Moreno Valley City Council
June 21, 2022

approving the most recent increase to the Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee.

In accordance with the MSHCP Mitigation Fee Implementation Manual dated February 2022; the 2020 Nexus Study; the 2021 Local Development Mitigation Fee Ordinance; and Resolution No. 2021-16 that was adopted by the City Council on February 16, 2021; the fees shall be automatically adjusted annually based on the percentage change over the previous calendar year set forth in the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area, and that member agencies shall adopt a resolution implementing the fee adjustment no later than sixty (60) days after receiving notice from RCA.

On May 12, 2022, The City of Moreno Valley received a Notice to Implement the MSHCP Local Development Mitigation Fee CPI Adjustment For Fiscal Year 2023 from the Western Riverside Regional Conservation Authority. The MSHCP Local Development Mitigation Fee adjusts annually by the change in the Consumer Price Index (CPI). Based on the CPI increase for Riverside – San Bernardino – Ontario, CA, MSHCP fees will increase 8.592% effective July 1, 2022, as shown in the table below.

The table below identifies the current fee along with the scheduled rate adjustment.

MSHCP Local Development Mitigation Fee Schedule
Fee Category Current Fee Fee Effective
July 1, 2022
Residential density less than 8.0 dwelling units
per acre (fee per dwelling unit) $3,635 $3,947
Residential density between 8.0 and 14.0
dwelling units per acre (fee per dwelling unit) $1,515 $1,645 Residential density greater than 14.0 dwelling
units per acre (fee per dwelling unit) $670 $728
Non-Residential/Commercial, and Industrial (fee
per acre) $16,358 $17,764
The proposed Resolution requires action by the City Council to implement the scheduled rate adjustment. The proposed adjustment would become effective on July 1, 2022.

ENVIRONMENTAL
As provided for in Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines, the proposed fee adjustment is an activity that is exempt from the California Environmental Quality Act (CEQA) as the action taken will not have a significant impact on the environment.

ALTERNATIVES

1. Approve the proposed Resolution and implement the modifications to the MSHCP fees. Staff recommends this alternative as it is consistent with the A.23
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City’s approved agreements pertaining to the MSHCP.

2. Do not approve the proposed Resolution. Staff does not recommend this alternative as it would be inconsistent with agreements pertaining to the MSHCP and would create a potential financial liability for the City.

FISCAL IMPACT
The MSHCP Local Development Mitigation Fees are pass-through fees to the RCA for the purpose of habitat conservation. The proposed automatic fee adjustments will ensure the fee amounts are consistent with the provisions for escalation as set forth in the proposed Ordinance. This action would ensure there is no direct fiscal impact on the City. If the City does not approve the proposed Ordinance and Resolution, the City could become liable for any subsequent under collected fees.

NOTIFICATION
Not applicable.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Sean P. Kelleher Manuel A. Mancha
Planning Official Community Development Director

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.

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
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Objective 5.5: Promote a healthy community and lifestyle.

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

1. RCA Letter dated May 12, 2022

2. Resolution No. 2022-XX - MSHCP Fee Adjustment

APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 10:56 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/07/22 11:15 AM
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May 12, 2022
Mr. Mike Lee, City Manager
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552
RE: NOTICE TO IMPLEMENT THE MSHCP LOCAL DEVELOPMENT MITIGATION FEE CPI ADJUSTMENT FOR FISCAL YEAR 2023
Dear Mr. Lee:

In accordance with the MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local Development Mitigation Fee (LDMF) adjusts annually by the change in the Consumer Price Index (CPI). Fee ordinances and resolutions adopted by the County of Riverside and cities pursuant to the MSHCP Implementing Agreement reflect this requirement. Based on the CPI increase for Riverside – San Bernardino – Ontario, CA, MSHCP fees will increase 8.592% effective July 1, 2022.

Member Agencies are required to implement the automatic CPI adjustment, effective July 1, 2022, and begin collecting fees at the Fiscal Year 2023 rates, as outlined in the attached.

Outreach efforts to ensure local development mitigation fees are properly assessed include but are not limited to the following:
• Updated fee forms are provided electronically to the Finance/Community Development/Planning Departments and posted to the RCA website at https://www.wrc-rca.org/document-library/ • Notification of the fee adjustment is posted the RCA website http://www.wrcrca.org/development-applications/permits-and-fees/ for public awareness.

A.23.a
Packet Pg. 736 Attachment: RCA Letter dated May 12, 2022 (5856 : MSHCP LDMF 2023 FY Update) MSHCP Mitigation Fee CPI Adjustment
May 12, 2022

If you have any questions or need additional information, please feel free to contact Jennifer Fuller, Financial Administration Manager, at (951) 787-7141.

Sincerely,
Anne Mayer
Executive Director
Attachments
cc: David Marquez, RCA Board Member
Manuel Mancha, Community Development Director
Brian Mohan, Chief Financial Officer
Sean Kelleher, Planning Division Manager
Julia Descoteaux, Senior Planner
A.23.a
Packet Pg. 737 Attachment: RCA Letter dated May 12, 2022 (5856 : MSHCP LDMF 2023 FY Update)

WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN

LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE FOR
FISCAL YEAR 2023
(Effective July 1, 2022 – June 30, 2023)
Fee Category Fee

Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
$3,947
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,645
Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$728
Commercial (fee per acre) $17,764
Industrial (fee per acre) $17,764
A.23.a
Packet Pg. 738 Attachment: RCA Letter dated May 12, 2022 (5856 : MSHCP LDMF 2023 FY Update) 1 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY IMPLEMENTING THE AUTOMATIC INCREASE TO THE

MULTIPLE SPECIES HABITAT CONSERVATION PLAN LOCAL

DEVELOPMENT MITIGATION FEE
WHEREAS, the City of Moreno Valley ("City") is a member agency of the Western Riverside County Regional Conservation Authority ("RCA"), a joint powers agency comprised of the County of Riverside and the 18 cities located in western Riverside County; and
WHEREAS, the member agencies of RCA recognized that a habitat conservation plan is necessary to provide special protections for vegetation communities and natural areas containing habitat values to prevent future endangerment of the plant and animal species impacted by new development in western Riverside County; and
WHEREAS, in order to address these issues, the member agencies formulated a plan called the Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP") whereby a mitigation fee would be assessed on new development and would be used to fund the implementation of the MSHCP; and WHEREAS, based on the 2020 Nexus Study, the City adopted Ordinance No. 979 on March 2, 2021 (the "2021 Local Development Mitigation Fee Ordinance") pursuant to California Government Code sections 66000 et seq. authorizing the County to impose the Local Development Mitigation Fee upon new development; and WHEREAS, Section 4.A. of the 2021 Local Development Mitigation Fee Ordinance authorizes the City to adopt an applicable Local Development Mitigation Fee schedule by resolution; and
WHEREAS, in accordance with the MSHCP Mitigation Fee Implementation Manual dated February 2022; the 2020 Nexus Study; the 2021 Local Development Mitigation Fee Ordinance; and Resolution No. 2021-16 that was adopted by the City Council on February 16, 2021, the fees shall be automatically adjusted annually based on the percentage change over the previous calendar year set forth in the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area, and that member agencies shall adopt a resolution implementing the fee adjustment no later than sixty (60) days after receiving notice from RCA; and WHEREAS, the City received said notice from RCA May 12, 2022; and WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the 2020 Nexus Study; and WHEREAS, the levying of Local Development Mitigation Fee has been reviewed by the City Council and staff in accordance with the California Environmental Quality A.23.b
Packet Pg. 739 Attachment: Resolution No. 2022-XX - MSHCP Fee Adjustment [Revision 1] (5856 : MSHCP LDMF 2023 FY Update) 2 Act ("CEQA") and the State CEQA Guidelines and it has been determined that the adoption of this resolution is exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines.

NOW, THEREFORE, the City Council does resolve as follows:

Section 1. Recitals.

That the forgoing recitals are true and correct and incorporated herein by reference.

Section 2. Findings.

The City Council finds and determines as follows:

A. The preservation of vegetation communities and natural areas within western Riverside County which support species covered by the MSHCP is necessary to protect and promote the health, safety, and welfare of all the residents of the City by reducing the adverse direct, indirect, and cumulative effects of urbanization and development and providing for permanent conservation of habitat for species covered by the MSHCP.

B. It is necessary to establish a mitigation fee to ensure that all new development within the City pays its fair share of the costs of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support plant and wildlife species covered by the MSHCP.

C. A proper funding source to pay the costs associated with mitigating the direct, indirect and cumulative impacts of development to the natural ecosystems within the City and the region, as identified in the MSHCP, is a development impact fee for residential, commercial, and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and or the relative cost of mitigating such impacts.

D. The MSHCP and the 2020 Nexus Study, a copy of which is on file in the City Clerk's office, provides a basis for the imposition of development impact fees on new construction.

E. The use of the development impact fees to mitigate the impacts to the City's and the region's natural ecosystems is reasonably related to the type and extent of impacts caused by development within the City.

F. The costs of funding the proper mitigation of natural ecosystems and biological resources impacted by development within the City and the region are apportioned relative to the type and extent of impacts caused by the development.

G. The facts and evidence provided to the City establish that there is a A.23.b
Packet Pg. 740 Attachment: Resolution No. 2022-XX - MSHCP Fee Adjustment [Revision 1] (5856 : MSHCP LDMF 2023 FY Update) 3 reasonable relationship between the need for preserving the natural ecosystems in the City and the region, as defined in the MSHCP, and the direct, indirect and cumulative impacts to such natural ecosystems and biological resources created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the MSHCP and the 2020 Nexus Study.

H. The cost estimates for mitigating the impact of development on the City's and the region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs.

I. The fee set forth herein does not reflect the entire cost of the lands which need to be acquired in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The City Council finds that the benefit to each development project is greater than the amount of the fee to be paid by the project.

J. The fees collected pursuant to this Resolution shall be used to finance the acquisition and perpetual conservation of the natural ecosystems and certain improvements necessary to implement the goals and objectives of the MSHCP.

Section 2. Local Development Mitigation Fee Automatic Increase.

The updated Local Development Mitigation Fee schedule as set forth below, effective as of July 1, 2022, increased in accordance with the automatic annual fee adjustment as provided by RCA:

MSHCP Local Development Mitigation Fee Schedule
Effective July 1, 2022
Fee Category Fee
Residential density less than 8.0 dwelling units per acre (fee per dwelling unit) $3,947
Residential density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit) $1,645
Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit) $728
Non-Residential/Commercial (fee per acre) $17,764
Industrial (fee per acre) $17,764
Section 3. Periodic Fee Adjustment.

The Local Development Mitigation Fee schedule set forth above may be A.23.b
Packet Pg. 741 Attachment: Resolution No. 2022-XX - MSHCP Fee Adjustment [Revision 1] (5856 : MSHCP LDMF 2023 FY Update) 4 periodically reviewed and the amounts adjusted as set forth in the MSHCP Mitigation Fee Implementation Manual adopted pursuant to the Local Development Mitigation Fee Ordinance.

Section 4. CEQA Findings.

The City Council hereby finds that in accordance with CEQA and the State CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines.

Section 5. Severability.

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

Section 6. Effective Date.

That this Resolution shall take effect immediately upon the date of adoption.

Section 7. Certification.

That the City Clerk shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 21st day of June, 2022.
_______________________________
Dr. Yxstian A. Gutierrez, Mayor
ATTEST:
___________________________
Brian Mohan, Acting City Clerk
APPROVED AS TO FORM:
__________________________
Steven B. Quintanilla, Interim City Attorney
A.23.b
Packet Pg. 742 Attachment: Resolution No. 2022-XX - MSHCP Fee Adjustment [Revision 1] (5856 : MSHCP LDMF 2023 FY Update) Report to City Council
ID#5858 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
Steve Fries, Animal Services Division Manager
AGENDA DATE: June 21, 2022
TITLE: AUTHORIZE AGREEMENT FOR VETERINARY SERVICES

FOR THE MORENO VALLEY ANIMAL SHELTER

RECOMMENDED ACTION
Recommendations:

1. Approve agreement with Moreno Valley Community Vet Care, owned and operated by Dr. Nicholas A. Storey, D.V.M., and Dr. Joey Cowen, D.V.M. for the two-year period ending June 30, 2024.

2. Authorize the City Manager to sign the agreement and any subsequent amendments, subject to the approval of the City Attorney.

SUMMARY
This report recommends approval of a contract with Moreno Valley Community Vet Care (MVCVC) for veterinary services to the Moreno Valley Animal Clinic and the Moreno Valley Animal Shelter. MVCVC was the single veterinary medical provider that responded to the Request for Proposal issued by the City in March 2022. After careful review, evaluation by staff, and ongoing discussions with the owners, Dr. Nicholas Storey, D.V.M. and Dr. Joey Cowen, D.V.M., MVCVC is being recommended as the successful proposal based on value and service offered to the city. Dr. Nicholas A.

Storey has been associated with the prior long-term contractor; Pedley Square Veterinary Clinic, having served as the Lead Veterinarian at the Moreno Valley Animal Clinic since 2017.

DISCUSSION
A Request for Proposal (RFP) for Veterinary Services for the Moreno Valley Animal Shelter and the Moreno Valley Animal Clinic was developed by staff and issued in A.24
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March 2022. The purpose of the RFP was to solicit proposals from private practitioners specializing in veterinary care of companion animals commonly housed at the Moreno Valley Animal Shelter. The goals of this vital and ongoing function are threefold:

1. to provide the necessary medical evaluation and care of lost and homeless animals placed in the care of the Moreno Valley Animal Shelter;

2. to provide spay and neuter services at a fair market cost thereby allowing the city to encourage pet adoptions with promotional adoption fees that include the cost of the spay and neuter surgeries in an ongoing effort to increase pet adoptions and reduce euthanasia; and,

3. to provide a full-service veterinary clinic to serve residents.

In response to the RFP, which was distributed to over 100 vendors locally and throughout Southern California, our current provider, Dr. Nicholas A. Storey, D.V.M., was the only responder having submitted his proposal by the RFP deadline of April 11, 2022. Based on a review by City staff, the proposal submitted by Dr. Storey, owner of Moreno Valley Community Vet Care (Moreno Valley Business License #39915) met all requirements of the RFP and as outlined in the attached Agreement for On-Site And/Or Professional Services. Included criteria required to meet all requirements of the RFP included the following:
• responsiveness to the RFP;
• experience of the contractor (veterinarians and support staff); • ability to accomplish the Scope of Services;
• fees; and,
• added value offered.

Following a review of the proposal, it was determined that Moreno Valley Community Vet Care has the necessary medical professionals along with a proven track record to meet the goals of the City’s ongoing strategy of reducing euthanasia and promoting the positive outcomes of healthy and adoptable companion animals.

Additional background information on Moreno Valley Community Vet Care, follows:

Moreno Valley Community Vet Care is owned and operated by Dr. Nicholas A.

Storey, D.V.M., and Dr. Joey Cowan, D.V.M. Dr. Storey has served the city over the past 5 years as the Lead Veterinarian with our previous veterinary services provider and is our current interim provider performing the spay-neuter services for adopted pets as well as providing all necessary medical care for pets at the Moreno Valley Animal Shelter.

Dr. Nicholas A. Storey, D.V.M., has been a practicing veterinarian for the past 5 years, primarily in the practice of shelter medicine and surgery. Dr. Storey graduated from Ross University School of Veterinary Medicine and finished his clinical year at the University of Wisconsin in 2017. Dr. Storey is a member of the American Veterinary A.24
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Medical Association (AVMA), the California Veterinary Medical Association (CVMA), and has a professional interest performing surgeries; Dr. Storey is looking forward in providing quality medical care for Moreno Valley’s pets.

Dr. Joey Cowan, D.V.M., has been a practicing veterinarian for the past 2 years, primarily in the treatment of companion animals as well as performing spay and neuter surgeries. Dr. Cowan attended Western University of Veterinary Medicine completed her training in veterinary medicine in 2020. Dr. Cowan is also a member of both the AVMA and the CVMA.

Joining the MVCVC team with Dr. Storey and Dr. Cowan will be their Lead Registered Veterinary Technician (RVT), Danielle Gabriel. Danielle has 5 years of experience as a licensed RVT providing a high level of medical care and attention to companion animals. Danielle is very familiar with the Moreno Valley Animal Clinic serving as an RVT in our veterinary clinic for the past 4 years.

ALTERNATIVES
1) Approve the agreement for Veterinary Services for the Moreno Valley Animal Shelter and the Moreno Valley Animal Clinic between the City and Moreno Valley Community Vet Care. Staff recommends approval of this agreement to ensure efficient and effective services are continuing to be delivered by the Animal Services Division to the residents of Moreno Valley.
2) Do not approve staff to enter into an agreement and provide staff with further direction. By not approving this agreement, the Animal Services Division’s normal operations will be negatively impacted in terms of promoting positive outcomes for pets, meeting state mandates related to spay and neuter requirements, and the inability to provide necessary and prompt medical care for lost and homeless pets placed into the care of the Moreno Valley Animal Shelter.

FISCAL IMPACT
For Fiscal year 2022-23 the agreement for Veterinary Services for the Moreno Valley Animal Shelter and the Moreno Valley Animal Clinic cost approximately $275,000. The Animal Services Division has included funds in the FY 2022-23 budget along with carryovers from FY 2021-22 budget to cover the veterinary services agreement (1010- 20-38-18210-625099). There will be no additional costs associated with the approval of this agreement.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Steve Fries Manuel Mancha
Animal Services Division Manager Community Development Director

CITY COUNCIL GOALS
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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 related 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.

1. ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWANJune2022-REV_SF_June6-2022

APPROVALS
Budget Officer Approval ✓ Approved . 6/10/22 8:33 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/10/22 6:10 PM
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1 City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Moreno Valley, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Moreno Valley Community Vet Care with principal place of business at 14041 Elsworth St, Moreno Valley, CA 92552-0805, hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:

RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional veterinary services contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional veterinary services contracting services, is licensed in the State of California, if applicable;
C. City desires to engage Contractor to render such services for the veterinary 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: MORENO VALLEY COMMUNITY VET CARE
DR. NICHOLAS A. STOREY, DVM | DR. JOEY COWAN, DVM
Address: 14041 Elsworth St.

City: Moreno Valley State: CA Zip: 92552-0805
Business Phone: 951-413-3780 Fax No. N/A
Other Contact Number: 951-413-3780
Business License Number: 39915
Federal Tax I.D. Number: 88-1176197

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

A.24.a
Packet Pg. 747 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 2 C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.

D. The term of this Agreement shall be from July 1, 2022 - June 30, 2024, with a one (1) year optional extension year 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.

3. STANDARD TERMS AND CONDITIONS:

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

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

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

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

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

Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for 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, shall be promptly removed from the project by the Contractor at the request of the City. The key A.24.a
Packet Pg. 748 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 3 personnel for performance of this Agreement are as follows: DR. NICHOLAS A. STOREY, DVM and DR. JOEY COWAN, DVM.

F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Contractor’s Representative. Contractor hereby designates DR. NICHOLAS A. STOREY, DVM, and DR. JOEY COWAN, DVM, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the services under this Agreement.

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

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

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

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 adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.

J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and A.24.a
Packet Pg. 749 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 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 counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

L. Insurance Requirements. The Contractor 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 A.24.a
Packet Pg. 750 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 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 X Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and $2,000,000 aggregate.

X Liability and Property Damage Insurance coverage for owned and nonowned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 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 execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:

Solely as respect to services done by or on behalf of the named insured 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, officials, employees, agents, and volunteers are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers, under any third party liability policy
The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail.

In the event the insurance is canceled, the 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 A.24.a
Packet Pg. 751 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 6 otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.

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 work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date 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 this 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. Such records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

A.24.a
Packet Pg. 752 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 7 Q. Restrictions on City Employees. The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.

R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

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

Contractor:

MORENO VALLEY COMMUNITY VET CARE
DR. NICHOLAS A. STOREY, D.V.M.

DR. JOEY COWAN, D.V.M.
14041 Elsworth St.

Moreno Valley, CA 92552-0805
City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552-0805
Attn: Steve Fries, Animal Services Division Manager
Community Development Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

W. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, A.24.a
Packet Pg. 753 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 8 benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

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

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

Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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

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

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

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

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

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

A.24.a
Packet Pg. 754 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 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
A.24.a
Packet Pg. 755 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Nicholas A. Storey, D.V.M.

BY: BY:

Mike Lee Nicholas A. Storey, D.V.M.

City Manager Title: Owner

Date Date
BY:

TITLE:
(Corporate Secretary)
Date

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Department Head
Date
A.24.a
Packet Pg. 756 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 11 EXHIBIT A
CONTRACTOR’S SCOPE OF SERVICES
A. General. This agreement between the City of Moreno Valley and Moreno Valley Community Vet Care provides for professional veterinary services consisting of operating the Moreno Valley Animal Clinic providing spay and neuter services, emergency medical care to sick and injured animals and providing for the prompt and necessary medical treatment for animals being maintained at the Moreno Valley Animal Shelter.

B. Operational Requirements:
• Operate within the Moreno Valley Animal Clinic according to all federal, state and local laws.
• Maintain a written protocol of all animal handling, vaccination, anesthesia, surgery guidelines, and drug inventory; maintain updated medical records within the Animal Shelter’s database system for shelter pets, as needed.
• Provide veterinary services a minimum of five (5) days per week. Hours and days on site shall be subject to mutual agreement between the Contractor and the City.
• Inspect the Animal Shelter’s kennels on each day while on site at the Moreno Valley Animal Shelter.
• Provide necessary equipment and supplies to be used in the operation of the Moreno Valley Animal Clinic, including all medical supplies, medicines, cleaning agents, tools, anesthesia machines, autoclaves, and other necessary tools, instruments, supplies and equipment. Contractor shall maintain in good working order, at its own expense, all equipment used in the operation of the Moreno Valley Animal Clinic, whether City or Contractor owned, and shall ensure that repairs or replacement of equipment does not unreasonably interrupt services.
• Provide data services, including Contractor’s own computer hardware and software licenses to maintain their own network. Contractor will be provided access the Animal Shelter’s database for purposes of updating medical notes and medical diagnosis and/or procedures performed on animals maintained and adopted from the Animal Shelter. • Provide custodial services for all areas (public and work areas) of the Animal Clinic.

A.24.a
Packet Pg. 757 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 12 • Contractor shall not make any modifications or improvements to the facility without the prior written approval of the City. • At his/her expense, Contractor shall secure and hire such other persons as may, in the opinion of the Contractor, be necessary to comply with the terms of this Agreement. Contractor hereby warrants that such persons shall be fully qualified to perform the services required. • Contractor agrees that no subcontractor shall be retained to perform the services outlined in this Agreement except upon the prior written approval of the City.
• Prices of spay/neuter surgeries including pain injection, pre-surgical exam, and medical waste disposal, paid to the Contractor by the City for dogs and cats for surgically sterilized prior to or after adoption shall be the following:

Surgical Fees – Pets Adopted from Animal Shelter
Species Size (lbs.) Female Male
Feline N/A $ 82 $ 60
Feline - TNR N/A $ 60 $ 40
Canine < 30 $102 $ 92
31 - 50 $127 $ 117
51 - 75 $137 $ 127
76+ $172 $ 152
Animals presented with the following medical conditions requiring additional work by the veterinary surgeon will add the following fees for the above spay/neuter services for the successful completion of a spay or neuter surgery:

Pregnant or in-heat: $20; Inguinal cryptorchid $50; Abdominal $80; Inguinal hernia $25; Deciduous canine: $25 per tooth.

Note that pain medication to be provided, as needed, by Animal Shelter stock, as requested by animal owner and prescribed by the veterinarian.

Optional bloodwork and E-collars will be available upon recommendation by the veterinarian and upon approval by the pet owner. • Prices of spay/neuter surgeries including pain injection, pre-surgical exam, and medical waste disposal, paid to the Contractor by public clients who have scheduled an appointment with the veterinary clinic and the dog or cat was not adopted from the Moreno Valley Animal Shelter shall be the following:

Surgical Fees – Pets Not Adopted from Animal Shelter
Species Size (lbs.) Female Male
Feline N/A $ 82 $ 60
Feline - TNR N/A $ 60 $ 40
Canine < 30 $102 $ 92
A.24.a
Packet Pg. 758 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 13 31 - 50 $127 $ 117
51 - 75 $137 $ 127
76+ $172 $ 152
Animals presented with the following medical conditions requiring additional work by the veterinary surgeon will add the following fees for the above spay/neuter services for the successful completion of a spay or neuter surgery:

Pregnant or in-heat: $20; Inguinal cryptorchid $50; Abdominal $80; Inguinal hernia $25; Deciduous canine: $25 per tooth. Other optional services will be available as quoted to public client by the veterinary staff. • Prices for the medical treatment of animals impounded and maintained by the Moreno Valley Animal Shelter will include the following General Care Costs for pets maintained in the Animal Shelter:

Treatment Cost
Minor wounds 0 - $100
Diarrhea 0 -$50
Pain – various injury 0 - $150
Skin Lesions – Minor abscess 0 - $200
Radiographs – 1 view $60
Radiographs – 2 views $90
Ear Exam 0 - $50
Animal Hit by Car Exam 0 -$300
Cough – Upper Respiratory Infection 0 -$50
Malnutrition 0 -$50
Dental Exam 0 -$50
Eye Exam 0 -$100
Rx Fees 0
Geriatric Exam 0 - $50
Laceration repair - minor $100 -$200
Laceration repair - major $200 -$300+
Check for Fracture Only 0 -$50
Blood Panel – In House $70 -$100
Medical Groom $50 -$100
Medical Supplies – Shelter Stock 0
General exams are included in the monthly retainer fee covering the daily rounds performed by the veterinarians and their medical staff within the Animal Shelter animal population. Additional treatment as identified above may be required and treatment recommendations are to be approved upon consultation between the attending veterinarian and the Animal Services Division Manager, or his or her designee.

A.24.a
Packet Pg. 759 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 14 • The monthly retainer fee of $4,500 will be invoiced each preceding month. The monthly invoice shall provide a detailed accounting of all costs including spay-neuter surgeries, emergency, and routine exams, as well as all other medical procedures performed.
• Contractor shall provide a written estimate of spay-neuter fees to the public outlining any additional fees, if any, and obtaining consent from the animal’s owner prior to proceeding with the surgical procedure, including any other surgical procedures, (tumor removal, eye surgeries, lacerations, teeth cleanings, etc.), performed at the consent of the animal owner.
• Contractor shall accept discount coupons and vouchers issued by the Moreno Valley Animal Shelter to perform spay-neuter services on dogs and cats brought in by the City of Moreno Valley residents. • The following licenses and permits shall be obtained by the Contractor at its own expense:

1.) Current Veterinary Premise Permit for the Clinic, naming the Contractor as the managing Licensee, as required
by the California Veterinary Medical Board.

2.) Current Veterinary License as required by the
California Veterinary Medical Board.

3.) Controlled Substance Registration Certificate as
required by the U.S. Department of Justice, Drug
Enforcement Administration.

4.) Current City of Moreno Valley business license.

5.) All other licenses required by any other regulatory agencies to operate the Clinic.
• All licenses requiring display will be displayed in a designated area as prescribed by law. Copies shall be provided to the Animal Services Division. Contractor shall maintain all licenses and permits current throughout the term of this Agreement.
• Contractor will allow the use of its license(s) to order certain drugs for use at the Animal Shelter.
• Contractor will be solely responsible for the disposal of hazardous waste at its own cost with an option to cost share with the City, upon mutual agreement.
• Contractor shall promptly advise the City in the event any disciplinary proceeding or action is commenced by and State agency against him/her in connection with professional services rendered by the Contractor/ A.24.a
Packet Pg. 760 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 15 • Contractor shall maintain necessary records related to services performed, consistent with CVMA requirements and the City’s Records Retention Policy.

C. Veterinary Medical Services
• Medically evaluate animals at the Moreno Valley Animal Shelter and provide a program of treatment. A medical evaluation of the Shelter’s animal population shall be performed on days when a veterinarian is onsite. • Monitor the performance related to the medical care provided by Shelter staff in their follow-up of the prescribed treatment as directed by the veterinarian.
• Conduct health checks of animals, including isolated biting animals placed under quarantine, through Shelter “rounds” and, if recommended, prescribe medications and other necessary medical procedures.
• Make recommendations, assist in the development of applicable policies, and oversee the maintenance of a healthy and disease-controlled environment in the shelter.
• Confer with other veterinarians who may perform surgical and other medical procedures at local offices on animals that have been recommended by the Contractor.
• Prescribe medication.
• Provide a low-cost vaccination clinic on a walk-in basis for the public when clinic staff availability and supplies are available to allow for this service. • Perform euthanasia services whenever deemed necessary by the attending veterinarian as requested by the owner of a pet and in cases where a stray animal is brought to the Animal Shelter by the public or by a City employee and the animal is irremediably suffering from illness or injury. • Be available, upon mutual agreement with the City, for after-hours consultation regarding medical treatment for emergency cases. • Review rabies cases as necessary to mitigate any disease transmission. • Conduct daily rounds of isolated biting animals placed under quarantine.

Recommend release of isolated biting animals under quarantine on the sixth (6th) day only upon the certification there are no clinical signs or symptoms of any disease observed during the first five (5) days of isolation.

A.24.a
Packet Pg. 761 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 16 D. Surgical Sterilizations
• Contractor shall perform spay/neuter surgeries on all qualified dogs and cats eight (8) weeks of age or older adopted from the Moreno Valley Animal Shelter. Contractor shall perform surgeries at the Clinic to include all dogs and cats adopted from the Animal Shelter. Contractor may also perform spay/neuter surgeries and other medical treatment at the Animal Clinic on dogs and cats brought to them by residents. Dogs and cats adopted from the Moreno Valley Animal Shelter will have priority over dogs and cats brought in by the public.
• Contractor shall perform pre-surgical physical examinations on all surgical candidates to determine if an animal is medically qualified for surgical treatment.
• Contractor shall perform other ancillary medical procedures associated with surgical sterilizations, according to the following provisions:

1. Contractor shall conform to all surgical standards as dictated by the California Veterinary Medicine Practice Act (CVBMPA).

2. Animals deemed unfit of unhealthy by a veterinarian may be rejected for surgical sterilization.

3. Animals that are deemed pregnant or in estrus may be surgically sterilized at the discretion of the veterinarian.

4. Animals of advanced age may require pre-surgical, geriatric blood screening.

5. If surgical exploration is needed to determine if an animal has already been spayed, surgery shall be deemed performed. • Contractor shall monitor all animals under its care and control for postsurgical complications and shall provide appropriate post-surgery medical treatment to animals in the event of an emergency related to the surgery, at no additional cost to the City or the pet owner, provided such complications are discovered while the animal is under the Contractor’s care and control. • Contractor shall provide appropriate medical treatment to animals in the event of medical emergencies for animals in the care and control of the Contractor. The Contractor will stabilize the animal in the event he or she needs to be transported to another provider, which will be at no additional cost to the City or the pet owner, if the emergency is determined to be caused by the sterilization surgery.

A.24.a
Packet Pg. 762 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 17 • Charges for medical emergency treatment for animals in the care and control of the Contractor but not caused as a result of the sterilization by the Contractor, either by the Contractor or at referred veterinary hospitals that are pre-approved by the City, may be charged to the pet owner provided the pet owner has approved the treatment in advance via telephone notification. • All adopted animals shall be released the day of the surgery to their owners with the release processed by City staff. Animals that are not pre-adopted shall be released to the City at such time as medically safe to do so. • All animals shall be released to pet owners or adopters with post-operative instructions, including emergency telephone numbers. Should complications occur, the Contractor shall retain responsibility and care for the animal until the complication has a favorable prognosis.

E. Other Services and Procedures to be Provided by Contractor include the following:
• Contractor shall microchip all dogs and cats adopted from the Animal Shelter and sterilized by the Contractor.
• Contractor shall conduct, on an annual basis, five (5) “actual cost” rabies vaccination clinics. The “actual cost” canine rabies vaccination clinic shall be held on a weekend, preferably on a Saturday, at the Animal Clinic. The “actual cost” canine rabies vaccination fee is $10.00, consistent with state guidelines.
• Contractor may offer to the public additional professional services, provided that written approval is received from the pet owner and the procedure is performed in conjunction with the surgical sterilization of dogs and cats and other companion animals adopted from the Animal Shelter.

Pricing of the additional professional services provided to the public shall be at the Contractor’s discretion. Any changes in the contractors spayneuter prices shall be mutually agreed upon with the City, and shall be announced to the public no less that fourteen (14) calendar days before they become effective. The City encourages pricing that maximizes the public’s ability to obtain needed services for their pets.
• Contractor shall be available for courtroom testimony regarding cruelty cases as necessary; time for courtroom testimony shall be compensated by the city at $80 per hour, per veterinarian.
• Contractor shall train and certify Animal Services staff tasked to perform field and shelter euthanasia, as necessary, pursuant to State law.

A.24.a
Packet Pg. 763 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 18 • Contractor shall meet with the City’s Animal Services Division Manager as needed to discuss the services provided, any problems or issues, and corrective action needed to be taken. Other meetings may be called by the City or Contractor, at a time that is mutually convenient and agreeable, to discuss any urgent matters.

F. Customer Service Standards
• Moreno Valley residents depend on each City employee to render service speedily, efficiently, effectively, and courteously. The following guidelines express in part the expectations of how employees are to implement the customer service philosophy of the City. Contractor’s staff shall also follow these guidelines:
a. Employees shall keep themselves informed in order to perform their job effectively.
b. Employees shall be concerned about the welfare of others in provision of all services.
c. Employees shall be considerate, tolerant, patient, and fair with others.
d. Employees shall be cheerful and as positive as possible. e. Employees shall use their training and capabilities to provide residents and businesses with the best service possible. Every effort should be made to provide correct answers and positive results.

G. Workplace Image Policy
• Contractor’s employees are expected to present a professional workplace image that is consistent with the requirements of all City employees. In general, contractor’s employees shall wear appropriate dress consistent with the industry standards for a veterinary practice. In addition, contractor’s employees shall refrain from political, controversial and/or inappropriate statements worn on their appropriate dress and work uniforms. Any tattoos and/or jewelry/body piercings must be covered up or removed during the course of their workday. Hair coloring should be within the range of natural hair colors; hair colors outside the range of natural hair colors shall be approved upon mutual agreement between both parties. Management will meet and confer with Contractor to determine if the workplace image is contrary to City’s expectations and work together to immediately to resolve such issues.

A.24.a
Packet Pg. 764 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 19 EXHIBIT B
CITY’S RESPONSIBILITIES
A. City shall provide Contractor with approximately 1,700 square feet of facility space consisting of customer receiving and waiting area, front office, two examination rooms, two secured and one open equipment and storage areas, surgical room, xray room, pre and post-surgical area, cat and dog wards, and veterinarian’s office.

B. City shall provide electricity, water, heating and air conditioning, and maintain the delivery systems thereof.

C. City shall be responsible for facility maintenance of the Vet Clinic, with the exception of maintenance of any Contractor-owned equipment and janitorial service.

D. City shall provide reasonable and necessary support to Contractor’s Technical Support Providers to ensure proper setup of Contractor’s data network, if one is used.

E. City shall provide contractor with microchips to be implanted for pets adopted from the City’s Animal Shelter.

F. City staff will work cooperatively with Contractor and their assigned staff to provide a positive work environment while providing the best possible care for the community’s animals.

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TERMS OF PAYMENT

1. The Contractor's compensation shall not exceed $550,000 for the first two-year period and will not exceed $275,000 for an optional one (1) year extension, upon the mutual agreement of both parties.

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

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

Copies of invoices should first be submitted to the Community Development Department, Animal Services Division at [email protected] or calls directed to (951) 413-3790.

3. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

4. The minimum information required on all invoices is:

A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), A.24.a
Packet Pg. 766 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize 21 services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.

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

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

8. Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.

Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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Packet Pg. 767 Attachment: ProfessionalServicesAgreement-MoValCommunityVetCare-STOREY&COWAN-June2022-REV_SF_June6-2022 (5858 : Authorize Report to City Council
ID#5866 Page 1
TO:

FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: June 21, 2022
TITLE: AUTHORIZATION TO AWARD PROFESSIONAL

SERVICES AGREEMENT FOR BUILDING AND SAFETY

PLAN CHECK, INSPECTION, AND PERMIT TECHNICIAN

PUBLIC COUNTER SERVICES TO WILLDAN
ENGINEERING, INC.

RECOMMENDED ACTION
Recommendations:

1. Approve the three-year agreement with Willdan Engineering, Inc. for Building and Safety plan review, inspection, and permit technician consultant services, and authorize the City Manager, or his designee, to execute the agreement and any subsequent amendments, subject to the approval of the City Attorney, in accordance with approved terms of the agreement.

2. Authorize the Purchasing Division Manager, or her designee, to approve a purchase order to Willdan Engineering, Inc. in accordance with approved terms of the Agreements. Contract costs are offset through cost recovery by fees for service paid for by project applicants.

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

SUMMARY
The Community Development Department existing contract for Building and Safety Plan Checks, Inspections and Permit Technician services will expire on June 30, 2022. In order to maintain customer service for the building needs of our residents, businesses and developers staff issued a Request for Qualifications to continue this service. This report recommends approval of a vendor agreement to provide Building and Safety Plan Check, Inspection, and Permit Technician consultant services with Willdan Engineering A.25
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Inc. Due to the increase in economic development we are currently experiencing in MoVal, this consulting contract will support our current team members to maintain our customer services standards.

DISCUSSION
The Building and Safety Division has used contract services from private firms for over 20 years to provide plan review, supplement inspection, and public counter services.

The Division's current contracts have been extended to the full life of the agreements.

Therefore, on March 17, 2022, the Building and Safety Division issued a Request for Qualifications (RFQ) for plan review, inspection, and permit technician consultant services. The RFQ was broadly advertised on the City's online bid portal, PlanetBids, to ensure an open competitive process, and proposals were required to be complete and submitted by April 7, 2022.

The City received ten (10) qualifying responses. A team of staff evaluators consisting of the Building and Safety Supervisor, the Fire Marshal, and the Building Official, reviewed and rated the submitted proposals. All proposals were evaluated utilizing a point system to score multiple criteria:
• ability to perform the specific tasks outlined in the RFQ in a timely fashion as required;
• amount of time and involvement of key personnel who will be involved in respective portions of the project;
• demonstrated record of success on work previously performed; • references; and,
• costs of services.

Each proposal was evaluated on its individual merit and assessed a point score through the PlanetBids system to determine the most qualified firms. Using the PlanetBids system, a collective score of the evaluators was generated. Interviews were conducted and scored with the top six (6) firms on May 11 and 12, 2022.

Based on consideration of the written proposal score, the interview score, and the firms’ ability meet the requirements as outlined in the RFP, Willdan Engineering Inc., was identified as the most qualified firm to provide the requested services needed to ensure quality customer care to the residents and development community.

The Agreement will be in effect from July 1, 2022, for three years through June 30, 2025, and may be extended two (2) additional years with written amendment, ending with FY26/27, if mutually agreed. All costs associated with these Agreements are fully recovered from fees paid for by project applicants.

The proposed Agreement, as written, will not impact the current nine full-time staff positions in the Building Division. The existing full-time staff will continue to meet their job duties to ensure timely plan review, field inspections of projects, and support for public counter activities.

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ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this report. This alternate is recommended by staff to achieve professional and timely development services, for our resident and business customers.

2. Do not approve and authorize the recommended actions in this report. This alternative is not recommended by staff and would cause delays at all levels of the permitting process for development projects, for our resident and business customers.

FISCAL IMPACT
The Agreement will not impact the General Fund as it is fully funded by recovering project fees for services paid for by the project applicants.

NOTIFICATION
The posting of the Agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

James Verdugo Manuel Mancha
Acting Building Official Community Development Director

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

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 1.1: Proactively attract high-quality businesses.

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Objective 1.2: Market all the opportunities for quality industrial development in Moreno Valley by promoting all high-profile industrial and business projects that set the City apart from others.

Objective 1.6: Establish Moreno Valley as the worldwide model in logistics development.

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

1. Willdan Moreno Valley Proposal B&S

2. Willdan Professional Services Agreement for Building Services

APPROVALS
Budget Officer Approval ✓ Approved . 6/13/22 2:41 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/13/22 4:02 PM
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Packet Pg. 772 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Section 1: Cover Letter/Executive Summary
April 7, 2022
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 91764
Subject: Proposal – Building & Safety Consulting Services RFQ #2022-052 Dear Purchasing Department:

Willdan Engineering is pleased to present this proposal to the City of Moreno Valley to continue to provide Building and Safety services to the City. Willdan has been a consistent industry leader for more than 57 years providing all aspects of municipal and infrastructure engineering, including building and safety, public works, public financing, planning, and construction management services. We have been providing Building & Safety services to the City since 1995. Our staff has extensive experience working with the City’s procedures and expectations for quality service to the community. Willdan's team will continue to be managed and coordinated through our local full-service San Bernardino office – making Willdan conveniently located and responsive to the City’s requests.

Founded in 1964 Willdan Engineering (Willdan), a California Corporation is part of Willdan Group, Inc. (WGI), a NASDAQ publicly traded Delaware Corporation and nationwide firm serving more than 800 public agencies and private sector clients. Willdan Engineering has 465 total employees, 245 of those are in the Building & Safety Division.

Headquarters Project Manager/Authorized Person
2401 E Katella Avenue Mr. Patrick Johnson, PE, CBO
Anaheim, California, 92806 Director of Building and Safety Phone: 714.940.6300 Phone: 909.915.4361
Phone: 800.424.9144 Email: [email protected]
Fax: 714.940.4920
www.willdan.com
We propose that Item (d) Additional Indemnity Obligations in the City’s Sample Agreement be changed as follows – “Contractor shall defend, with counsel of City’s approval, and…” Willdan takes no further exceptions to the City’s scope, specifications terms or conditions as outlined in the City’s RFQ.

As demonstrated in our proposal, our team possesses the skill and experience required to address the City’s needs. We look forward to continuing our service to the City of Moreno Valley and its community.

Respectfully submitted,

WILLDAN ENGINEERING
Patrick Johnson, PE, CBO
Director of Building and Safety
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Packet Pg. 773 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Table of Contents
Section 2: Supplemental Company Information ...................................................................................1 Section 3: Professional Team Assignments ...........................................................................................2 Section 4: Proposal Costs........................................................................................................................5 Section 5: Response Template ...............................................................................................................6 Section 6: Required Forms and Samples..............................................................................................13 Appendix
▪ Résumés

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Section 2. Supplemental Company Information

COMPANY OVERVIEW
Willdan, founded in 1964, is a leading nationwide provider of professional consulting and technical services. The primary markets Willdan serves are:
electric energy consulting; infrastructure planning and engineering; economic and financial consulting; and homeland security consulting. The company serves these four complementary markets through its divisions – engineering services (Willdan Engineering), energy efficiency services (Willdan Energy Solutions), public finance services (Willdan Financial Services) and homeland security services (Willdan Homeland Solutions). Willdan has a reputation for delivering high-quality projects on time and within budget. Rooted in Willdan’s corporate culture is its focus on quality customer service. The company has more than 1,400 employees, including licensed engineers, program and construction managers, financial analysts, planners, and other skilled professionals. Willdan benefits from well-established relationships with local and state government agencies, investor-owned and municipal utilities, and private sector commercial and industrial firms throughout the United States. Today, Willdan has over 1,400 employees operating out of multiple offices located throughout the United States. We have supported implementation of community visions through engineering, construction management, inspection, planning, building safety, and staff augmentation services. Willdan has completed various types of projects for over 90 percent of the cities and counties in California.

Willdan Engineering (Willdan), a California Corporation founded in 1964, is part of Willdan Group, Inc. (WGI), a NASDAQ publicly traded Delaware Corporation and nationwide firm serving more than 800 public agencies and private sector clients. Founded in 1964 and headquartered at 2401 E Katella Avenue, Anaheim, California, 92806, Willdan was originally established as a civil engineering firm specializing in providing solutions for our public agency clients. Since that time, we have evolved into a professional consulting firm offering a broad array of services that allows us to provide a comprehensive and integrated approach to our clients’ planning, engineering, financial, economic, public facility, public safety, and energy sustainability solutions.

Throughout our 57+ year history, Willdan has sustained a consistent healthy financial performance.

Willdan has the financial strength and wherewithal to complete all projects we undertake. This is due, in part, to a respected reputation in the municipal engineering industry for providing timely, cost effective, innovative engineering solutions that exceed our client’s expectations and for providing exceptional customer service to our many clients. The firm has the resources and appropriate staffing to perform and complete all contractual project obligations.

Willdan possesses expertise in most facets of the public sector marketplace. The varied experience and background of our staff experience is an added value of our services. No other firm matches Willdan’s combined breadth of directly relevant technical and operational expertise and depth of experience.

Willdan's corporate-wide capabilities include a full range of civil and structural engineering, land planning, financial and economic consulting, geology and geotechnical engineering, environmental health and safety, and energy efficiency solutions consulting services.

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Section 3: Professional Team Assignments
We recognize that the City's departmental workload fluctuates. Willdan hires professionals in three categories – full-time, modified full-time, and part-time. Part-time staff may work up to 40 hours per week. Our proposed staff are qualified registered engineers, architects, and ICC certified plans examiners, building inspectors and permit technicians. All services will be provided from our local San Bernardino office, with additional resources employed company-wide as necessary. No subcontractors will be employed for these services to the City. Individual résumés are located in the Appendix herein.

PRINCIPAL RESPONSIBILITY
Mr. Patrick Johnson, PE, CBO will serve as Project Manager for all services provided to the City.

STAFF
Name/Title Registrations/Certifications Service Provided Patrick Johnson, PE,
CBO
Director
▪ Civil Engineer, California No. CE#67960
▪ Civil Engineer, Arizona No. 50435
▪ Civil Engineer, Colorado No. 43704
▪ ICC Plans Examiner
▪ ICC Building Inspector
▪ ICC Building Official
Director of Building & Safety
Rouhi El-Rabaa, PE,
CASp
Plan Check Manager
▪ California Professional Engineer, CE#92565
▪ ICC Plans Examiner
▪ CASp Certified
Building Plan Review:

Structural, architectural, plumbing,
mechanical, electrical, energy,
accessibility, green building, fire lifesafety.

Daren Raskin, PE, CBO
Plan Check Engineer
▪ California Professional Engineer, CE#57577
▪ ICC Plans Examiner
▪ ICC Building Official
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, green building,
accessibility, residential, and
commercial.

Arne Lovnaseth, CASp
Plan Check Architect
▪ California Licensed Architect
▪ CASp Certified
▪ ICC Plans Examiner
Building Plan Review:

Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Christian Mui, PE
Plan Check Engineer
▪ California Professional Engineer, CE#93226
▪ ICC Plans Examiner
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Dominick Taliulu, EIT
Plans Examiner
▪ ICC Plans Examiner
▪ EIT Certification
Building Plan Review:

Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Dana Reed, CASp
Deputy Building
Official
▪ CASp Certified
▪ ICC Plans Examiner
Building Plan Review: Architectural,
plumbing, mechanical, electrical,
energy, accessibility, green building, fire
life-safety, OSHPD III.

Dan Chudy, BI, CBO,
CASp
Project Manager II
▪ CASp Certified
▪ ICC Building Official
▪ ICC Plan Examiner
▪ ICC Plumbing Inspector
Building Plan Review /Inspection:

Architectural, plumbing, green building,
mechanical, electrical, energy,
accessibility, fire life-safety, OSHPD III.

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▪ ICC Combination Inspector
▪ ICC Building Inspector
▪ ICC Fire Inspector
▪ ICC Mechanical Inspector
▪ ICC Electrical Inspector
▪ CalGreen Inspector
▪ ICC Permit Technician
▪ LEED Accredited Professional
Multi-story office buildings, commercial
buildings, retail outlets, single-family
and multi-family residential
developments. CASp services.

Daniel Crawford,
CASp, CBO
Plans
Examiner/Building
Inspector
▪ CASp Certified
▪ ICC Building Official
▪ ICC Plans Examiner
▪ ICC Commercial Building Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Electrical Inspector
▪ California General Building Contractor
▪ PC832 Level III Certification
Building Plan Review: Architectural,
plumbing, mechanical, electrical,
energy, accessibility, green building,
fire life-safety.

Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Richard Shields, CBO
Building Inspection
Manager
▪ ICC Building Official
▪ ICC Building Inspector
▪ ICC Plumbing Inspector
▪ ICC Mechanical Inspector
▪ ICC Electrical Inspector
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Richard LaNier
Sr. Building Inspector
▪ ICC Certified Residential Building Inspector Building Inspection: Multi-story office buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

James Rotondo
Sr. Building Inspector
▪ AWS Certified Welding Inspector
▪ AWS Certified Welder
▪ ICC Commercial Building Inspector
▪ ICC Structural Welding Special Inspector
▪ ICC Structural Steel & Bolting Inspector
▪ ICC Reinforced Concrete Special Inspector
▪ ACI Concrete Testing Technician
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Sergio Leyva
Sr. Building Inspector
▪ ICC Building Official
▪ ICC Plans Examiner
▪ ICC Combination Inspector
▪ ICC ADA Plans Examiner
▪ ICC Electrical Inspector
▪ ICC Plumbing Inspector
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Anthony David
Sr. Building Inspector
▪ ICC Commercial Building Inspector
▪ ICC Special Inspector
▪ Concrete Field-Testing Technician, Grade 1,
ACI
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Daniel Cho
Building Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Electrical Inspector
▪ ICC Residential Plumbing Inspector
▪ CALGreen Inspector/Plans Examiner
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

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Ashley Cummins
Permit Counter
Technician
▪ ICC Permit Technician (Pending) Permit Technician: Building department counter coverage, answer
phone calls, respond to inquiries, issue
permits.

Lauren Scrima
Sr. Permit Counter
Technician
▪ ICC Permit Technician Permit Technician: Building
department counter coverage, answer
phone calls, respond to inquiries, issue
permits.

Sharon Barrett
Sr. Permit Counter
Technician
▪ ICC Permit Technician Permit Technician: Building
department counter coverage, answer
phone calls, respond to inquiries, issue
permits.

ORGANIZATION CHART
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Packet Pg. 778 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR Section 4: Costs
EXHIBIT B: PRICING
I. PRICING/RATES
A Percentage of Building & Safety Current Plan Check Fee Collected for Consultant-assigned Projects
Standard Plan Check Time
68% of fee collected
B Percentage of Building & Safety Current Plan Check Fee Collected for Consultant-assigned Projects
Expedited Plan Check Time
70% of fee collected
C Percentage of Building & Safety Current Inspection Fee Collected for Consultant-assigned Projects 60% of fee collected Other Services/Rates Provided as Appropriate
D Hourly Plan Review $130
E Hourly Inspection $105
F CASp Plan Check/Inspection $125
G Permit Technician Services $ 65
H Sr. Permit Technician Services $ 70
I In-House Services $125
As per the RFQ, a permit technician is included in the % of Inspection fee collected as shown above.

If agreement is extended after the base period, price changes shall be negotiated, but shall not exceed the most recent available 12-month period for the Riverside – San Bernardino – Ontario, California Consumer Price Index (CPI) for All Urban Consumers (CPI-U).

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Section 5: Response Template
Attachment A: Required Response Template

WILLDAN ENGINEERING
(Bidder’s Company Name)
Instructions:

Prospective proposers must provide the information requested below and include it in their proposal.

City has provided the form as a separate Word document for bidder’s use.

Use this form or copy and paste it into your own document; in either case, please provide your responses under each of the number points. Do not omit or renumber any sections. Refer to attached documents sparingly and only as necessary; and ensure that any documents referred to are numbered according to the outline below.

I. Company Information: Name, Contacts, History, Scope of Services Please provide the following information about your company:

A. Your company’s full legal name, address, phone, fax, email, website.

Willdan Engineering
Corporate Office
2401 E Katella Avenue
Anaheim, California, 92806
Phone: 714.940.6300
Phone: 800.424.9144
Fax: 714.940.4920
www.willdan.com
B. Prior company names (if any) and years in business; mergers, buyouts, etc.

N/A
C. Organizational structure (i.e. corp., LLC, sole proprietorship, etc.).

California Corporation
D. Names and titles of the principal owner(s).

Thomas D. Brisbin, Ph.D., Chairman of the Board and Chief Executive Officer Michael A. Bieber, President
Creighton K. Early, Vice President and Chief Financial Officer E. Person(s) authorized to make commitments for your company.

Patrick Johnson, PE, BO, Director of Building and Safety F. Company history, experience, years in business for current company name.

Willdan Engineering (Willdan), a California Corporation founded in 1964, is part of Willdan Group, Inc. (WGI), a NASDAQ publicly traded Delaware Corporation and nationwide firm serving more than 800 public agencies and private sector clients.

Founded in 1964 and headquartered at 2401 E Katella Avenue, Anaheim, California, 92806, Willdan was originally established as a civil engineering firm specializing in providing solutions for our public agency clients. Since that time, we have evolved A.25.a
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into a professional consulting firm offering a broad array of services that allows us to provide a comprehensive and integrated approach to our clients’ planning, engineering, financial, economic, public facility, public safety, and energy sustainability solutions.

G. Tax ID number.
95-2295858
H. The complete scope of services offered by your company.

Willdan's corporate-wide capabilities include a full range of civil and structural engineering, land planning, financial and economic consulting, geology and geotechnical engineering, environmental health and safety, and energy efficiency solutions consulting services.

BUILDING AND SAFETY SERVICES
Willdan’s experience and strength in building and safety encompasses the complete range of technical disciplines, including permit issuance, building inspection, grading inspection, accessibility inspection, CASp services, OSHPD III plan check and inspection, flood zone experience, building plan review, fire-life safety, building official services, and emergency safety assessment expertise.

I. The number of clients (including governmental) served in past and present.

Since 1999, Willdan Engineering has provided services to more than 1900 clients.

J. Special qualifications, training, credentials, recognition, or awards.

Our proposed staff are qualified registered engineers, architects, and ICC certified plans examiners, building inspectors and permit technicians. The inspection and plan review staff maintain current certifications and attend training on a regular basis, to stay current with industry technologies and standards.

K. Contracts terminated for cause, pending litigation or legal issues.

None
II. Resources: Staffing, Facilities, Equipment
Provide the following information relative to required services:

A. Names and titles of key management personnel.

Patrick Johnson, PE, BO, Director of Building and Safety B. Team to be assigned for these services.

Please see complete team under Section 3 herein.

C. Qualifications of specific individuals who will work on the project.

Please see complete team under Section 3 herein.

D. Resumes of all team members; provide only names and titles only; attach current resumes to proposal.

Please see complete team under Section 3 herein. Résumés are located in the Appendix.

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E. Facilities that would be utilized to perform the required work.

All work will be provided from our San Bernardino office, with resources employed company-wide as necessary. Our plan check staff all have dual monitors, our building inspectors have cell phones and either laptops or tablets.

III. Required Services: Meeting or Bettering these Requirements Provide the following information relative to required services:

A. Ability to perform specific tasks as outlined in the RFQual.

Our long-term commitment to the City and years of experience providing services to the City ensures our staff will continue to provide quality services to the City and it’s community. We are familiar with Accela and the processes put in place to provide plan review through the City portal. Willdan will continue to service the City with permit technicians, inspectors and plan review staff that are familiar with the City’s procedures.

B. Reasonableness of your fee to do the work.

Willdan considers its fees reasonable and competitive for the market conditions.

Willdan rarely raises its fees throughout the contract term and will often match the previous fees set in place for the previous contract. We pay our employees a certain salary while collecting a small profit to account for administrative costs.

C. Current resources to meet or better all task and timeline requirements herein.

Our approach to user-friendly customer service specifically results in reduced number of plan review rechecks and has allowed us to meet the required plan check turnaround time standards of the City. Likewise, the assignment of experienced building inspectors by Willdan results in accurate-time effective field building inspections.

IV. Demonstrated and Technical Experience
Please describe your company’s:

A. Demonstrated record of success on work previously performed.

Willdan has been
providing Building and
Safety services for more
than 45 years and has
approximately 100 current
California municipal
clients, including
universities and colleges,
tribal entities, and joint
power authorities. Our commitment to exceptional service to jurisdictions and their communities is exemplified in contracts that we have retained for decades, and the numerous new contracts we are awarded each year. Willdan was one of the first firms to employ electronic plan review allowing applicants and jurisdictions to minimize costs and reduce plan review turn-around times. “We really appreciate Willdan’s timely responses and
professional advice to our questions and concerns related to plan check comments and general code issues. Willdan’s
professionalism and knowledge of the plan check process was immensely helpful in cutting cost and schedule. It has been really great to work with Willdan and we hope we will keep working with them for future work.”
Inkon Kim, PhD, LEED AP
HPA, Inc.

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V. Work Plan:

Taking all circumstances, current conditions, and required preparations into consideration, describe in detail, your proposed work plan for delivering the services required by this RFQual, including, but not limited to;
A. Provide any other relevant information that you believe would benefit City for the requested services.

When it comes to serving the residents of the City of Moreno Valley community, Willdan sees our role as that of facilitator and guide—helping the City’s customers in getting through the review, permitting, and inspection process—rather than leaving the applicant in a bind in obtaining or signing off permits, while ensuring development complies with building codes and City standards. We understand that the process of complying with the various codes, standards, regulations and laws can be a formidable and daunting undertaking—for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications and the sometimescompeting interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the City will be as satisfied with the infrastructure on day one as 20 years from “day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to the City.

BUILDING PLAN REVIEW
All building plans will be examined for compliance with the 2019 California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, California Historical Code, California Existing Building Code and the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances.

Plan review for Disabled Access Compliance will include a review of precise grading plans.

All plan check will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:
▪ Architectural
▪ Fire/Life-safety
▪ Plumbing
▪ Mechanical
▪ Structural
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
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PLAN REVIEW SCHEDULE

TYPE OF PROJECT INITIAL REVIEW SUBSEQUENT

REVIEWS
Residential (new construction,
additions, remodels)
8 – 10 working
days
5 working
days
Commercial/Industrial (new
construction, additions, remodels) 10 working days 5 working days Solar Plans 2 – 3 working
days
1 – 2 working
days
Our staff is familiar with the City’s permitting software (Accela) and have been providing plan review through the City’s portal. Comments, redlines and status are updated in the portal for each review completed.

BUILDING INSPECTION
Our inspectors are ICC certified and fully experienced to perform residential, commercial and industrial inspections for compliance to the approved plans and related documents. The inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.

Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system. We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.

Our inspection staff are supplied with cell phones and laptops and/or iPads for email communication and document creation and record keeping. Inspections will be provided within 24 hours of notification or sooner.

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CASP SERVICES
Willdan can provide CASp certified inspectors to the City as required by Senate Bill No. 1608, specifically CHAPTER 549 which reads as follows:
(d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.

Our CASp certified inspectors will provide building and site evaluations for ADA and State Disabled Access requirements; provide evaluations and reporting for Applicable Construction Related Accessibility Standards; provide CASp Disability Access Certificates; provide expert witness and legal services support; and provide other services as required by the City. Our CASp certified inspector, will be available within 24 hours of notification or sooner.

COUNTER TECHNICIAN SERVICES
Under the supervision of the City, our provided permit technician(s) will provide customerfriendly public counter service. Using the City’s permitting software system for plan check tracking, permit issuance and report generation, Willdan provides quick, efficient service at the counter. Our knowledgeable staff, who always understand that this may be the first time that a citizen is applying for a permit, have the ability to help all applicants, from the least knowledgeable applicant for a simple home remodel to experienced owners who have many years of development experience.

Our goal is to make sure that every applicant feels that we have answered their questions and met their needs. The designated permit technician(s) will provide counter services during City Hall hours.

Our building counter services include but are not limited to:
▪ Customer support at the counter and over the phone
▪ Permit application review to ensure completeness and accuracy ▪ Fee calculation
▪ Building permit processing and issuance
▪ Public assistance in completing permit applications
▪ Verification that projects have obtained all necessary approvals prior to permit issuance ▪ Applicant notification when construction documents and/or permits are ready for pickup or issuance ▪ Coordination and routing of construction documents to the appropriate City staff for plan review and approval
▪ Resolution of resident inquires and complaints
▪ Records maintenance, document preparation for storage and or imaging A.25.a
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Submitted by:

Company Name Willdan Engineering
Contact Name Patrick Johnson, PE, CBO
Title Director of Building and Safety
Signature
Email [email protected]
Phone 909.963.0565
Date April 7, 2022
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Section 6: Required Forms and Samples
Attachment B: Special Provisions
All items below apply to this bid proposal:

Hold Harmless and Indemnification: The successful bidder hereby agrees to indemnify, defend, and hold harmless City (including its officials, officers, agents, employees, and representatives) from and against any and all claims of any kind or nature presented against City arising out of vendor's (including vendor's employees, representatives, and subcontractors) performance under this agreement, excepting only such claims, costs or liability which may arise out of the sole negligence or willful misconduct of City.

Insurance Provisions: Unless otherwise stated in the RFQual specifications, the following insurance requirements apply:

1. Comprehensive General Liability Insurance: (include products liability) $1,000,000 per occurrence.

2. Auto Liability Insurance: $1,000,000 per occurrence, combined single limit (CSL).

3. Workers' Compensation Insurance: as required by State statutes.

4. Employer’s Liability Insurance: $1,000,000 per accident; $1,000,000 policy limit for disease.

5. All policies of insurance must provide for a minimum of thirty (30) days written notice of any change or cancellation of the policy.

6. Insurance policies to be in a form ad written through companies acceptable to City; and must include those endorsements which are necessary to extend coverage which is appropriate to the nature of the agreement.

Affirmative Action: In support of Affirmative Action, City requires all suppliers to comply with Title VII of the Civil Right Act of 1964, as amended, the Civil Rights Act of 1992, and all federal, state, and municipal laws and regulations pertaining thereto. In addition, successful bidders must certify prior to award of contracts in excess of $50,000 that they have a written affirmative action plan in compliance with the above laws and regulations, and such plan may be reviewed by City. Said Certification may be made by signing below:

Certified to above - FIRM: Willdan Engineering
SIGNATURE:

PRINT NAME: Patrick Johnson, PE, CBO
TITLE: Director of Building & Safety
Exceptions: If your company is taking exception to any of the specifications, terms or conditions (including insurance, indemnification and/or proposed contract language) stated in this Request for Proposal, please indicate below and describe details: (check any that apply).

No exceptions taken
Exception taken to the scope of work or specifications
X Exception taken to indemnification and insurance requirements Exception to proposed contract language
Other
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Please explain any of the checked items:

We propose that Item (d) Additional Indemnity Obligations in the City’s Sample Agreement be changed as follows – “Contractor shall defend, with counsel of City’s approval, and…” Willdan takes no further exceptions to the City’s scope, specifications terms or conditions as outlined in the City’s RFQ.

Note: Taking exception to City’s requirements without approval of City prior to submission of your proposal may be cause for rejection of the proposal.

PROPOSING FIRM: Willdan Engineering DATE: April 7, 2022 BUSINESS ADDRESS: 650 Hospitality Lane, Suite 400, San Bernardino, CA 92408 SIGNATURE OF REPRESENTATIVE:

BY: Patrick Johnson, PE, CBO TITLE: Director of Building & Safety, Authorized Officer INSTRUCTION REGARDING SIGNATURE: If bidder is an individual, state "Sole Owner" after signature. If bidder is a partnership, signature must be by a general partner, so stated after "Title". Names of all other partners and their business addresses must be shown below. If bidder is a corporation, signature must be by an authorized officer, so stated after "Title", and the names of the President and Secretary and their business addresses must be shown below:

Michael A. Bieber, President 2401 E Katella Avenue, Anaheim, CA 92806 Kate Nguyen, Secretary 2401 E Katella Avenue, Anaheim, CA 92806 A.25.a
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Attachment C: Client References

WILLDAN ENGINEERING
(Bidder’s Company Name)

1. Client’s Company Name: City of Highland
Client Address: 27215 Baseline
Highland, CA 92346
Contact’s Name: Matthew Wirz
Contact’s Title: Building Official
Contact’s Telephone & FAX: 909.864.8732
Contact’s Email: mwirz@cityofhighland
Scope of Services/Products Provided:
▪ Building Plan Check
▪ Electronic Plan Check
▪ Inspection
▪ CASp
▪ Permit Counter
▪ Stormwater
▪ Grading Plan Review
Project Completion Date & Value: open contract/1987 - present

2. Client’s Company Name: City of Loma Linda
Client Address: 25541 Barton Road
Loma Linda, CA 92354
Contact’s Name: T. Jarb Thaipejr
Contact’s Title: City Manager
Contact’s Telephone & FAX: 909.799.2810
Contact’s Email: [email protected]
Scope of Services/Products Provided:
▪ Building Official
▪ Building Plan Check
▪ Electronic Plan Check
▪ Inspection
▪ CASp
▪ Permit Counter
▪ Stormwater
▪ Grading Plan Review
Project Completion Date & Value: open contract/1980 - present

3. Client’s Company Name: City of Banning
Client Address: 99 E Ramsey Street
Banning, CA 92220
Contact’s Name: Adam Rush
Contact’s Title: Community Development Director
Contact’s Telephone & FAX: 951.922.3131
Contact’s Email: [email protected]
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Scope of Services/Products Provided:
▪ Building Official
▪ Building Plan Check
▪ Electronic Plan Check
▪ Inspection
▪ CASp
▪ Permit Counter
▪ Stormwater
Grading Plan Review
Project Completion Date & Value: open contract/2019 - present

4. Client’s Company Name: City of San Bernardino
Client Address: 201 North E Street
San Bernardino, CA 92401
Contact’s Name: Brian Hadley
Contact’s Title: Building Official
Contact’s Telephone & FAX: 909.384.5352
Contact’s Email: [email protected]
Scope of Services/Products Provided:
▪ Building Plan Check
▪ Electronic Plan Check
▪ Inspection
▪ CASp
▪ Permit Counter
▪ Stormwater
▪ Grading Plan Review
▪ Civil Plan Review
▪ Map Checking
▪ PW Inspection
Project Completion Date & Value: open contract/1986 - present A.25.a
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Attachment D: Non-Collusion Declaration
Note: NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the Director of Building & Safety of the party who submits herewith a Bid to the City. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid.

The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on:

State of California
(the State of the place of business)
By:
(signature)
Printed Name: Patrick Johnson, PE, CBO
(name of the person signing this form)
Title: Director of Building & Safety
(title of the person signing this form)
Bidder acknowledges acceptance and agreement with the above by agreeing to the terms and conditions at the time of electronic bid submittal.

Date: April 7, 2022
City of San Bernardino
(the City of the place of business)
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CITY OF
MORENO VALLEY Building & Safety Consultant Services
RFQ #2022-052
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Appendix ▪ Résumés
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Packet Pg. 792 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Patrick Johnson, PE, CBO
Director of Building and Safety
Profile Summary
Education: University of Iowa, Iowa City, IA
Bachelor and Science, Structural Engineering
California State Polytechnic University-Pomona
Master of Engineering
Registration: California Professional Engineer, CE#67960 Arizona Professional Engineer, CE#50435
Colorado Professional Engineer, CE#43704
Nevada Professional Engineer, CE#20699
ICC Building Official
ICC Plans Examiner
ICC Building Inspector
Experience: 22 Years
Mr. Patrick Johnson has 22 years of construction and engineering experience and is a registered engineer specializing in lightweight commercial, industrial, and residential structures. He has plan checked several tilt-up warehouse buildings up to 2.3 million square feet and numerous structures consisting of braced and moment frames for lateral resistance, prestressed concrete structures, and multi-story buildings up to six stories in height.

As Director of Willdan’s Building and Safety Division, Mr. Johnson is responsible for overseeing all Building and Safety services company-wide as well as providing structural plan review. He has attended code enforcement and seismic application seminars and has received his Master of Engineering degree, specializing in structures, from California State Polytechnic University. Patrick has served as acting building official for the cities of Big Bear Lake, Loma Linda, and Rancho Mirage. He has served as a forensic engineer responsible for justifying probable causes of structural damage caused by expansive soils.

As a project manager for Willdan’s On-call Building Official and Building and Safety Services contracts, Mr.

Johnson works with City managers to plan, organize, direct, and administer the activities of their Building and Safety Departments, including building inspections; inspection of construction; and general rehabilitation or repair of commercial, residential, and industrial properties. He has overseen reviews of building plans, calculations, and specifications for proposed structures; administered building and safety code enforcement; and reviewed construction plans to ensure they meet building codes and zoning regulations. Mr. Johnson also oversees inspectors monitoring construction sites to determine whether structures and systems have been installed to meet all construction codes and ordinances for public safety.

Relevant Project Experience
Building Official Services, Cities of Banning, Big Bear Lake, Highland, Loma Linda, March JPA, and Rancho Mirage, CA. Building Official. Responsible for working directly with the City Manager to plan, organize, direct, and administer the activities and operation of the Building and Safety Department, including building inspections, inspection of construction, and the general rehabilitation or repair of commercial, residential and industrial properties. Oversee the review of building plans, calculations and specifications for proposed structures. As the administrator of Building and Safety, approve all construction plans to ensure they meet building codes and regulations. Inspect and monitor construction sites to determine if structures and systems are installed to meet all construction codes and ordinances for public safety. Supervise, train, and evaluate and; monitor and coordinate work. Oversee staff engaged in the preparation and maintenance of records of plans, inspection processes, letters and reports prepared or used in connection with building inspections; respond to questions from property and building owners; and interpret codes.

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Packet Pg. 793 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Daren Raskin, PE, CBO
Principal Project Manager
Profile Summary
Education: California State Polytechnic University-Pomona BS Engineering
Registration: California Professional Engineer, CE#57577 ICC Plans Examiner
ICC Building Official
Experience: 24 Years
Mr. Daren Raskin serves as Supervising Plan Check Engineer for Willdan. Daren possesses experience with design of various multi-story structures, shopping centers, commercial buildings, parking structures, and residential units. He has organized, scheduled, and supervised staff of engineers, draftsmen, and technicians. Mr. Raskin's expertise encompasses knowledge of all major building materials, including cold-formed steel, structural steel, concrete, and masonry as well as design of specialized systems of corrugated cold-formed shear walls, concrete shear walls, masonry shear walls, structural steel moment frames, braced frames and rigid diaphragm analysis.

Mr. Raskin’s previous engineering experience structural design, analysis, and calculations for repair of fire damaged residential and commercial buildings, room additions, and custom homes and ensuring structural drawings met design and code requirements.

Relevant Project Experience
On-Call Plan Review and Inspection Services, City of San Bernardino, California. Plans Examiner responsible for plan reviews of multi-story office buildings, commercial buildings, retail outlets, single-family residences, medical facilities, educational facilities and multi-family residential developments.

On-Call Plan Review and Inspection Services, City of Rialto, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Loma Linda, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Moreno Valley, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, County of San Bernardino, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, March Joint Powers Authority, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments in connection with development of former March Air Force properties.

On-Call Plan Review and Inspection Services, County of Riverside, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Beaumont, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

Dundee Residence Hall and Glasgow Dining Hall, University of California, Riverside, California. Plans Examiner responsible for plans reviews in connection with improvements designed for the two halls.

On-Call Plan Review and Inspection Services, City of Norco, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Highland, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

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Packet Pg. 794 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Arne Lovnaseth, CASp, Architect
Plan Check Architect
Profile Summary
Education: Cal Poly Pomona, Bachelor of Science, Bachelor of Architecture Registration: California Licensed Architect, #C18833
ICC Plans Examiner #0877794-B3
Experience: 26 Years
Mr. Arne Lovnaseth, a registered Architect in California, is a Plan Check Architect for Willdan’s Building and Safety Division. He has 26 years’ experience in the construction field specializing in design work and plans examining. As a 1983 and 2001 graduate of Cal Poly Pomona his primary focus has been on architectural design of lightweight commercial and residential structures. He has attended a number of code enforcement seminars and currently is compiling a NCARB record for certification nationwide. He has extensive experience in ADA compliance.

During his tenure with Willdan, Mr. Lovnaseth has provided Counter Plan Review services to the City of Redlands, City of South El Monte, and the March Joint Powers Authority, a redevelopment agency located at March Air Force Base.

Relevant Project Experience
Projects include university buildings, single and multi-family homes, industrial buildings, commercial warehouses, restaurants, fitness centers, motels, medical facilities and numerous tenant improvements.

Mr. Lovnaseth’s previous architectural and plan checking experience includes the position of Senior Plans Examiner for a large Inland Empire City for more than five years. In this capacity, he specialized in the plan checking of lightweight commercial, multi and single-family housing. He supervised a staff of 5 plans examiners and permit technicians, issuing over 3,000 building permits a year.

Prior experience includes project manager at John McInnes Architect in Laguna Beach for five years and job captain at Sumich Design in San Juan Capistrano for eight years.

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Packet Pg. 795 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Rouhi El-Rabaa, PE, CASp
Plan Check Engineer
Profile Summary
Education: Bachelor’s in Civil Engineering
California State University, Los Angeles
Registration: California Professional Engineer, CE#92565 ICC Plans Examiner Certificate #8868081
Experience: 8 Years
Mr. Rouhi El-Rabaa is a Willdan Engineering Building Plan Check Engineer with 8 years of experience.

Mr. El-Rabaa is a skilled professional accustomed to playing a vital role in civil engineering cycles.

Highly trained in responding to the public, contractors, and design professionals. Experience includes; structural design and analysis, commercial, accessibility, and residential plan checking, structural calculation review, exceptional customer service, and building and municipal code enforcement.

Relevant Project Experience
Plan Check Engineer, Willdan Engineering, San Bernardino, CA. Rouhi is responsible for the following tasks: Conduct full scope plan reviews for various disciplines, including; architectural, structural, fireresistive, accessibility, energy, MEP, and green. He is highly experienced reviewing the following types of buildings; single-family and multi-family residential, tract homes, hotels, OSHPD 3, industrial, commercial, assembly, factory-built, mixed-use, and miscellaneous. Rouhi is also responsible for technical structural calculation review for regular and irregular multistory buildings, podium structures, irregular diaphragms, offset shearwalls, tilt-up construction, and freestanding structures. He trainsstaff to recognize proper non-structural and structural design methodologiesin plan checks; prepares correction notices to applicants as hardcopy or electronic correspondence; does design coordination meetings with design professionals and permit applicants; and researches and looks to implement latest developments in industry standards.

Plans Examiner, City of Redlands, Redlands, CA. Plan checked and reviewed structural design of residential and commercial projects. Ensured that minimum code was established in the plan review stage. Resolved difficult problems with permit applicants and other members of the public regarding building code requirements and City regulations. Coordinated Division processes. Undertook or recommended changes to the processes in order to facilitate Division operations. Supervised, trained, and evaluated permit issuance staff. Prepared and issued comment letters to building permit applicants. Advised of resubmittal guidelines which would lead to approval. Prepared and categorized files, reports, and methods to record Division activities and procedures.

Graduate Structural Design Engineer, Arcadis Design & Consultancy, Doha, Qatar. Oversight of a large portion of five underground railway stations. Ensured alongside the project manager that all design and shop drawings were reviewed and issued to meet client standards and deadlines. Scheduled and monitored the progress of a large team of CAD technicians. Provided dependable engineering and project resourcing resolution in a fast-paced design-build atmosphere. Executed in-house plan checking and design checking. Established design conformance in line with all issued design development and shop drawings. Responded to contractor RFI’s. Attended construction meetings and negotiated feasibility of key delivery dates with the client. Collaborated with contractors, architects, MEP and site engineers to achieve a common directive. Performed detailed review of reinforced concrete structural calculations and advised alternative approaches. Sketched complex concrete steel reinforcement details to be used as expeditious blueprints for urgent site remediation.

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Packet Pg. 796 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Christian Mui, PE
Plans Examiner
Profile Summary
Education: California State University, Pomona
BS in Civil Engineering
Registration: California Professional Engineer, CE#93226 ICC Plans Examiner
Experience: 6 Years
Mr. Christian Mui is a Willdan Engineering plan check engineer with more than 6 years of experience.

Mr. Mui’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical Codes. Christian reviews solar plans submitted to our electronic plan review portal and is able to complete the reviews within one – two days from date of submission.

Relevant Project Experience

PLAN CHECK
Mr. Mui’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical Codes. Christian reviews solar plans submitted to our electronic plan review portal and is able to complete the reviews within one – two days from date of submission. Plan check projects include university buildings, single and multi-family homes, industrial buildings, commercial warehouses, restaurants, motels, solar plans and numerous tenant improvements.

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Packet Pg. 797 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Dana Reed, CASp
Senior Plans Examiner
Profile Summary
Education: Riverside Community College
Construction Technology
Registration: Certified Access Specialist CASp-#287
ICC Certified Building Inspector, #37018
ICC Certified Plans Examiner, #75985
Experience: 32 Years
Mr. Dana Reed is a Senior Plans Examiner/Deputy Building Official for Engineering. He has more than 30 years of plan review, inspection and construction experience. His extensive experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, Electrical, and Fire Codes, as well as review of projects under ADA Title II, OSHPD, and Titles 19 & 25.

Relevant Project Experience
Mr. Reed’s plan check projects include university buildings, single and multi-family homes, industrial buildings, commercial warehouses, restaurants, fitness centers, motels, medical facilities, dialysis clinics, casinos and numerous tenant improvements.

Mr. Reed also has extensive experience in CASp related services including inspections for accessiblity compliance.

Prior to joining Willdan, Mr. Reed served the County of Riverside as a plans examiner for the Building Department and as a building inspector for the Cities of Mission Viejo and Laguna Niguel. In this capacity, he reviewed plans for compliance with County ordinances and State requirements and codes; assisted with permit issuance at the public counter and answered technical questions from design professionals and the general public.

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Packet Pg. 798 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Dominick Taliulu, EIT
Plans Examiner I
Profile Summary
Education: South Dakota School of Mines & Technology
BS in Civil Engineering
Registration: EIT
ICC Building Plans Examiner
Experience: 2 Year
Mr. Dominick Taliulu is a Willdan Engineering plans examiner with 2 years of experience. Mr. Taliulu’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, Energy, Green Building and Electrical Codes. Dominick reviews solar plans submitted to our electronic plan review portal and is able to complete the reviews within one – two days from date of submission.

Relevant Project Experience

PLAN CHECK
Dominick Taliulu’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical, Green Building, and Energy Codes. Plan check projects include single and multi-family homes, medical clinics, industrial buildings, commercial warehouses, commercial buildings, restaurants, motels, solar plans and various tenant improvements.

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Packet Pg. 799 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Dan Chudy, CASp, CBI
Principal Project Manager
Profile Summary
Education: Brigham Young University
Bachelor of Science, Construction Management
Registration: Certified Access Specialist CASp-#091
ICC Building Official
ICC Plan Examiner
ICC Plumbing Inspector
ICC Combination Inspector
ICC Building Inspector
ICC Fire Inspector
ICC Mechanical Inspector
ICC Electrical Inspector
CalGreen Inspector
ICC Permit Technician
LEED Accredited Professional
Experience: 30 Years
Mr. Chudy has more than 30 years of municipal Building and Safety experience. He has extensive experience in managing engineering and technical staff and served as the Building Official/Assistant Building Official for plan check and inspection services. Dan has received a number of awards during his tenure in the Building and Safety field including Building Inspector of the Year, Building Official of the Year and a two-time recipient of the California Building Department of the Year Award.

Dan has been a member of the State Historical Building Safety Board for more than 20 years and has written a book on the subject titled “California Historical Building Code Commentary.

Relevant Project Experience
Willdan – City of Norco
Mr. Chudy provides building related services including assisting the City with code interpretations, plan review, and field inspections.

City of Riverside
Building Official – Managed the Division of Building and Safety, supervising inspectors, plan checkers, permit technicians, as well as establishing policies and procedures. Also served as the Interim Community Development Director from 2011 to 2012.

City of Corona
Assistant Building Official – Assisted the Building Official in the administration of the Building and Safety Division, supervised various functions of Division staff (plan check, inspection, etc.). Assisted in developing training programs for staff.

City of Corona
Senior Building Inspector – Supervised and directed the activities of the plan check staff, inspection staff and permit counter technician staff. Provided training and code interpretations to Department staff.

A.25.a
Packet Pg. 800 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Daniel Crawford, CASp, CBO
Plans Examiner/Building Inspector/CASp Specialist
Profile Summary
Education: College of the Desert, Palm Desert, CA
AA, Construction Management
AA, Business Supervision & Management
Registration: Certified Access Specialist CASp-#276
ICC Plans Examiner
ICC Commercial Building Inspector
ICC Residential Building Inspector
ICC Residential Electrical Inspector
California General Building Contractor
PC832 Level III Certification
Experience: 33 Years
Mr. Daniel P. Crawford Jr., is a Willdan Engineering CBO, CASp, plans examiner and building inspector with more than 33 years of experience including 25 years in Building and Safety. Mr. Crawford’s experience includes plan review of numerous projects in compliance with the California Building, Residential, Plumbing, Mechanical, Electrical, Energy, and Green Codes as well as providing inspections for residential, commercial, and industrial buildings. Mr. Crawford also has extensive experience in CASp related services including plan review and inspections for accessibility compliance.

Relevant CBO Experience
Mr. Crawford is a Certified Building Official completing his examinations in July 2020. With 25 years of Municipal Building Department service and 8 years private residential project management and construction, Mr. Crawford has established a well-rounded understanding and daily application of Building Department Administration. Work experiences in both private industry and municipal cities has contributed to his appreciation in both receiving and providing excellent customer services. Mr. Crawford is a valued team member that has the versatility to perform all Building Department Services assigned.

Relevant Project Experience
Daniel provides CASp plan review and inspection services to a number of our municipal clients. Projects include:
▪ Residential Multi-family
▪ Commercial
▪ City Parks
▪ Precise Grading Plan Review
Relevant Plan Review Project Experience
Mr. Crawford’s experience includes plan review of numerous projects in compliance with the California Building, Residential, Plumbing, Mechanical, Electrical, Energy, Green and State Codes, that include:
• Residential
• Commercial
Relevant Inspector Project Experience
Mr. Crawford has 25 years’ experience performing Municipal combination lead building inspector assignments to include but not limited to all phases of residential, commercial, and industrial development to include:
• Hotels
• Multi-Family
• Commercial
• Residential
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Packet Pg. 801 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Richard Shields, CBI, CBO
Building Official
Profile Summary
Education: Riverside City College, Construction Technology Registration: Certified Building Official, International Code Council Certified Building Inspector, International Code Council Certified Plumbing Inspector, International Code Council Certified Mechanical Inspector, International Code Council Certified Electrical Inspector, International Code Council Experience: 32 Years
Mr. Richard Shields serves as Principal Project Manager for Willdan Engineering serving the Southern California area. In this capacity, Mr. Shields serves as Building Official for numerous cities and municipalities including March JPA, Morongo Band of Mission Indians, City of Loma Linda, and City of Banning. His duties also include the placement of experienced inspectors to fill inspection needs in cities and agencies, providing complex inspections on residential commercial and industrial projects, coordination of conditions of approvals for city projects, and managing project contracts.

Mr. Shields has extensive experience in managing technical staff including building inspector, code enforcement officers and permit counter technicians. He has more than 25 years of Building and Safety experience including Building Official services, building inspection, code compliance and overseeing permit counter services.

Prior to joining Willdan, Richard served as Director of Community Development and Building Official for the City of Grand Terrace. During his tenure with the City, he was responsible for reviewing plan submittal packages, ordinance adoption, budget and policy preparation. He also oversaw and scheduled building inspections and set project conditions of approval, ensuring compliance with California Code regulations and Municipal Code regulations. His responsibilities included conduction inspections on commercial and residential projects, assisting citizens and the development community with technical and general questions brought to the Building and Safety counter.

Mr. Shields also served as Building Official for the City of Highland. In this capacity, he managed the Building and Safety Division and Code Compliance Division. Responsibilities included supervision of Division staff, building inspections, budget preparation, ordinance adoption and policy preparation. Further duties included the creation of a high fire zone ordinance in the foothills of the City and providing information to the California Fire and Forestry Department on fire code compliance issues.

Relevant Project Experience
Building and Safety Services, Various Agencies, CA. Building Official. Provided building official services, plan check services and inspection services to various agencies in Southern California. ▪ City of Adelanto
▪ City of Banning
▪ City of Beaumont
▪ City of Big Bear Lake
▪ City of Brea
▪ City of Chino Hills
▪ City of Coachella
▪ City of Colton
▪ City of Fontana
▪ City of Grand Terrace
▪ City of Highland
▪ City of Loma Linda
▪ March Joint Powers Authority
▪ City of Moreno Valley
▪ Morongo Band of Mission Indians
▪ City of Norco
▪ City of Palm Desert
▪ City of Rancho Mirage
▪ City of Redlands
▪ City of Ridgecrest
▪ City of San Bernardino
Plan Check and Inspection Services, University of California, Riverside. Building Inspector Supervisor. B&S plan check and inspection/civil plan check for the Dundee Residence Hall and Glasgow Dining.

Building and Safety Services, Soboba Tribal Gaming Commission. Building Inspector. Willdan reviewed construction plans and specifications to determine compliance with applicable codes and consistency with contract requirements for the Soboba replacement casino and hotel, which included a 200-room hotel, pool, two restaurants, a food court and sports bar, a 15,000-sq. ft. banquet and meeting facility for conferences and special events. The following reviews were conducted: Building/Structural, Electrical, Mechanical, Plumbing, Life Safety, Fire, OSHA, and ADA.

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Packet Pg. 802 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Richard LaNier
Sr. Building Inspector
Profile Summary
Registration: ICC Certified Residential Building Inspector Experience: 12 Years
Mr. Richard LaNier has more than 12 years of experience in the construction industry, including 3 years of experience as a building inspector.

Richard’s experience includes reviewing building plans and inspecting for correct installation and materials used for state and local code compliance and well as coordination with contractors, municipal staff, and City departments.

Relevant Project Experience
Willdan
Serves as building inspector for Willdan including residential and commercial inspections, in the following jurisdictions:
▪ Moreno Valley
▪ San Bernardino
▪ Fontana
▪ Indian Wells
▪ Loma Linda
▪ Palm Desert
Owner – Direct Electric
Mr. Lanier owned and operated Direct Electric, providing commercial and residential electrical work to customers including running, conduit, panels, transformers, switch gear, pulling wire, wiring devices, estimates and job management.

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Packet Pg. 803 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Sergio Leyva
Sr. Building Inspector
Profile Summary
Education: Victor Valley College – Various Construction Coursework Registration: ICC Building Inspector
Experience: 21 Years
Mr. Sergio Leyva is an expert in all types of construction inspections. His background encompasses experience in combination inspections on OSHPD 3, federal, residential, commercial, third‐party, and industrial projects along with grading inspections, footings, caissons, and NPDES compliance. Mr. Leyva is experienced in the role of building official, code enforcement, grading, ADA, plan checking, electrical, mechanical, building, reinforced concrete, and plumbing inspections.

Relevant Project Experience
On‐Call Plan Review and Inspection Services, City of Rialto, California. Combination Building Inspector responsible for inspections of multi‐story office buildings, commercial buildings, retail outlets, single‐ family residences, medical facilities, educational facilities, and multi‐family residential developments.

Various Services, Various Firms, Riverside and Orange Counties, California. Served in positions with responsibilities such as:
▪ Combination Building Inspector, City of Fullerton responsible for electrical, mechanical, plumbing, building, temporary power poles, grading, and ADA inspections for residential, commercial, and industrial
▪ Independent Third‐Party Reinforced Concrete Inspector, Various Municipalities in San Bernardino, Orange, Los Angeles, and San Diego Counties responsible for conducting all types of concrete inspections on caissons, columns, rebar placement, structural steel concrete parking structures, epoxy on rebar, dowels, all‐thread bolts, and interior and exterior sheer panels.

Inspections encompassed residential, commercial, code enforcement, rehab residential, industrial, and fire‐damaged structures
▪ Combination Building Inspector, Los Angeles Bradley West $1.7 billion airport expansion responsible for all aspects of construction, OSHPOD 3, commercial, federal buildings, and industrial construction
▪ Independent Third‐Party Combination Building Inspector, Various Real Estate Firms responsible for conducting real estate property presale inspections involving as OSHPD 3, electrical, mechanical, plumbing, building, grading, ADA, rehab code enforcement, and fire damage evaluation for residential, commercial, and multi‐ family residential ▪ Quality Control Inspector, Quality Built Inspection Services responsible for inspections on large multi‐family development, multi‐million‐dollar custom high‐end condominiums, tract homes, townhomes, and 100+ unit apartment complexes.

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Packet Pg. 804 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
James Rotondo
Sr. Building Inspector
Profile Summary
Education: Riverside Community College
Associates Degree - Welding
Registration: AWS Certified Welding Inspector
AWS Certified Welder
ICC Structural Welding Special Inspector
ICC Structural Steel & Bolting Inspector
ICC Reinforced Concrete Special Inspector
ICC Commercial Building Inspector
Experience: 20 Years
Mr. James Rotondo has been involved with construction industry for over 20 years and is an accomplished Inspector through ICC and AWS. Mr. Rotondo’s experience includes:

Inspector of Record, (IOR) materials testing, special inspection for structures and deep foundations on such projects as commercial buildings, water treatment plants, pipelines, pump stations hospitals and schools. Responsibilities include certifying to government agencies that buildings and their support utilities systems are constructed in conformity with the approved design and code by verifying the fabrication of materials, evaluating the use of proper procedures and techniques, checking that materials are of proper quality, verifying that work is performed and installed according to approved plans and specifications, providing conformance reports, scheduling of special inspections, interaction with design professionals, and document control during the construction process.

Relevant Project Experience
Building Code Inspection Services, Various Agencies, CA. Inspector. Currently provides special inspections as well as Building Code inspection for the following agencies:
▪ City of Beaumont
▪ City of Rialto
▪ City of San Bernardino
▪ Soboba Tribal Gaming Commission
Harbor UCLA Emergency & Surgery Replacement Project. Lead inspector for special inspection. Duties include; coordinating and performing inspection, scheduling of structural steel and welding, nondestructive testing, fireproofing, rebar and structural concrete, drilled in wedge anchors, epoxy dowels and document control. Project included multi story addition with new elevator tower to existing building.

Rideout Memorial Hospital, Marysville, CA. Inspection of shop fabrication on multi story hospital building. Duties included material identification, scheduling of ultrasonic testing, monitoring of preheat, inspection of Moment and Buckling-Restrained Braces and welding procedures.

Rancho Mirage High School, Palm Springs, CA. Inspection of structural steel, high strength bolting, steel decking, and welding of structural steel and gas pipe. Duties included material identification, scheduling of ultrasonic testing, and document control. Project included 9 buildings consisting of multistory classrooms, gymnasiums, library, theater, central plant, and cafeteria.

Soboba Casino, San Jacinto, CA. IOR and inspector of construction for the new casino. This was a seven story building with a casino and hotel.

City of Beaumont, CA. IOR for three story Amazon Warehouse for the City of Beaumont. Duties included overseeing special inspectors as well as inspection of structural, electrical, plumbing, mechanical and disabled access.

A.25.a
Packet Pg. 805 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Anthony David
Sr. Building Inspector
Profile Summary
Education: Business Management, DeVry University, Pomona, CA Registration: ICC Commercial Building Inspector
ICC Special Inspector
Concrete Field-Testing Technician, Grade 1, ACI
Experience: 21 Years
Mr. Anthony David is a Willdan Engineering senior building inspector with 21 years of experience.

Mr. David is well versed with residential, commercial, and industrial plan reviews, inspections, techniques, materials, and equipment employed in the building construction trades.

Relevant Project Experience
ALVD Consulting, Chino Hills, CA. Project Manager. Mr. David attended construction meetings, logged, responded to RFIs, and Contractor submittals. He led job walks, collaborated with contractors, prepared estimates, and contracts. Mr. David streamlined construction documents utilizing California building codes, international building codes, Office of Statewide Health Planning and Development, Veterans Affairs, Health and Human Services Agency Department of Social Services, and Health Department design standard procedures. He utilized QA/QC planning activity techniques to ensure construction adhered and complied with specifications. He consulted with clientsto adhere with budgets and schedules. He prepared estimates, contracts, and invoices, and timeline and milestones for projects.

RM Construction, Ontario, CA. Construction Project Manager. Mr. David managed day-to-day construction activities and interacted with local agency Inspectors. He utilized QA/QC planning activity techniques to ensure construction adhered and complied with the documents and specifications. Mr. David attended job walks, prepared takeoffs and estimates, and responded to RFP criteria and prepared proposals, contracts, daily journals, budget reports, RFIs, and change orders.

He prepared timeline and milestones for new projects and coordinated project milestones of multiple projects with subcontractors.

Nadel Architects, Ontario, CA. Project Manager. Mr. David assisted in creating a backlog of work by contacting prospective clients and preparing and submitting proposals. When he oversaw projects, Mr. David utilized QA/QC planning activity techniquesto ensure the construction adhered and was in compliance with the specifications. He also attended construction meetings and logged and responded to RFIs and Contractorsubmittals. Mr. David prepared design sketches for new Commercial projects and prepared specifications manualsfor new projects.

LAN Engineering, San Bernardino, CA. CASS Manager/Network Administrator. Mr. David was responsible for the development of construction documents and specifications. He verified ongoing projects (such as Upland High, Val Verde and Citrus Hill High Schools) complied with Client's project program, California building codes, prior to DSA submittal. He also coordinated projects with Designers, Drafters, Consultants and reported to Project Architect.

Parson Brinckerhoff, Los Angeles, CA. Senior Designer. Mr. David utilized Microstation to design 3D models and renderings of future and ongoing projects, reviewed and field verified As-Builts for MTA Light Rail Projects, and utilized UBC, ADA, Caltrans and MTA standardsto design and draft Light Rail Projects.

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Packet Pg. 806 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Daniel Cho
Building Inspector
Profile Summary
Education: California State University, Pomona
BA, English
Registration: Residential Building Inspector
Residential Electrical Inspector
Residential Plumbing Inspector
CALGreen Inspector/Plans Examiner
Experience: 4 Years
Mr. Daniel Cho is a Willdan Engineering building inspector with 3 years of experience. He has the ability to work independently, communicate effectively and maintain professional working relationships with city staff, the public, clients, and contractors. Mr. Cho is available to our southern California clients.

Relevant Project Experience
Willdan – Building Inspector. Mr. Cho is currently providing building inspections to the City of Moreno Valley.

City of Commerce, CA. Building Inspector. Mr. Cho worked with minimal supervision to perform a variety of routine and complex work to include the review of site plans, building permit submittals, as well as on-site inspections to ensure that residential and commercial construction and existing buildings are in compliance with applicable codes and ordinances.

City of West Covina, CA. Building Inspector. Mr. Cho inspected residential, commercial, and other types of buildings and structures in all stages of construction, alteration, and repair; enforced safety regulations and building, plumbing, and electrical codes, and other regulations. He reviewed permit applications and issued permits and examined wiring diagrams, plans, and specifications.

City of Monterey Park, CA. Building Inspector. Mr. Cho under general supervision, inspected a variety of structures being constructed, altered, repaired, or relocated for compliance with State and local codes and ordinances; performs other duties as required. He utilized the permit tracking system to record inspection findings, maintain inspection and permit records and develop notices, forms, reports, and correspondence. Mr. Cho maintained accurate and complete records of building inspections conducted.

City of South Pasadena, CA. Building Inspector. Mr. Cho provided residential and commercial building inspections and investigated possible code enforcement violations, photographed evidence, issued notices of violations for non-compliance, and conducted follow up investigations to ensure code violations were corrected. Mr. Cho provided permits technician and counter services.

City of Seal Beach, CA. Building Inspector. Mr. Cho Provided Building Inspections conducted building plan reviews and proposed construction for code compliance. He conducted field building inspections and issued correction notices for building code compliance. Mr. Cho assisted the public in providing building code and municipal code information both in the field and at the counter.

A.25.a
Packet Pg. 807 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR

CITY OF
MORENO VALLEY Building & Safety Consultant Services
RFQ #2022-052
A.25.a
Packet Pg. 808 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Ashley Cummins
Permit Technician
Profile Summary
Registration: ICC Permit Technician (certification pending) Experience: 3 Years
Ms. Ashley Cummins is available to assist our Southern California clients with permit technician services. Ms. Cummins has more than 3 years of permitting and plan review processing experience.

She is familiar with a number of computer software programs and provides excellent customer service.

Relevant Project Experience
Willdan – City of Moreno Valley, Permit Technician
Permit Technician responsible for:
▪ Plan and permit processing of building and safety projects ▪ Issuing building permits
▪ Scheduling inspectionsfor building inspectors
▪ Customerservice
Permitting Specialist – Lift Energy Construction
▪ Solar permits
▪ Roofing permits
▪ Providing a high level of customer service by effectively dealing with the public, vendors, contractors, and municipal staff
▪ Printing plans and calcs
▪ Basic principles and practices of plan checking and plan review processes ▪ Data entry
▪ Invoices
▪ Quick Books
▪ Record keeping
A.25.a
Packet Pg. 809 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Lauren Scrima
Sr. Permit Technician
Profile Summary
Registration: ICC Permit Technician
Experience: 6 Years
Ms. Lauren Scrima is available to assist our Southern California clients with permit technician services.

Ms. Scrima has more than 6 years municipal permit technician experience and is familiar with a variety of permitting software programs.

Relevant Project Experience
Various Municipal Jurisdictions - Permit Technician.
▪ Educated customers regarding necessary permits and general code compliance of proposed projects
▪ Received and reviewed building applications from customers ▪ Assessed scope of project and relevant permit requirements ▪ Verified that projects have obtained all necessary approvals ▪ Verified professional and contractor licensing
▪ Calculated and verified valuations and fees
▪ Issued permits as authorized
▪ Tracked plan check applicationsfrom submission until approval and routed plan checks to appropriate personnel
▪ Logged inspection requests and prepare field files for daily inspection for building inspections
▪ Prepared Certificate of Occupancy as required
▪ Assisted building inspectors in coordinating inspection requests ▪ Performed clerical duties for building departments as requested A.25.a
Packet Pg. 810 Attachment: Willdan Moreno Valley Proposal B&S (5866 : AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY OF MORENO VALLEY Building & Safety Consultant Services RFQ #2022-052
Sharon Barrett
Sr. Counter Technician
Profile Summary
Education: Crafton Hills College, Yucaipa
Mt. San Jacinto College, San Jacinto
Over-the-Counter Plan Check Permit Technician 2, CBO Training Institute Registration: ICC Permit Technician
Experience: 12 Years
Ms. Sharon Barrett has extensive experience in permitting/plan processing operations of building and engineering departments.

Relevant Project Experience
Cities of Loma Linda, Banning and Desert Hot Springs.

Senior Permit Technician responsible for:
▪ Plan and permit processing of building and safety projects ▪ Issuing building permits
▪ Scheduling inspectionsfor building inspectors
▪ Customerservice
Willdan-San BernardinoOffice. Permit Technician responsible for:
▪ Plan processing of public works and building and safety projectsfor city and county jurisdictions ▪ Monthly reports for all current public works projects and hourly fees associated with projects ▪ Customer relations for private contractors, developers, and city and county jurisdictions Willdan-SacramentoOffice. Permit/Accounts Technician responsible for:
▪ Facilitating plan check review activitiesfor city and county jurisdictional projects and CSU projects consisting of small tenant improvementsto large multi-million-dollarstructures ▪ Calculating applicable fees
▪ Tracking plan check processes from submission until approval; routing plans to appropriate personnel
▪ Performing related duties as assigned
▪ Maintaining records and preparing reports as required ▪ Assisting and advising clients relating to plan check requirements and status of submitted projects ▪ Accepting paymentsfor services
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Packet Pg. 812 Attachment: Willdan Professional Services Agreement for Building Services [Revision 1] (5866 : AUTHORIZATION TO AWARD A.25.b
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Packet Pg. 839 Attachment: Willdan Professional Services Agreement for Building Services [Revision 1] (5866 : AUTHORIZATION TO AWARD Report to City Council
ID#5841 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: June 21, 2022
TITLE: APPROVE MEMORANDUM OF UNDERSTANDING

BETWEEN RIVERSIDE COUNTY DEPARTMENT OF

ENVIRONMENTAL HEALTH AND THE CITY OF MORENO

VALLEY FOR VECTOR CONTROL SERVICES,

ENVIRONMENTAL PLANNING REVIEW, TECHNICAL

ASSISTANCE, AND PLAN REVIEW FOR ONSITE

WASTEWATER TREATMENT SYSTEMS

RECOMMENDED ACTION
Recommendation:

1. Approve the five-year Memorandum of Understanding between the City of Moreno Valley and Riverside County Department of Environmental Health in an amount not-to-exceed $200,000 for vector control services and environmental planning review, technical assistance, and plan review for Onsite Wastewater Treatment Systems, and authorize the City Manager, subject to the approval of the City Attorney, or his designee, to execute the Memorandum of Understanding and any subsequent amendments in accordance with the terms of the Memorandum of Understanding.

2. Authorize the Purchasing Division Manager, or her designee, to approve a Purchase Order to Riverside County Department of Environmental Health, in accordance with the approved terms of the Memorandum of Understanding.

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

SUMMARY
This report recommends approval of a five-year Memorandum of Understanding (MOU) between the City of Moreno Valley (City) and the County of Riverside, Department of A.26
Packet Pg. 840

Environmental Health (RIVCOEH), to provide vector control services and environmental planning review, technical assistance, and plan review for onsite wastewater treatment systems, commonly referred to as “septic systems.”
State Water Resources Control Board resolutions and policies outline allowing agencies to utilize RIVCOEHs for technical services relating to septic systems. Currently, RIVCOEH is providing these services for City commercial and residential customers and this MOU is to formally define working relationships between the City and RIVCOEH in providing technical services and work approval to City customers. The proposed MOU provides the broad framework for cooperation and support between the City and RIVCOEH in assisting residents who require septic tank installation or maintenance.

Currently, vector control services and Onsite Wastewater Treatment System technical services are provided under separate County of Riverside MOUs. This new MOU integrates both services into a single Memorandum of Understanding.

DISCUSSION
Vector Control Services
RIVCOEH provides vector control services throughout the County of Riverside.

RIVCOEH has provided similar services to the City of Moreno Valley since 2002 and currently provides services to 21 other cities throughout the county.

RIVCOEH is responsible for maintaining public safety. RIVCOEH's Vector Control Program has a mission to foster a healthy community by protecting the residents of the county from animals and insects that transmit pathogens that can cause human illness.

RIVCOEH Staff responds to complaints throughout the unincorporated area of the county and in cities with contracts to provide identification, consultation, and abatement services
Technical Assistance – Onsite Wastewater Treatment Systems On June 19, 2012, the State Water Resources Control Board adopted Resolution No. 2012-0032, which approved the Onsite Wastewater Treatment System (OWTS) policy.

This policy regulates the siting, design, operation, and maintenance of onsite wastewater treatment systems. These systems typically are septic tanks and leach field systems or enhanced individual systems that discharge primarily domestic wastewater to the ground.

The Policy contains tasks and associated timelines for Local Agencies, that wish to continue to permit OWTS, to produce a Local Agency Management Program (LAMP) for State Water Resources Board approval. The Policy also provides alternative guidelines for regulation, installation, and maintenance of OWTS, which if met, allows local agencies to rely on a regional LAMP.

Riverside County cities within the Santa Ana Regional Water Quality Control Board jurisdiction can develop a formalized MOU with RIVCOEH that allows RIVCOEH to A.26
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provide technical services for regulation, installation, and management of OWTS under RIVCOEH’s approved LAMP.

The MOU identifies specific responsibilities of the City and RIVCOEH under RIVCOEH’s LAMP. RIVCOEH currently provides technical plan review services to the City and the approved MOU will allow RIVCOEH to continue to provide these technical services. All fees incurred with RIVCOEH’s services will be borne by the customer through invoicing directly by RIVCOEH.

Currently, vector control services and Onsite Wastewater Treatment System technical services are provided under separate County of Riverside MOUs. This new MOU consolidates both services into a single Memorandum of Understanding.

ALTERNATIVES

1. Approve the recommended Memorandum of Understanding between the City and RIVCOEH for vector control and OWTS technical assistance services relating to septic tanks within the City. Staff recommends this alternative as it continues the existing level of service and allows the City to utilize RIVCOEH’s expertise and technical knowledge of septic tank services in support of City commercial and residential customers.

2. Do not approve the Memorandum of Understanding between the City and RIVCOEH for vector control and technical services relating to septic tanks within the City. Staff does not recommend this alternative.

FISCAL IMPACT
The City Council allocates the vector control program expenditure budget through the two-year budget cycle. Funding remains contingent on continued approval and appropriation from City Council.

This MOU includes increased vector control program costs in the not-to-exceed amount.

Approval of staff recommendations will obligate the City to a FY 2022/23 increased expenditure of $6,000 for vector control program services.

Description Fund GL Account
Project Number Type
FY22/23
Amended
Budget
FY22/23
Proposed
Adjustment
FY22/23
Revised
Budget
Agency Svcs -
Cnty
General
Fund
1010-20-26-20110-620320 EXP $34,000 $6,000 $40,000
This MOU does not create any financial commitments from one party to the other for OWTS technical services.

All applicable County fees, as established by the County ordinance, are paid by project A.26
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applicants directly to RIVCOEH, and any City permit fees are paid by the applicant directly to the City

NOTIFICATION
The posting of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

James Verdugo Manuel A. Mancha, Community Development
Building & Safety Supervisor Director
Concurrence By:

Robert Alvarez
Code & Neighborhood Services Supervisor

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

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

1. MOU City of Moreno Valley - RivCo DEH
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APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 10:59 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/10/22 6:17 PM
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1 MEMORANDUM OF UNDERSTANDING BETWEEN

RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH

AND THE CITY OF MORENO VALLEY
This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF Moreno Valley, hereinafter referred to as “CITY” and the COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred to as “COUNTY”, to be effective on the date approved by both parties.

I. RECITALS
WHEREAS, CITY desires the COUNTY to provide Vector Control Services that include mosquito surveillance and control, and fly, rodent and cockroach advice.

Community awareness, public presentations, consultations, and public education with flyers and booklets can also be provided upon request; and WHEREAS, CITY has or shall promptly adopted Riverside County Ordinance No. 523, codified in Chapter 8.36 et. Seq. of the County Code, and desires the County to enforce said ordinances; and
WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with the Riverside County Local Agency Management Program (LAMP) (the “Services”); and WHEREAS, CITY does not have an approved LAMP, does not have any existing OWTS ordinances, or rules and regulations; and
WHEREAS, CITY agrees to enact necessary regulation to allow for billing of fees by COUNTY for services to be rendered, according to Riverside County Ordinance No. 640, and
A.26.a
Packet Pg. 845 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 2 WHEREAS, COUNTY has personnel with sufficient training and expertise to provide such services noted above and as requested by the CITY, and WHEREAS, COUNTY is prepared to provide such services under the terms and conditions set forth in this MOU; and
WHEREAS, CITY and COUNTY agree to now enter into this MOU for a period of five (5) years; and
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties mutually agree as follows:

II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY in II.C.

B. TERM
The term of this MOU shall be five (5) years, beginning July 1, 2022, and terminating June 30, 2027. The effective date of this MOU shall be July 1, 2022.

C. SERVICES TO BE RENDERED
1) General Comment on COUNTY Services
a) COUNTY will only respond to complaints referred directly by CITY staff to COUNTY and only for the services noted in 2, 3, and 4 of this part. Citizen complaints received by COUNTY will be referred to CITY for approval.

A.26.a
Packet Pg. 846 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 3 b) COUNTY will only provide the services noted in 2, 3, 4 and 5 of this section at the request of CITY.
c) COUNTY will provide services noted in 6, 7 and 8 for any plans submitted directly to COUNTY.
2) Mosquito Control Services
a) COUNTY will respond to complaints and requests for assistance concerning mosquitoes and, when appropriate, take action(s) to abate or control the vector(s).
b) COUNTY will conduct mosquito surveillance and control activities, including, but not limited to, fact-finding, inventory of breeding sources, education and consultation, issuing notices of violation, following-up with the offending party when necessary, appearing in court as witness, and taking direct control action to include biological and chemical control when necessary. c) COUNTY will investigate human West Nile virus cases for potential breeding sources.
3) Bee Control Services
a) COUNTY will respond to complaints and requests for assistance concerning bees and, when appropriate, take action(s) to abate them. b) COUNTY will maintain a program of public education and consultation in bee identification and management.
4) Other Vector Control Services
COUNTY will respond with information and advice to requests for assistance and to complaints. COUNTY will not provide chemical or biological treatment of house vectors. Other vectors include, but are not limited to flies, cockroaches, foodinfesting pests and insects, ticks, mites, lice, fleas, and bed bugs; venomous insects such as wasps, yellow jackets, hornets and ants; other venomous arthropods such as scorpions and spiders, and vertebrate pests and vectors such A.26.a
Packet Pg. 847 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 4 as native rodents, rattle snakes, pest birds, bats and skunks, among others. 5) Plan Review Services
COUNTY will provide plan review of OWTS for commercial and residential applications within the CITY. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the Riverside County LAMP. Requests for an OWTS shall be accompanied by a City application or building permit and shall be presented in person by the project proponent to a County Environmental Health office for their review. The project proponent shall be responsible for the payment of any applicable fees, as established in Riverside County Ordinance No. 640 and codified in Riverside County Code, Ch. 4.52, as may be modified from time to time, for the type of review requested at the time of submission of the request, to cover the cost of services provided. All such review shall be provided within fifteen (15) working days of submittal of a completed application.
6) Planning Review: COUNTY will provide environmental planning review to the CITY for all residential and commercial projects proposing OWTS, for the sole purpose of ensuring compliance with Riverside County LAMP. The project proponent shall be responsible for the payment of any applicable fees, at the hourly rate established in Riverside County Ordinance No. 640 and codified in Riverside County Code, Ch. 4.52, as may be modified from time to time, to cover the cost of services provided. All such reviews shall be provided within (20) twenty working days of request for such services.
7) Inspection/Review of Annual Evaluation for Advanced Treatment Systems (ATS):

COUNTY will provide inspection and/or review of the annual evaluation report for ATSs as required in the Riverside County LAMP. The project proponent and/or homeowner shall be responsible for the payment of any applicable fees, as established in Riverside County Ordinance No. 640 and codified in Riverside A.26.a
Packet Pg. 848 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 5 County Code, Ch. 4.52, as may be modified from time to time, to cover the cost of services provided.
8) OWTS Excluded Services
Services to be rendered specifically exclude COUNTY response to, and enforcement of any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any ordinances or regulations necessary to enforce the correction of any failure of any OWTS, and to enforce in a manner consistent with the Riverside County LAMP.
9) Conflicting OWTS Regulations
CITY shall rescind or suspend for the duration of this agreement and any subsequent renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also enact necessary implementation ordinances, regulations or other laws that would allow the provisions of the LAMP to control within the CITY’s border and also that would allow COUNTY to provide services under the LAMP.

D. PAYMENT FOR SERVICES
1) Services in Section II, C parts 2, 3, and 4
a) CITY agrees to pay COUNTY at the rate in Riverside County Ordinance No. 640 for the cost of specific services rendered to CITY residents. CITY accepts the rate established in Riverside County Ordinance No. 640 as the total hourly cost to COUNTY to provide said services; CITY agrees to pay COUNTY such rate for all the time spent rendering such services as described herein, including travel time, and time spent attending City meetings. In addition, CITY shall reimburse COUNTY for actual costs of pesticides and supplies used.

Additional costs for other services, such as aerial application of pesticides, or aerial photography, shall be approved in advance by the CITY.

A.26.a
Packet Pg. 849 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 6 b) COUNTY shall submit itemized billings for the items as outlined in Attachment “A” of Agreement to CITY on a quarterly basis, for all services rendered. CITY agrees to pay all such non-disputed charges within sixty (60) days of receipt of itemized statements therefore.
c) All administrative citation amounts charged by the COUNTY against CITY residents and/or businesses for any of the actions taken by COUNTY shall be used to offset against amounts charged to the CITY minus the cost of processing the citation, which would be retained by the COUNTY. d) The cost of this MOU to the CITY shall be limited to $40,000 annually, not to exceed $200,000 for 5 year contract period. COUNTY is not obligated to provide services that will exceed the $40,000 annual or $200,000 total cost cap. 2) Services in Section II.C5 – 7
CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any applicant for services rendered in accordance with Section II.C, subdivisions 5, 6, and 7.

E. PERSONNEL
The services provided by the COUNTY shall be performed by COUNTY personnel under the control and direction of COUNTY. To the extent that CITY personnel may also participate in any of the activities herein provided for, any expenses incurred by the CITY in this process shall be borne by CITY.

F. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) CITY agrees to defend, indemnify, and hold harmless COUNTY, its directors, officers, agents, Board of Supervisors, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of COUNTY, its officers, A.26.a
Packet Pg. 850 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 7 employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY under this MOU, its officers, agents, employees, subcontractors, agents or representatives. 2) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782.

Such interpretation shall not relieve CITY from indemnifying the COUNTY to the fullest extent allowed by law.
3) With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of COUNTY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’S indemnification to COUNTY as set forth herein. CITY’S obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY’S expense, for the defense or settlement thereof. CITY’S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
4) COUNTY agrees to defend, indemnify, and hold harmless CITY, its directors, officers, agents, City Council, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to A.26.a
Packet Pg. 851 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 8 this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY under this MOU, its officers, agents, employees, subcontractors, agents or representatives. 5) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782.

Such interpretation shall not relieve COUNTY from indemnifying the CITY to the fullest extent allowed by law.
6) With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of CITY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’S indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at CITY’S expense, for the defense or settlement thereof.

COUNTY’S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.
7) Insurance Requirements: COUNTY will comply with the following insurance requirements at its sole expense:
a. 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 A.26.a
Packet Pg. 852 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 9 persons whomever, resulting directly or indirectly from any act or activities of the COUNTY, its officers, agents, employees, subcontractors, agents or representatives acting for the COUNTY or under its control or direction in the course of carrying out the MOU. 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:
i. Bodily Injury $1,000,000 per occurrence/$2,000,000 aggregate ii. Property Damage $500,000 per occurrence/$500,000 aggregate b. Worker’s 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 both the COUNTY and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the COUNTY in the course of carrying out the MOU. This coverage may be waived if the COUNTY is determined to functioning as a sole proprietor and CITY provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement.
c. Liability and Property Damage Insurance coverage for owned and nonowned automotive equipment operated on CITY premises. Such coverage limits shall not be less than $1,000,000 combined single limit.

The insurance requirements contained in this MOU may be met with a program of self-insurance.

The terms of the insurance policy or self-insurance program to provide the above coverage shall neither be amended to reduce the required insurance limits and coverage nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the CITY, except that cancelation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event the A.26.a
Packet Pg. 853 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 10 insurance is canceled, the COUNTY shall, prior to the cancellation date, submit to the Risk Manager new evidence of insurance in the amounts established.

III. RECORDS
County agrees to maintain records and documentation of the services rendered and supplies used pursuant to this Agreement for a period of five (5) years past the close of each calendar year. Such records or copies thereof shall be accessible to CITY for review upon reasonable notification by CITY without copying charges.

IV. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties.

V. TERMINATION
Either CITY or COUNTY may terminate this MOU at any time by giving thirty (30) day written notice with or without cause to the designated contacts. Upon receipt of any notice of termination on the agreed upon effective date of termination, services shall cease thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual inspection shall revert to the CITY for inspection and permitting. Any fees paid to the COUNTY for an annual permit prior to notification of termination, shall not be refunded by the COUNTY.

Termination of this agreement does not terminate the parties’ responsibility for payment of prior services rendered.

The CITY shall be responsible for payment of all services rendered by COUNTY prior to the effective termination date of this MOU.

A.26.a
Packet Pg. 854 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 11 VI. COMPLETE MEMORANDUM OF UNDERSTANDING
This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral MOU, agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral MOU, agreement or representation be binding upon the parties hereto. Any previous agreements between the CITY and COUNTY, whether oral or written, with regards to the activities outlined in Section II.C of this MOU, shall be supplanted by this MOU, including without limitation the Agreement between the City of Moreno Valley and the County of Riverside for Vector Control Services with a termination date of June 30, 2022; and the Memorandum of Understanding between Riverside County Department of Environmental Health and the City of Moreno Valley executed on October 2, 2018 (collectively, the “Previous Agreement”). Without limiting the generality of the forgoing, the parties hereto expressly agree that the Previous Agreements are automatically terminated and of no further force or effect upon the effective date of this Agreement, notwithstanding the termination procedures set forth in said agreements. Other agreements or contracts between the CITY and COUNTY, not involving the services listed in this MOU, shall be unaffected by this MOU.

VII. JURISDICTION/VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the State of California. CITY and COUNTY agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU, and further agrees that venue of any action brought hereunder shall be exclusively in the County of Riverside.

VIII. NOTICE
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Packet Pg. 855 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 12 All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:

CITY: COUNTY:

Community Enhancement
& Neighborhood Services
City of Moreno Valley
P.O. Box 88005
14177 Frederick Street
Moreno Valley, CA 92552-0805
Attn: Community Enhancement
& Neighborhood Services Supervisor
Department of Environmental Health
Riverside County
P.O. Box 7909
4065 County Circle Dr., Room 104
Riverside, CA 92513-7909
Attn: Brent Casey
IX. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING
Both CITY and COUNTY do covenant that each individual executing this MOU on behalf of each party is a person duly authorized.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed and effective on the date of the last signature.

CITY OF MORENO VALLEY
________________________________
Mike Lee, City Manager
Date:_________________________
APPROVED AS TO LEGAL FORM:

City Attorney
Date
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Packet Pg. 856 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN A.26.a
Packet Pg. 857 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN 14 ATTACHMENT “A”

CITY OF MORENO VALLEY QUARTERLY BILLING STATEMENT

COUNTY OF RIVERSIDE

DEPARTMENT OF ENVIRONMENTAL HEALTH
(Billing Timeline Dates), 20XX
As per the Agreement signed between the County of Riverside, Department of Environmental Health and the City of Moreno Valley this is the Quarterly Billing Statement for activities performed by Environmental Health.

Attached is documentation of activities performed, hours expended, and any pesticides or supplies used.

The total amount billed for this quarterly period is: $ (Amount) A.26.a
Packet Pg. 858 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN Ord. 640 – Page 1
ORDINANCE NO. 640
(AS AMENDED THROUGH 640.10)

AN ORDINANCE OF THE COUNTY OF RIVERSIDE
AMENDING ORDINANCE NO. 640 ESTABLISHING ENVIRONMENTAL HEALTH

SERVICES FEES
Section 1. Definitions.

Whenever in this Chapter the following terms are used, they shall have the meanings respectively ascribed to them in this Section. "Department" means the County Department of Environmental Health. "Director" means the Director of the Department of Environmental Health for the County, or his or her designated representative.
"Person" means any person, firm, partnership, corporation, association, club, organization or governmental entity.
"Receipt" means a Riverside County Department of Environmental Health fee receipt which indicates fees have been paid for an activity covered by this Chapter. "Receipt" shall also mean service fee or fee.
"Permit" means the certificate issued by the Director which allows a facility to operate. The issuance of this permit does not indicate or imply that the facility is in compliance with all State and County regulations related to its operation; and may be suspended or revoked by the Department. (Ord. 640.4 § 1, 1997) Section 2. Purpose and Authority.

The purpose of this Chapter is to establish fees sufficient to offset the expenses of the Director in enforcing State statutes, orders, quarantines, rules and regulations relating to public or environmental health, which expenses are found not to be met by the fees prescribed by the State of California. The authority for this Chapter is contained in Section 101325 of the California Health and Safety Code and in Section 43213 of the Public Resources Code. (Ord. 640.5 § 1, 2000; Ord. 640.4 § 2, 1997) Section 3. Area of Application.

This Chapter shall be enforceable within the area in which the Director enforces any State statute order, quarantine, rule, regulation or ordinance relating to public or environmental health, including incorporated as well as unincorporated territory. (Ord. 640.4 § 3, 1997)
Section 4. Exception to Area of Application.

Notwithstanding the provisions of Section 4.52.030, any provision of this Chapter which is duplicated in scope by a valid municipal ordinance shall not be applicable in the incorporated territory affected by such municipal ordinance. (Ord. 640.4 § 4, 1997) Section 5. Separate Activities.

Except as to vending machines and certain hazardous materials management activities, if a person shall conduct more than one of the activities for which a receipt is ATTACHMENT "B"
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Packet Pg. 859 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN Ord. 640 – Page 2
required, that person shall obtain a separate receipt for each such activity. (Ord. 640.4 § 5, 1997)
Section 6. Period of Receipt.

A receipt issued under this Chapter may be issued at any time during the year. All such receipts shall expire annually on the one year anniversary of the date of issuance, except for the following:

A. A receipt for Certificate of Competency relating to the inspection of a backflow prevention device, which receipt shall be valid for a period of three years from its issuance and shall expire the thirtieth day of September of the third year.

B. A receipt relating to a temporary food facility or occasional event which receipt shall be valid for no longer than twenty-five (25) or three days respectively in a ninety (90) day period from the effective date of such receipt, as evidenced thereon.

C. A receipt relating to a vending machine, mobile food facility, mobilehome park, recreational vehicle park, incidental camping area, shall be valid until the thirty-first day of December of the calendar year in which such receipt is issued.

D. A receipt relating to a temporary recreational vehicle park which receipt shall be valid for eleven (11) days from the effective date of such receipt, as evidenced thereon.

E. If an initial application for a liquid waste hauler or medical waste generator receipt is made after the first three months of the calendar year, the fee shall be calculated on a pro rated basis by quarter of the year and shall be rounded off to the nearest dollar.

F. A receipt for the annual operating permit for public water systems, State Small Water Systems or Labor Camp Water Systems shall be valid from July 1st, to June 30th of each fiscal year. (Ord. 640.4 § 6, 1997)
Section 7. Delinquency Dates and Penalties.

A. The delinquency date shall be, in the case of an initial application, the thirty-first day after commencement of the activity except as to the following:

1. Temporary food facility or occasional event, in which case the receipt specified in this Ordinance shall be delinquent if not obtained earlier than ten working days prior to the day such activity is commenced;

2. Temporary closure of an underground storage tank which shall comply with the requirements as contained in Chapter 8.140, (Ordinance 617); B. The delinquency date shall be, in the case of renewal, the thirtieth day following the expiration date shown on the receipt.

C. Except as provided in Subsection (A)(1) and (2) of this Section, the delinquency date of a temporary receipt issued pursuant to this Chapter shall be the second day after the commencement of the activity.

D. If any fee specified is not paid prior to the delinquency date, the applicant shall pay, in addition to such fee, a penalty in the amount of twenty (20) percent of such fee; if any fee specified is not paid within thirty (30) days of the delinquency date, the applicant shall pay in addition to such fee, a penalty in the amount of one hundred (100) percent of such fee, except as to the following:

1. If the fee specified in this Chapter for a mobile home park, recreational vehicle park, incidental camping area is not paid prior to the delinquency date, the penalties for delinquency shall be as follows:

A.26.a
Packet Pg. 860 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN Ord. 640 – Page 3
a. If such fees are paid on or after the first day of February and prior to the first day of March of the applicable calendar year, the applicant shall pay, in addition to the fee specified in Section 4.52.130, a penalty of the amount of ten (10) percent of such fee.
b. If such fees are paid on or after the first day of March of the applicable calendar year, the applicant shall pay, in addition to the fee specified in Section 4.52.130, a penalty in the amount of one hundred (100) percent of such fee. (Ord. 640.4 § 7, 1997)
Section 8. Temporary Receipts.

If the applicant for a receipt shows, to the satisfaction of the Director, that because an activity is of a seasonal nature, or because of statutory or ordinance regulations, or because of termination or loss of lease, or because of acquisition by the public of the premises on which the activity is situated, or because of similar reasons which are adequately documented, such activity can only be carried on for a limited period of time, not to exceed three-quarters of a year, a temporary receipt may be issued for such period and the fee shall be calculated on a pro rata basis by quarters of the year and rounded off to the nearest dollar amount. (Ord. 640.4 § 8, 1997)
Section 9. Receipt Applications.

Applications for receipts shall be filed with the Department on a form to be provided by the Department. Completed applications shall be accompanied by the required fee and penalty, if any. Unless otherwise provided in this chapter, such fees shall not be refundable. (Ord. 640.4 § 9, 1997)
Section 10. Transfer of Receipt.

A. No receipt issued pursuant to this Chapter shall be transferable unless a transfer fee for such receipt is provided as required in Section 4.52.130.

B. Where a receipt issued pursuant to this Chapter is transferable, such transfer may be accomplished upon application to the Department therefore such transfer application shall be made on a form provided by the Department and the completed application shall be accompanied by the required transfer fee as provided in Section 4.52.130. (Ord. 640.4 § 10, 1997)
Section 11. Posting of Receipt.

Every person having a valid receipt issued pursuant to this Chapter shall post such receipt in a conspicuous place selected by the Director, showing the appropriate fees have been paid. (Ord. 640.4 § 11, 1997)
Section 12. Posting of Permit.

Every person issued a valid permit pursuant to this Chapter shall post the permit in a conspicuous place selected by the Director. The permit may be revoked by the Director for a facility’s noncompliance with County, State and Federal laws and regulations. (Ord. 640.4 § 12, 1997)
Section 13. Required Fees.

No person, corporation, association, firm, business or entity shall operate, perform, carry on, conduct or engage in any of the activities delineated in this Section without A.26.a
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paying the fee listed in this section for the activity and obtaining a receipt therefore from the Department of Environmental Health.

1. Food facility, as defined in Section 113789 of the California Health and Safety Code:
a. Per food facility
1 - 2,000 square feet $525.00
b. Per food facility
2,001 - 5,999 square feet $792.00
c. Per food facility
6,000 square feet or more $1,101.00
d. Per food facility 10 - 200 square feet
dealing in 100% prepackaged food only $189.00
e. Each additional food operation within a food
facility 6,000 square feet or more $144.00
f. Upon inspection and/or reinspection of the
facility exceeding four previous inspections
and/or reinspections per permit year for
each hour or fraction thereof $137.00
g. Public and Private Schools
100% prepackaged or limited food preparation as determined by the Department
Per site $189.00
Receives food only from a central kitchen or facility; or only performs limited food preparation (such as heating or re-heating, or limited food assembly) as determined by the Department Per site $375.00
Extensive food preparation or handling (such as a small, medium or central kitchen) as determined by the Department
Per site $749.00
h. Hotels and Motels
100% prepackaged food $189.00
Limited food preparation as determined
by the Department $375.00

2. Caterer, a food facility as defined in Section 113789 of the Health and Safety Code, operated for the purpose of catering parties, banquets, weddings, and other special events:
a. Per caterer $346.00

3. Commissary, as defined in Section 113751 of the California Health and Safety Code
a. Per commissary $398.00

4. Seasonal, nonprofit snack bar (which is considered a food facility as defined in Section 113789 of the California Health and Safety Code) operated by a nonprofit organization including but not limited to Little League, Pop Warner, or American Youth Soccer, per year at the same location:
a. Per seasonal nonprofit snack bar, operating
for no longer than six (6) consecutive months
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per year. $105.00

5. Produce stand, as defined in Section 113879 of the California Health and Safety Code:
a. Per produce stand $496.00

6. Restricted Food Service, (per section 113893 of the California Health and Safety Code) (Such as “Bed and Breakfast” operations) with 20 rooms or less $285.00

7. Food workers certification testing, as provided for in Riverside County Code Chapter 8.44, (Ordinance No. 567):
a Per each test $18.00
b. Cost for issuing a duplicate card $3.00

8. A Community Event is defined in Section 113755(b) of the California Health and Safety Code as an event that is of a civic political, public, or educational nature; including state and county fairs, city festivals, circuses, and other similar events as determined by the Department.

The following permit requirements of this section concern activities related to a “community event”.
a. A “Temporary Event” is an event where “Temporary
Food Facilities”, as defined in Section 113930 of the
California Health and Safety Code, shall not operate
in excess of 25 consecutive or non-consecutive days
in any 90 day period in conjunction with a “Community
Event”. (In Riverside County such events include but
are not limited to “street fairs”, “taste of” events, or the Indio Date Festival.) The following permits are
required for each community event:
i. Event Organizer Permit. This requirement is defined
in Section 114381.1of the California Health and
Safety Code. It requires the event organizer to
obtain the permit ten (10) working days prior to the
start of the community event.
1-5 vendors
6-10 vendors
11-20 vendors
21-30 vendors
31-40 vendors
41-50 vendors
51-60 vendors
61-75 vendors
76-100 vendors
101-125 vendors
126 vendors or more
$142.00
$196.00
$249.00
$303.00
$356.00
$410.00
$463.00
$517.00
$570.00
$624.00
$677.00
ii. Temporary Food Facility Permit. This is required for each temporary food facility, more commonly
referred to as a “Food Booth”, which have any
unpackaged food items, any pre-packaged
perishable food items, or perform any food
preparation activities. $161.00

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iii. 100% Pre-packaged Temporary Food Facility
Permit. This is required for each temporary food
facility, more commonly referred to as a “Food
Booth”, which service only 100% pre-packaged,
non-perishable foods. $86.00
iv. Stationary Mobile Food Preparation Unit Permit.

These mobile food facilities are more commonly
referred to as trailers, step vans, etc.

These units must be approved as to their
construction by this Department. A separate permit
is required for each unit. $114.00
b. An “Occasional Event” is defined as an event where
Temporary Food Facilities may operate no more than
three (3) days in any 90 day period. (In Riverside
County, such events include but are not limited to the
“Orange Blossom Festival”, the “Tamale Festival”, and
church festivals) The following permits are required for each occasional event:
i. Event Organizer Permit. This requirement is defined
in Section 114381.1 of the California Health and
Safety Code. It requires the event organizer obtain
the permit ten (10) working days prior to the start of
the community event.
1-5 vendors
6-10 vendors
11-20 vendors
21-30 vendors
31-40 vendors
41-50 vendors
51-60 vendors
61-75 vendors
76-100 vendors
101-125 vendors
126 vendors or more
$142.00
$196.00
$249.00
$303.00
$356.00
$410.00
$463.00
$517.00
$570.00
$624.00
$677.00
ii. Occasional Food Facility Permit. This is required
for each occasional food facility, more commonly
referred to as a “Food Booth”; which have any
unpackaged food items, pre-packaged perishable
food items, or perform any food preparation
activities. $79.00
iii. 100% Pre-packaged Occasional Food Facility
Permit. This is required for each occasional food
facility more commonly referred to as a “Food
Booth” which serve only 100% pre-packaged,
non-perishable foods. $49.00
iv. Stationary Mobile Food Preparation Unit Permit.

These mobile food facilities are more commonly
referred to as trailers, step vans, etc.

These units must be approved as to their
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construction by this Department. A separate
permit is required for each unit. $63.00
c. Community event discounted permit fees. If the event organizer of a “Community Event” meets the following provisions, a discount as outlined below will be applied to food vendors operating at the event and the “Event Organizer Permit” fee will be waived:

Provide the Department with a complete list of all food vendors, which will operate at the event at least two weeks prior to the start of the event.

The list must include the owners name, business name, address, telephone number and category of operation as listed above, for each food vendor.

Pay in full all permit fees required by this Department for each food vendor at least two weeks prior to the start of the event.

Food vendors found at the Community Event that were not included on the list provided by the Event Organizer will not receive the discounted rate.

Temporary Events
1-5 vendors $556.00
6-10 vendors $1,054.00
11-20 vendors $2,049.00
21-30 vendors $2,991.00
31-40 vendors $3,988.00
41-50 vendors $4,985.00
51-60 vendors $5,981.00
61-75 vendors $7,477.00
76-100 vendors $9,969.00
101 or more vendors $12,462.00
Occasional Events
1-5 vendors $162.00
6-10 vendors $259.00
11-20 vendors $459.00
21-30 vendors $713.00
31-40 vendors $968.00
41-50 vendors $1,211.00
51-60 vendors $1,452.00
61-75 vendors $1,816.00
76-100 vendors $2,421.00
101-125 vendors $3,026.00
125 or more vendors $3,633.00

9. Food Sales at Swap Meets: Food sales at swap meets are limited to the two following activities: Mobile Food Facilities (see Section 4.52.120, Section 10, a, b, c, and d) and Swap Meet pre-packaged food stands. a. Swap Meet 100% pre-packaged, non-potentially
hazardous food stand. $116.00

10. Mobile Food Facility, as defined in Section 113831 of the California Health and Safety Code:

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a. Per each mobile food facility, must be 100% prepackaged foods (ice cream trucks, “cold trucks”, etc.) $299.00 b. Per each 100% pre-packaged mobile food facility
(tamale push cart, ice cream push cart, etc.) $116.00
c. Per each unpackaged mobile food facility (hot dog carts, espresso carts, shaved ice carts, etc). $422.00
d. A mobile food facility, motorized or unmotorized; limited to selling only whole, uncut produce $181.00

11. Certified farmers’ market as defined in Section 113742 of the California Health and Safety Code:
a. Per certified farmers’ market $360.00

12. Christmas operations; profit or nonprofit food establishment or food facilities operating from November 26th to December 31st:
a. Per Christmas operation $92.00

13. Vending machine, as defined in Section 113938 of the California Health and Safety Code:
a. Per vending machine $60.00

14. Public swimming pool, as defined in California Code of Regulations, Title 22, Section 65501(Includes wading or special use pool):
a. Per public swimming pool $305.00

15. Public spa pool, as defined in California Code of Regulations, Title 22, Section 65501:
a. Per public spa pool $305.00

16. Plan check fees and on-site evaluations:
a. Plan check for food facility, as defined in Section 113785 of the California Health and Safety Code.
i. New food facility 1 - 200 square feet, for
each set of plans $636.00
ii. New food facility 201 - 1,499 square feet,
for each set of plans $1,121.00
iii. New food facility 1,500 - 2,999 square feet,
for each set of plans $1,345.00
iv. New food facility 3,000 - 5,999 square feet,
for each set of plans $1,496.00
v. New food facility 6,000 - 9,999 square feet,
for each set of plans (not including any
additional satellite food facilities) $1,646.00
vi. New food facility 10,000 - 19,999 square
feet, for each set of plans (not including any
additional satellite food facilities) $1,981.00
vii. New food facility 20,000 or more square
feet, for each set of plans (not including any
additional satellite food facilities) $2,617.00
viii. Where existing food facility for which a valid receipt has been issued, pursuant to this chapter, is remodeled or renovated. The plan check fee for each set of plans shall be based on the total square footage being remodeled or renovated with the same plan check fee as that for a new food facility of the same size, as specified elsewhere in this chapter.

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ix Minor remodeling (as defined by this Department)
of existing food facilities. $364.00
b. Where on-site evaluation of a previously operating food facility not in current operation is requested in lieu of or in addition to submission of a construction, remodeling or renovation plan, the fees for such on-site evaluation shall be in addition to such plan check fees, as specified elsewhere in this chapter.
i. Each hour, or fraction thereof, of on-site
evaluation $137.00
c. For plan check of unpackaged food carts, as defined in Section 27340 of the California Health and Safety Code.
i. All unpackaged mobile food facilities $448.00
d. Incidental pre-packaged food facilities where food sales are not the primary retail item:
i. 1 - 2,999 square feet, for each set of plans $365.00 ii. 3,000 - 7,999 square feet, for each set of plans $730.00 iii. 8,000 square feet and larger, for each set of plans $1,095.00 e. For plan check of public swimming pools, as provided for in the California Code of Regulations, Title 22, Section 65505:
i. Swimming pool 1 - 1,000 square feet, for each set
of Plans
$1,046.00
ii. Swimming pool over 1,000 square feet for each
set of Plans
$1,496.00
iii. All spa pools $1,046.00
iv Minor remodeling (as defined by this Department)
of existing pool facilities $364.00
f. Where on-site evaluation of a pool or spa facility is requested in lieu of or in addition to submittal of plans (and corresponding plan check fees paid) i. Each hour, or fraction thereof, of on-site
evaluation
$137.00

17. Requested or mandated inspections, reinspections, consultations, site visits, response to illegal or unpermitted activities or any time spent to abate violations related to a business, home, or property; not supported by fees or otherwise provided for in this chapter:
a. For each hour, or fraction thereof $137.00

18. Poultry Ranches:
a. Each commercial poultry ranch $784.00

19. Mobilehome park, recreational vehicle park, temporary recreational vehicle park, and incidental camping area, as defined, respectively, in Section 18214, 18215, 18217 and 18208 of the California Health and Safety Code:
a. Per mobilehome park, recreational vehicle park, or
incidental camping area $25.00
i. For each mobilehome lot in a mobilehome park, add to fee $6.00 ii. For each recreational vehicle lot, add to fee $2.00 b. Temporary recreational vehicle park $25.00
c. Change of name or transfer of ownership of mobilehome park, recreational vehicle park, temporary recreational
vehicle park, or incidental camping area $10.00
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d. Amendment of permit, other than change of name or
transfer of ownership, or for duplicate $10.00

20. Organized camp, as defined in Section 18897 of the California Health and Safety Code: $564.00
a. For each food facility on the premises (1/3 normal fee) b. For each swimming pool or spa pool on the premises (1/2 normal fee)

21. Notice of Pendency
a. Administrative charge for placing or releasing
the pendency
$19.00
b. Release of Notice of Pendency shall also include
the total hours the Department has expended on
the case and other associated costs.
i All Department staff time expended related to
the situation which caused the pendency to be
placed shall be reimbursed at the following
hourly rate or fraction thereof: $137.00
ii. Other costs – All other costs related to the
correction of the situation which caused the
pendency to be placed on the property shall
also be itemized as to their actual costs and
must be reimbursed to the Department prior to
the release of the pendency.

22. Reproduction of records, $.50 cents for the first page and $.10 for each additional page.

23. Clerical records research fee - $10.00 per each quarter hour or any portion thereof.

24. Hazardous material/spill impact report:

Per each report requested $72.00

25. Reproduction of master computerized billing/database records: $228.00

26. Cleaning and/or transporting waste from septic tanks, chemical toilets, cesspools or seepage pits, or disposing of the cleanings thereof, and transporting animal by-products or sewage sludge as provided in Section 117405 of the California Health and Safety Code and Riverside County Code Chapter 8.84: (Ordinance No. 712).
a. First vehicle $257.00
b. Each additional vehicle thereafter $171.00
c. Per maintenance facility $128.00
d. Registration tag replacement $9.00
e. Transfer of receipt $14.00

27. Annual operating permit for alternative on-site waste water treatment systems (OWTS) as required by Riverside County Code Chapter 8.124 (Ordinance No.650),
a. Alternative OWTS or holding tank $161.00
b. Alternative OWTS with advanced treatment $214.00
c. Transfer of receipt $14.00

28. Processing privately owned or operated solid waste facility permit applications as provided in Section 44006 of the Public Resources Code:

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a. Permit application for new,
revised or closure permits $7,700.00
b. Permit application for
permit review or
modification
$1,600.00
c. Permit application for large
multicounty landfills $13,400.00
If the County’s cost of processing the application is less than the application fee, the balance will be refunded to the applicant. If the County’s cost of processing the application is greater than the application fee, the applicant shall pay the difference to the County within 30 calendar days of receipt of an invoice therefore and in any event before issuance of the solid waste facility permit, if any.

29. Solid waste facilities permit as defined in Section 40194 of the Public Resources Code:
a. Privately owned or operated composting
facility $4,273.00
b. Privately owned or operated material recovery
facility $3,561.00
c. Privately owned or operated transfer station $2,848.00 d. Green Waste (or Wood Waste) Chipping and Grinding, Construction and Demolition and Inert Debris (CDI) Processing or Recycling or Disposal facilities as defined in Sections 17850 et. seq., 17837 et. seq. and 17380 et. seq. of Title 14, CA Code of Regulations
i Full or Standard Permit $3,237.00
ii Registration Permit $842.00
iii Notification Permit $422.00
e. Transfer of receipt $14.00
If the County’s cost of conducting monitoring activities, including mandated inspections and complaint investigations, is greater than the permit fee the operator shall pay the difference to the County within thirty (30) calendar days of receipt of an invoice. Solid waste landfill fees shall be submitted within thirty (30) days of the end of the month and shall include a statement indicating the daily amount of waste received per site.

30. Medical waste generators as defined in Section 117705 of the California Health and Safety Code.
a. Large quantity medical waste generators
Annual Fee
With on-site Without on-site
Treatment Treatment
i. Large quantity Generators
1-99 beds $1,410.00 $941.00
100-199 beds $2,130.00 $1,348.00
200-250 beds $2,507.00 $1,723.00
251+ beds $3,759.00 $2,192.00
ii. Specialty clinics:

Surgical, dialysis or
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rehabilitation $1,019.00 $549.00
iii. Skilled nursing facility:
1-99 beds $902.00 $431.00
100-199 beds $1,020.00 $549.00
200+ beds $1,097.00 $626.00
iv. Acute psychiatric
hospital $784.00 $314.00
v. Intermediate care
facility $941.00 $470.00
vi. Primary care clinic $1,020.00 $549.00
vii. Licensed clinical
laboratory $784.00 $314.00
viii. Health care service
plan facility $1,020.00 $549.00
ix. Veterinary clinic or
hospital $784.00 $314.00
x. Large quantity generator
medical office $784.00 $314.00
b. Small quantity medical waste generator
i. No storage $79.00 $39.00
ii. Common storage facility serving:
10 or fewer generators $156.00
11 to 50 generators $392.00
51 or more generators $784.00
iii. Limited quantity hauler
permit (up to 4 persons) $36.00
additional per person charge $9.00
(total fee for limited quantity exemption not
to exceed $50.00 per generator)

31. Public water system, as defined in the California Health and Safety Code, Section 116275 shall pay an annual operating fee pursuant to California Health and Safety Code, Section 4019.10:
a. Community water system
i. 15 to 24 service connections $422.00
ii. 25 to 99 service connections $672.00
iii. 100 to 499 service connections $840.00
b. Noncommunity water system (includes
nontransient, noncommunity water
systems) $589.00
c. Transient Non-Community non-food facility
water systems with no water consumption $208.00
d. Transient Non-Community food facility water
systems with no water consumption $337.00

32. Public water system permit application processing fees as provided in the California Health and Safety Code, Section 116570:
a. New community water system. $840.00
b. New noncommunity water system (includes
nontransient, non-community water systems). $504.00
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c. Amendment to a domestic water supply permit
due to a change of ownership. $254.00
d. Amendment to a domestic water supply permit
due to addition or modification of the source of
supply, or an addition or change in method of
treatment of the water supply. $422.00

33. Each public water system shall reimburse the Department of Environmental Health for actual costs, as approved by the Auditor-Controller, for enforcement as provided for in the California Health and Safety Code, Section 116595, (a) for activities related to the following:
a. Preparing, issuing and monitoring compliance with an order or a citation; b. Preparing and issuing public notification;
c. Conducting a hearing pursuant to Section 4031 of the California Health and Safety Code.
d. Requests for exemptions, variances or waivers for any applicable requirement.

34. State small water systems as defined in California
Health and Safety Code, Section 116340, annual
operating permit: $936.00

35. Labor camp water system, as addressed in the
State Housing Law, Sections 770 and 772, annual
operating permit: $724.00

36. Water supply permit review for State small and
labor camp water systems as provided in the
California Health and Safety Code, Section 116340,
per system $1,532.00

37. Bacterial water sample, as provided in the California Health and Safety Code, Section 116340, cost to
collect sample: $125.00

38. Requested inspections/consultations relating to
water systems, not supported by fees as otherwise
provided for in this chapter, per hour or fraction
thereof: $125.00

39. Examination and issuance of certificate of competency for the inspection of backflow prevention devices, as provided for in California Code of Regulations, Title 17, Section 7605,:
a. Initial certificate of competency $113.00
b. Three-year renewal, examination and renewal of
competency $105.00
c. Commercial certified backflow tester listing, per
individual or company $14.00

40. State Surcharges/Service Fees pursuant to the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, California Code of Regulations, Title 27, Sections 15240 (C), (1), (2), (3), and 15250 shall be assessed each regulated business as applicable . The applicable State Surcharges/Service Fees will be published annually by the State and verified by both the Department and the Auditor-Controller prior to implementation into the Certified Unified Program Agency (CUPA) Single Fee System.

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41. Each regulated business pursuant to the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, California Code of Regulations, Title 27, Section 15210, may be assessed a Certified Unified Program Agency administrative oversight fee to fund the necessary and reasonable costs of implementing the unified program.

The amount of the fee shall reflect costs as approved by the AuditorController.

42. Hazardous waste generators as defined in the Hazardous Waste Control Law of the State of California. Health and Safety Code, Chapter 6.5, Division 20, Sections 25100 et seq. and Riverside County Code Chapter

8.60, (Ordinance 615).
a. Where from 1 to 10 persons are employed by
and at the site of the applicant’s establishment $373.00 b. Where from 11 to 25 persons are employed by
and at the site of the applicant’s establishment $561.00 c. Where from 26 to 50 persons are employed by
and at the site of the applicant’s establishment $746.00 d. Where from 51 to 100 persons are employed by
and at the site of the applicant’s establishment $999.00 e. Where from 101 to 200 persons are employed by
and at the site of the applicant’s establishment $1,178.00 f. Where from 201 to 300 persons are employed by
and at the site of the applicant’s establishment $1,826.00 g. Where from 301 to 500 persons are employed by
and at the site of the applicant’s establishment $2,685.00 h. Where 501 or more persons are employed by
and at the site of the applicant’s establishment,
the annual fee shall be $2,685.00 plus $4.12 for
each employee over 500 employees.

43. Hazardous Waste/Tiered Permitting as defined in
the State of California, Health and Safety Code,
Division 20, Chapter 6.11:
a. Permit By Rule $1,786.00
b. Conditionally Authorized $1,786.00
c. Conditionally Exempt $325.00

44. Hazardous materials business plans (disclosure) as defined in the Hazardous Materials Release Response Plans and Inventory Law of the State of California, Health and Safety Code, Chapter 6.95, Division 20, Sections 25500 et seq. and Riverside County Code Chapter 8.64, (Ordinance 651).
a. Agricultural handler $224.00
b. Special handler $387.00
c. Level I handler $581.00
d. Level II handler $777.00
e. Level III handler $1,164.00
f. Exempt facility: this is an annual fee for facilities that are exempt from the requirement for
submission of a business plan or amendments
but that wish to provide the plan for inclusion in
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the emergency response database maintained by
the hazardous materials management division,
per facility. $198.00

45. California Accidental Release Prevention Program and Risk Management Plan reviews/inspections as defined in the State of California Health and Safety Code, Chapter 6.95 and/or Title 19 California Code of Regulations and/or Section 112 (R) of the Clean Air Act and/or 40 Code of Federal Regulations:
a. Review of Risk Management Plan/Facility Inspections, per hour $194.00

46. Underground storage tank systems as defined in the State of California Health and Safety Code, Chapter 6.7, Division 20, Sections 25280, et seq. and Riverside County Code Chapter 8.140, (Ordinance 617), a. Permit to operate an underground storage tank system:

Each underground tank system at a facility $430.00
b. Permit to construct, install or upgrade an underground storage tank system:
i. First underground tank system at a facility (up
to 6 hours review time, additional review time
required will be charged at $194.00/hour)
$975.00
ii. Each additional underground tank system at
such a facility (up to 2 hours review time,
additional review time required will be charged at
$194.00/hour) $325.00
c. Permit to temporarily or permanently close an underground storage tank system:
i. First underground tank system at a facility (up to
4 hours review time, additional review time
required will be charged at $194.00/hour) $649.00
ii. Each additional underground tank system at
facility (up to 1 hour of review time, additional
review time required will be charged at
$194.00/hour)
$198.00
d. Permit to repair or modify an underground tank
system, (for the first four hours of review time
after which the consultation rate for each
additional hour or portion of shall be applicable at
the rate of $194.00/hour) $649.00
e. Transfer fee $36.00
f. Reinspection fee (consultation rate per hour) $194.00 g. Emergency response hourly rate $210.00

47. Consultation rate – hazardous materials, per hour $194.00 (Ord. 640.5 § 2, 2000; Ord. 640.4 § 13, 1997)
Section 14. Violations--Penalties.

A. Infractions.

Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished by: (1) a fine not less than fifty A.26.a
Packet Pg. 873 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN Ord. 640 – Page 16
dollars ($50.00) or to exceed one hundred dollars ($100.00) for a first violation of this chapter; (2) a fine not less than one hundred dollars ($100.00) or to exceed two hundred dollars ($200.00) for a second violation of this chapter within one year; (3) a fine not less than three hundred dollars ($300.00) or to exceed five hundred dollars ($500.00) for each additional violation of this chapter after a second violation within one year.

B. Misdemeanor.

Notwithstanding the foregoing in subsection A of this section, a first and subsequent offense may be charged and prosecuted as a misdemeanor and upon conviction thereof shall be punished as provided by Penal Code, Section 19 as amended. Each day such violation is committed or permitted to continue shall constitute a separate offense.

C. Correction of Violations.

Payment of any penalty established by this chapter shall not relieve a person from responsibility of correcting any violation of this chapter, statute or regulation nor shall it relieve a person from the payment of a late fee imposed under this chapter. (Ord. 640.4 § 14, 1997)
Section 15. Effective/Operative Dates.

This Ordinance shall take effect 30 days after its adoption.

Adopted:
640 Item 3.6 of 09/01/1987 (Eff: 10/01/1987)
Amended:
640.1 Item 3.7c of 06/13/1989 (Eff: 07/13/1989)
640.2 Item 11.1 of 06/08/1993 (Eff: 07/08/1993)
640.3 Item 11.1 of 05/03/1994 (Eff: 06/02/1994)
640.4 Item 12.1 of 01/28/1997 (Eff: 02/27/1997)
640.5 Item 3.10 of 03/14/2000 (Eff: 04/13/2000)
640.6 Item 7.3 of 07/31/2001 (Eff: 08/30/2001)
640.7 Item 9.1 of 08/19/2003 (Eff: 09/18/2003)
640.8 Item 9.3 of 06/08/2004 (Eff: 07/08/2004)
640.9 Item 9.2 of 06/06/2006 (Eff: 07/06/2006)
640.10 Item 15.10 of 05/22/2007 (Eff: 06/21/2007)
A.26.a
Packet Pg. 874 Attachment: MOU City of Moreno Valley - RivCo DEH [Revision 1] (5841 : APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN Report to City Council
ID#5865 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: June 21, 2022
TITLE: ADOPT RESOLUTION NO. 2022-XX. A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF MORENO VALLEY,

CALIFORNIA, CONFIRMING STATEMENTS OF COSTS

AGAINST REAL PROPERTIES LOCATED IN THE CITY OF

MORENO VALLEY FOR THE ABATEMENTS OF PUBLIC

NUISANCES AND DIRECTING THAT SAID STATEMENTS

OF COSTS CONSTITUTE A LIEN UPON SAID

PROPERTIES

RECOMMENDED ACTION
Recommendation:

1. Adopt Resolution No. 2022-xx. A Resolution of the City Council of the City of Moreno Valley, California, confirming Statements of Costs against real properties located in the City of Moreno Valley for the abatements of public nuisances and directing that said Statements of Costs constitute a lien upon said properties.

2. Approve placing the submitted Property Assessment List of delinquent nuisance abatement accounts on the Fiscal Year (FY) 2022/2023 Riverside County property tax roll for collection.

3. Direct the City Clerk to file with the Riverside County Assessor’s office a certified copy of Resolution No. 2022-xx and the Property Assessment List as required by Section 6.04.120 of the City of Moreno Valley Municipal Code.

SUMMARY
In FY21/22, the Community Enhancement and Neighborhood Services Division performed a number of public nuisance abatements to remove hazardous and other nuisance conditions from properties in the City. After having been served with a “Notice to Abate” and given a reasonable time for compliance, some property owners failed to A.27
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voluntarily abate the conditions.

This report recommends that the City Council adopt the proposed Resolution of the City Council of the City of Moreno Valley, confirming assessments on certain real properties, and approve placing the submitted Property Assessment List of delinquent nuisance abatement accounts on the FY 2022/2023 Riverside County property tax roll for collection.

DISCUSSION
In FY21/22, the Community Enhancement and Neighborhood Services Division performed public nuisance abatements to remove hazardous and other nuisance conditions from various properties in the City. After having been served with a “Notice to Abate” and given a reasonable time for compliance, some of the property owners failed to voluntarily abate the conditions.

After an initial inspection has occurred and the Municipal Code violations have been verified, any non-compliant property owners will receive a Notice to Abate and be given up to 10 days to correct the violation(s). After the specified compliance date, a second inspection will occur to confirm if the property remains in violation.

In some cases, pursuant to Moreno Valley Municipal Code § 6.04.110 Emergency Abatement, emergency conditions have been abated in accordance with provisions set forth in the City Municipal Code without adhering to the provisions referenced in the abatement notification procedures. Such emergencies can include, but are not limited to, the pumping and securing of accessible pools with stagnant water, securing open and accessible buildings, extreme fire hazard conditions, and other similar nuisance conditions that constitute an immediate danger to life or property.

Once the allowed period has passed as identified in the notice, per Municipal Code Section 6.04, the property that has not been brought into compliance can be scheduled for abatement by a City contractor. This section of the Municipal Code further contains provisions that allow the City to recover costs associated with said abatements.

By regular mail, a Statement of Costs was mailed to the legal owner of record for each property requiring abatement action. Property owners were invoiced for all costs associated with the City-performed abatement action. Staff recommends that the City Council authorize the placement of the unpaid abatement costs as a special assessment (tax lien) against the properties.

The Property Assessment List for general nuisance abatements is hereby submitted for review and consideration by the City Council, as referenced on the Property Assessment List that is attached to the proposed Resolution as Exhibit “A”.

The County of Riverside equalized tax assessment roll was used to determine property ownership. A summary of the abatement is included in each Statement of Cost along with the property owner’s name(s), property description, and an itemized list of charges A.27
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and costs for the abatement action. A copy will remain on file in the Community Development Department.

The Property Assessment List is a current listing of unpaid abatement costs incurred during FY21/22. Costs approved by the City Council Resolution presented will result in a special assessment and will become a levy on the FY 2022/2023 tax bill for each respective property if not paid directly to the City by July 1, 2022. The Notices of Special Assessment will be recorded at the Riverside County Recorder’s Office following approval by the City Council.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative that will facilitate cost recovery for those costs incurred by the City.

2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will result in the cost for contract abatement work to be covered by the City.

FISCAL IMPACT
Adoption of the Resolution would facilitate cost recovery for those costs incurred by the City for public nuisance and hazard reduction work performed as outlined in the Property Assessment List that is attached to the proposed Resolution as Exhibit A.

As detailed in the attached Property Assessment List exhibit, the costs incurred by the City for contractual abatements are outlined. An additional fixed $16.00 Special Districts Administration charge will be added for each property assessment at the time the assessment is placed on the County of Riverside Tax Roll for FY 2022/2023.

The Property Assessment List, as approved by City Council, is subject to amendment as necessary to reflect any payments subsequently received from property owners.

Costs not paid in full by July 1, 2022, will be processed as special assessments and cost recovery will occur through the payment of taxes. The Statements of Costs and Notices of Special Assessment for each property shall remain on file in the Community Development Department. If payment, or partial payment, is received from property owners, that portion of the Exhibit(s) will be revised as appropriate.

NOTIFICATION
Moreno Valley Municipal Code Section 6.04.080 – Notification of Nuisance provides that written notice of nuisance conditions may be given to property owners in the following manner:

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By regular mail addressed to the owner on record or person in charge and control of the property; date of inspection; at the address shown on the last available equalized assessment roll of the County of Riverside; or as otherwise known, by posting a “Notice to Abate” on the property where the nuisance condition(s) exists thereby allowing reasonable time limit to comply based on the nature of the nuisance; code sections violated; name of the enforcement officer and the notice of the right to appeal.

Notification of hazardous and other nuisance conditions was specifically met by:

1. Posting the property with a “Notice to Abate.”

2. Mailing a “Notice to Abate” to the property owner by regular mail.

3. Telephone contact with the property owner and for vacant properties, the mortgage holder, when possible (i.e., phone number on file).

Meeting Notification – Statement of Costs.

The Community Enhancement and Neighborhood Services Division mailed a Statement of Cost to each property owner in March 2022 indicating the amount owed for the nuisance abatement services performed by the City as well as the date of the City Council meeting at which the Statement of Costs for unpaid abatement costs will be considered by the City Council for purposes of placing the applicable liens on the County Tax Rolls. The notices indicated that the meeting would be held on June 21, 2022, at 6 p.m. in the City Council Chambers located at 14177 Frederick Street, Moreno Valley, CA. An official list of the submitted delinquent accounts was submitted to Special Districts and indicates the maximum charges that can be placed on the property tax roll for FY 2022/2023.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Robert Alvarez Manuel A. Mancha, Community Development
Code & Neighborhood Services Supervisor Director

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

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.

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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 2022-XX

2. City Council FY22.23-FINAL

APPROVALS
Budget Officer Approval ✓ Approved . 6/14/22 7:10 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/14/22 8:50 AM
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Attachment 1
1 Resolution No. 2022-____
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, CONFIRMING

STATEMENTS OF COSTS AGAINST REAL PROPERTY

LOCATED IN THE CITY OF MORENO VALLEY, FOR THE

ABATEMENTS OF PUBLIC NUISANCES AND DIRECTING

THAT SAID STATEMENTS OF COSTS CONSTITUTE A

LIEN UPON SAID PROPERTIES
WHEREAS, pursuant to the provisions of the City of Moreno Valley Municipal Code Chapter 6.04, the City of Moreno Valley, State of California, in order to protect and preserve the public health, safety and general welfare, has conducted and completed the abatement of certain public nuisances on real properties located within the City of Moreno Valley, State of California, which were not abated by the property owners upon reasonable notice by the City; and
WHEREAS, all of the procedural steps have been complied with by the City in accordance with the requirements of City of Moreno Valley Municipal Code Chapter 6.04; and
WHEREAS, in accordance with the provisions of the City of Moreno Valley Municipal Code Section 6.04.120, Statements of Costs and notices of this meeting have been served on the property owners and/or other responsible parties; and WHEREAS, having received and considered said Statements of Costs and having heard the protests and objections by those property owners.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the Statements of Costs, Notice of City Council Meeting, and Notices of Special Assessments, copies of which are on file in the Community Development Department, Community Enhancement and Neighborhood Services Division, and incorporated herein by this reference, are confirmed.

2. That the Property Assessment List and respective amounts of costs contained therein, attached hereto as Exhibit A and incorporated by this reference, is also confirmed.

3. That the Notices of Special Assessments shall be recorded with the Riverside County Recorder’s Office and copies transmitted to the Assessor and Tax Collector of the County of Riverside and after recordation shall constitute special assessments against the property to which they relate, and shall constitute liens on the property in the amount of the assessment to be added to the tax bill next levied against the property.

A.27.a
Packet Pg. 880 Attachment: Resolution 2022-XX [Revision 1] (5865 : ADOPT RESOLUTION NO. 2022-XX. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 2 Resolution No. 2022-____
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June, 2022.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.27.a
Packet Pg. 881 Attachment: Resolution 2022-XX [Revision 1] (5865 : ADOPT RESOLUTION NO. 2022-XX. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 Resolution No. 2022-____
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, _______________________, 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 thereof held on the 21st day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.27.a
Packet Pg. 882 Attachment: Resolution 2022-XX [Revision 1] (5865 : ADOPT RESOLUTION NO. 2022-XX. A RESOLUTION OF THE CITY COUNCIL OF THE CITY Property Abatement List (PAL) Council Mtg: 6/21/22
FY22/23 Tax Year Community Enhancement & Neighborhood Services Division APN Abate Date Summary of Work Contractor
Costs Admin Fee S.D. Fee SubTotal
260-460-012 7/21/2021 Abated overgrown vegetation $ 1,102.50 $ 263.00 $ 16.00 $ 1,381.50 260-460-012 8/2/2021
Removed and mowed all overgrown
grass and weeds, and raked loose
grass $ 472.75 $ 263.00 $ 16.00 $ 751.75
479-040-012 8/4/2021 Removal of Junk/Trash/Debris $ 307.50 $ 263.00 $ 16.00 $ 586.50 479-341-014 10/4/2021
Installation and removal of 140 ft.
temp. fence. $ 1,143.50 $ 263.00 $ 16.00 $ 1,422.50
Total $ 3,026.25 $ 1,052.00 $ 64.00 $ 4,142.25
A.27.b
Packet Pg. 883 Attachment: City Council FY22.23-FINAL (5865 : ADOPT RESOLUTION NO. 2022-XX. A RESOLUTION OF Report to City Council
ID#5785 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer AGENDA DATE: June 21, 2022
TITLE: AUTHORIZE THE AWARD OF PROFESSIONAL

SERVICES AGREEMENT TO GLOBAL POWER GROUP,
INC. FOR GENERATOR MAINTENANCE, REPAIR, AND

TESTING SERVICES AT CITY FACILITIES

RECOMMENDED ACTION
Recommendations:

1. Award a five-year contract to Global Power Group, Inc. for a total not-to-exceed amount of $250,000 for Generator Maintenance, Repair, and Testing Services for City Facilities on a routine and on-call basis; and authorize the City Manager to execute contracts in conformance with the attached Agreement using fund 7310, Facilities Maintenance;

2. Authorize the issuance of annual purchase orders for Global Power Group, Inc.. on a routine and as needed basis each year of the Agreement term subject to funds available in the City Council approved Operating Budget; and

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

SUMMARY
This report recommends approval of a $250,000 contract with Global Power Group, Inc. for generator related services over a five-year term to provide regular maintenance, repair, testing, and certification services for City owned generators.

DISCUSSION
The City is responsible for ensuring that public facilities are safe and properly A.28
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operational for the general public and employees, including fire stations, the Public Safety Building, and the Emergency Operations Center. Properly functioning generators are an essential part of the City’s emergency operations. The City currently owns and maintains 12 generators across all Facilities, including the Emergency Operations Center Generator located at the Conference and Recreation Center. Required generator services range from routine maintenance items to emergency responses as all of the City’s generators are needed in the event of power loss or other related emergency. As such, the need for a licensed on-call electrical contractor service provider, with the ability to perform a wide variety of scheduled maintenance and on-call emergency repair services, is critical.

Requests for Proposals #2022-054 for generator maintenance and repair services went out for bid on March 30, 2022. Formal bidding procedures were followed in conformance with the Public Contract Code.

Staff reviewed the bid proposals and found Global Power Group, Inc. to be a responsible bidder in possession of valid licenses, certifications, and ample knowledge with cost within the expected amount. No outstanding issues were identified through review of the references submitted by the bidder. All bidders have been notified by a Notice of Intent to Award letter.

There is an aggregate not-to-exceed amount of $250,000 projected for this agreement based on a trend analysis covering five years of related expenses and potential cost escalations due to inflation. The services will be utilized on a regular basis for prescribed maintenance; and on an as needed basis for emergency repair under direction from the Public Works Department.

Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public Infrastructure to ensure an 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 and authorize the recommended actions as presented in this staff report. This alternative will provide for the maintenance, repair, testing, and certification services of all City owned generators.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the timely maintenance, repair, testing, and certification services of all City owned generators., which would result in a lapse in properly operating equipment, equipment deterioration and potential increased costs, as well as possible failure during an emergency need.

FISCAL IMPACT
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Funding is available in the approved two-year Operating Budget for Fiscal Year 2021/22 and 2022/23. The not-to-exceed $250,000 contract will be expensed over the five-year term, based on the need for Generator Maintenance, Repair, and Testing Services for City Facilities on a routine and on-call basis, subject to the City Council approval of future Operating Budget.

NOTIFICATION
N/A

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

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

Joseph Mattox
Maintenance & Operations Division Manager

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

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

Positive Environment. Create a positive environment for the 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
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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. Global Power Group, Inc. Agreement

APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 10:48 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/07/22 11:21 AM
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1 City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Moreno Valley, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Global Power Group, Inc., a Corporation, with its principal place of business at 12060 Woodside Ave., Lakeside, CA 92040 hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:

RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional testing, certification, routine maintenance, repair, and replacement of generators and all related components contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional testing, certification, routine maintenance, repair, and replacement of generators and all related components contracting services, is licensed in the State of California, if applicable;
C. City desires to engage Contractor to render such services for the testing, certification, routine maintenance, repair, and replacement of generators and all related components 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: Global Power Group, Inc.

Address: 12060 Woodside Ave.

City: Lakeside State: CA Zip: 92040
Business Phone: (619) 579-1221_
Other Contact Number: ____________________________
Business License Number: _________________________
Federal Tax I.D. Number: _________________________

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.

A.28.a
Packet Pg. 888 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 2 B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.

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

D. The term of this Agreement shall be from June 7, 2022 to June 30, 2027 unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non-performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.

3. STANDARD TERMS AND CONDITIONS:

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

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

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

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

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

Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for 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 A.28.a
Packet Pg. 889 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 3 the project or a threat to the safety of persons or property, shall be promptly removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME(S)].

F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

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

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

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

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 adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.

J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley A.28.a
Packet Pg. 890 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 4 Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs 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 counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

L. Insurance Requirements. The Contractor 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
A.28.a
Packet Pg. 891 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 5 ⊗ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:

Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate ⊗ Liability and Property Damage Insurance coverage for owned and nonowned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit.
⊗ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:

Solely as respect to services done by or on behalf of the named insured 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, officials, employees, agents, and volunteers are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers, under any third party liability policy
The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified or registered mail.

In the event the insurance is canceled, the 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 A.28.a
Packet Pg. 892 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 6 of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor 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 work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date 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 this 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. Such records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

A.28.a
Packet Pg. 893 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 7 Q. Restrictions on City Employees. The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.

R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

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

Contractor:

Global Power Group, Inc.
12060 Woodside Ave.

Lakeside, CA 92040
Attn: Salvatore Martorana
City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Maintenance & Operations Division
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

A.28.a
Packet Pg. 894 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 8 X. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the parties.

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

Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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

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

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

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

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

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

A.28.a
Packet Pg. 895 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 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
A.28.a
Packet Pg. 896 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Global Power Group, Inc.

BY: BY:

City Manager Salvatore Martorana
TITLE:

President
Date
Date
BY:

Salvador Ceballos
TITLE:

CFO
Date

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Department Head
Date
A.28.a
Packet Pg. 897 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 11 EXHIBIT A

CONTRACTOR SCOPE OF SERVICES
A. This Agreement between the City of Moreno Valley and Contractor is for professional services for testing, certification, routine maintenance, repair, and replacement of generators and all related components at various City of Moreno Valley facilities on a routine and as-needed basis contracting services.

B. Requests for service will be conveyed from the City via telephone or email requesting an informal or formal quote or proposal. There is no minimum or maximum number of service calls.

C. Quotes and proposals must be prepared in accordance with the request for service and be submitted to the City prior to work being performed unless otherwise directed.

Jobs valued in excess of $1,000 will be quoted at prevailing wage.

D. All work is to be performed in accordance with manufacturers' recommendations, as well as all federal, state, country, and local regulations.

E. This scope of work excludes any work other than incidental (less than 10 square feet) of any material containing asbestos. The contractor will immediately stop work if any encountered material is suspected to be asbestos and report the finding to the Fleet & Facilities Supervisor.

F. All materials and completed work must meet local, county, state, and federal codes and regulations.

G. Submission of Material Safety Data Sheets (MSDS) are mandatory for any supply or material used on the job or supplied in the course of this Agreement prior to receipt of or with the first shipment of hazardous material. Also, at any time the content of an MSDS is revised, the Contractor is required to provide new information relevant to the specific material.

H. The Contractor shall provide manufacturer's warranties and warranty workmanship, operation and performance as described within this Agreement.

A.28.a
Packet Pg. 898 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 12 EXHIBIT B

CITY RESPONSIBILITIES
The City of Moreno Valley is responsible for the following:

A. Providing requests for service, access to sites to perform evaluations for estimates and/ or project work, and coordinating site visits;
B. Providing escorts at sites that require the presence of a City employee during work periods;
C. Providing purchase orders or other written authorization to confirm the approval of work;
D. Providing materials when the scope of work so indicates; and E. Funding all required City permits, excluding a City of Moreno Valley business license.

A.28.a
Packet Pg. 899 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 13 EXHIBIT C

TERMS OF PAYMENT

1. The Contractor's compensation shall not exceed $250,000.

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

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

Copies of invoices may be submitted to the Maintenance & Operations Division at
[email protected] or calls directed to (951) 413-3740.

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

Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties.

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

4. The minimum information required on all invoices is:

A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) A.28.a
Packet Pg. 900 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 14 E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.

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

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

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

8. Pricing Schedule. The attached pricing schedule shall remain in effect during the term of this agreement.

A. Preventative Maintenance:

Generator Annual Semi –
Annual Year 1 Year 2 Year 3 Year 4 Year 5
Olympian 100kW $495.00 $275.00 $770.00 $885.50 $956.34 $1,051.97 $1,157.17 Caterpillar 800kW $850.00 $275.00 $1,125.00 $1,293.75 $1,487.81 $1,710.98 $1,967.63 Caterpillar 700kW $850.00 $275.00 $1,125.00 $1,293.75 $1,487.81 $1,710.98 $1,967.63 Olympian 40kW $450.00 $275.00 $725.00 $833.75 $958.81 $1,102.63 $1,268.03 Olympian 40kW $450.00 $275.00 $725.00 $833.75 $958.81 $1,102.63 $1,268.03 Generac 20kW $400.00 $275.00 $675.00 $776.25 $892.69 $1,026.59 $1,180.58 Cummins 35kW $400.00 $275.00 $675.00 $776.25 $892.69 $1,026.59 $1,180.58 Generac 15kW $400.00 $275.00 $675.00 $776.25 $892.69 $1,026.59 $1,180.58 Kohler 40kW $450.00 $275.00 $725.00 $833.75 $958.81 $1,102.63 $1,268.03 Caterpillar 125kW $495.00 $275.00 $770.00 $885.50 $1,018.33 $1,171.07 $1,346.73 Generac 20Kw $400.00 $275.00 $675.00 $776.25 $892.69 $1,026.59 $1,180.58 Olympian
100kW $495.00 $275.00 $770.00 $885.50 $1,018.33 $1,171.07 $1,346.73 A.28.a
Packet Pg. 901 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 15 B. Hourly Rates:

Service Normal Business Hours
Prevailing Wage Rate
$185.00
Emergency/After Hours
Prevailing Wage Rate
$295.00
Generator PM/Repairs
$185.00 $295.00
Travel
4-hour min
Holiday Pay
$370.00 $370.00
A.28.a
Packet Pg. 902 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 16 9. Pricing Terms and Conditions.

A. Quantities: Listed Line Items are annual estimates based on historical information or anticipated and may vary significantly.

City does not imply or make any commitment to purchase any specific quantity.

B. Term: A five-year period
C. Price Changes:
i. In the event market conditions cause a significant change in price, the Provider may request relief by providing verifiable documentation to CR at least 30 days in advance of the
requested price change date.

D. Unit Price: Include everything but sales tax.

E. Mark-Up
F. Delivery Costs: Include in unit price.

G. Sales Tax: City will add the appropriate sales tax to each order.

H. Additional Charges: None; do not charge any fees or charges not listed in the Price Sheets.

I. Trip Charge: There shall be no trip charge applied during regular business hours (Monday-Friday 7:30am-4:30pm)
J. Additional Conditions: There shall be no charge for quotes or proposals. There shall be no fuel surcharge. Parts shall be charged at no more than 15% above list price. All labor shall be warranted for 90 days. All parts shall be warranted per the manufacturer’s implied warranty.

K. Fixed Prices: Prices are fixed for each year of the agreement.

L. Proposal Price Sheet: The awarded Provider’s Price Sheet, as accepted by City, will be incorporated into the resultant Agreement.

M. Prevailing Wage: 1. It shall be mandatory upon the Vendor to whom the contract is awarded, and upon all subcontractor under him, to ascertain and pay not less than the latest general prevailing hourly rates of wages and also the hourly rates for Saturday, Sunday, Holidays, and overtime work for each workman or mechanic employed in the execution of the work of this project as per determination made by the Director of Industrial Relations, California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1.

The general prevailing rate of wage shall apply to this contract in accordance with the latest wage scale determination as set forth by the Department of Labor, Section 1770 to 1781 inclusive and section 1818 and 1817 inclusive of the Labor Code of the State of California and local laws thereto applicable, in the manner required by law, as ascertained, the general prevailing rate of wages and also the hourly rates for Saturday, Sunday, Holiday and overtime work, in the locality where this work is to be performed, for each craft, A.28.a
Packet Pg. 903 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS 17 classification and type of workman or mechanic needed to perform the work of this project, and has published this wage scale in accordance with Section 1773 and 1773.2 of the said Labor Code, which scale will become a part of the contract. A copy of this wage scale may also be obtained from the office of the Director of Industrial relations, State of California, or
http://www.dir.ca.gov/DLSR/PWD/mer.xls
A.28.a
Packet Pg. 904 Attachment: Global Power Group, Inc. Agreement [Revision 1] (5785 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS Report to City Council
ID#5835 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer AGENDA DATE: June 21, 2022
TITLE: AUTHORIZATION TO AWARD A CONSTRUCTION
CONTRACT TO R. J. NOBLE COMPANY FOR CITYWIDE
PAVEMENT REHABILITATION PROGRAM FY 21/22 -
25/26 (LOCAL STREETS), PROJECT NO. 801 0089

RECOMMENDED ACTION
Recommendations:

1. Award a construction contract to R. J. Noble Company for the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Local Streets) and authorize the City Manager to execute a contract in substantial conformance with the attached contract in the amount of $6,722,780.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;

2. Award an agreement for Professional Consultant Service to GK & Associates to provide construction management and inspection services for the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Local Streets) and authorize the City Manager to execute the agreement with GK & Associates in the amount of $269,700.00;

3. Award an agreement for Professional Consultant Service to LOR Geotechnical Group, Inc. to provide material testing and geotechnical services for the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Local Streets) and authorize the City Manager to execute the agreement with LOR Geotechnical Group, Inc. in the amount of $174,460.00;

4. Authorize the issuance of a Purchase Order to R. J. Noble Company in the amount of $7,058,919.00 (bid amount plus a 5% contingency), a Purchase Order to GK & Associates in the amount of $269,700.00, and a Purchase Order to LOR Geotechnical group, Inc. in the amount of $174,460.00 necessary for completing A.29
Packet Pg. 905