of the compensation amount for the next fiscal year shall be provided to the Contractor at least thirty (30) days prior to the end of each fiscal year.
D. Any request for increase in the Contractor’s compensation shall be based on an annual inflation adjustment, calculated for the previous calendar year, based on the Riverside- San Bernardino- Ontario Regional Consumer Price Index for All Urban Consumers, as published by the Department of Labor’s Bureau of Labor Statistics. Any such request shall be made to the City in writing no later than May 1 of each year. Upon approval, the adjustment would be effective July 1 of the following fiscal year.
E. 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 F. The Contractor will electronically submit an invoice to be paid monthly per site based upon successful performance of the maintenance services provided in accordance with an approved service schedule for each area/site and in compliance with the terms and provisions of this Agreement. By the tenth of each month the Contractor shall submit to the Director detailed reports of the following:
a. Maintenance performed, which must include the location, area or site of such maintenance.
b. Greenwaste
c. Complaints received.
d. Hazards noted.
e. Chemicals used in the prior month.
f. Invoice for service, which lists in detail the site (e.g. Median ID, Tract ID/Number), service performed and cost in accordance with the Agreement price, which shall become the basis for payment.
No payment(s) shall be made until the reports, listed herein, have been submitted and approved. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due shall be final.
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Attachment: Agreement - Greentech Landscape, Inc. (5776 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE
Exhibit C – Payment Terms