Agenda packet, regular meeting — Moreno Valley City Council, May 16, 2023 (part 2 of 11)

A.7.a
Packet Pg. 163 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
SIGNS BY TOMORROW 36230 03/15/2023 30094 PUBLIC HEARING SIGN (1) UPDATE & INSTALLATION SERVICES $3,645.00 03/15/2023 30177 PUBLIC HEARING SIGNS (2) UPDATE & INSTALLATION SERVICES 03/15/2023 30178 PUBLIC HEARING SIGN (1) UPDATE & INSTALLATION SERVICES 03/15/2023 29794 PUBLIC HEARING SIGNS (2) UPDATE & INSTALLATION SERVICES 03/15/2023 29795 PUBLIC HEARING SIGNS (2) UPDATE & INSTALLATION SERVICES 03/15/2023 29796 PUBLIC HEARING SIGNS (2) UPDATE & INSTALLATION SERVICES 03/15/2023 29998 PUBLIC HEARING SIGN (1) UPDATE & INSTALLATION SERVICES 03/15/2023 30091 PUBLIC HEARING SIGN (1) UPDATE & INSTALLATION SERVICES Remit to: MURRIETA, CA FYTD: $13,098.79
SIT 'N SLEEP, INC. 245113 03/08/2023 543157623 MATTRESSES FOR FIRE STATION 58 $24,001.87 03/08/2023 543157640 MATTRESSES FOR FIRE STATION 65
03/08/2023 543157635 MATTRESSES FOR FIRE STATION 2
Remit to: GARDENA, CA FYTD: $24,001.87
SKY PUBLISHING 36344 03/29/2023 23.2_056 1/2 PAGE SHOP MOVAL AD-YOUR VILLA MAGAZINE/2023 ISSUE 2 $1,050.00 Remit to: MORENO VALLEY, CA FYTD: $7,650.00
SKY TRAILS MOBILE VILLAGE 36297 03/22/2023 FEB 2023 UUT REFUND FOR FEB 2023 $5.96 Remit to: LOS ANGELES, CA FYTD: $39.34

SOUTH COAST AIR QUALITY

MANAGEMENT DISTRICT
245208 03/22/2023 4135880 ANNUAL RENEWAL FEES INVOICE-FIRE STATION 6 $620.61 03/22/2023 4138850 EMISSIONS FEES INVOICE-FIRE STATION 6 Remit to: DIAMOND BAR, CA FYTD: $5,492.62

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A.7.a
Packet Pg. 164 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
SOUTHERN CALIFORNIA EDISON 245078 03/01/2023 JAN-23 3/1/23 ELECTRICITY CHARGES $7,073.85 03/01/2023 FEB-23 3/1/23 ELECTRICITY CHARGES
245114 03/08/2023 FEB-23 3/8/23 ELECTRICITY CHARGES $3,732.66 245249 03/29/2023 MAR-23 3/29/23 ELECTRICITY CHARGES $4,167.01 Remit to: ROSEMEAD, CA FYTD: $2,007,376.56

SOUTHERN CALIFORNIA PUBLIC

POWER AUTHORITY
36231 03/15/2023 0323 WORKING GROUP PARTICIPATION AGREEMENT 3/1/23-2/28/24 -

MV UTILITY
$10,000.00
Remit to: GLENDORA, CA FYTD: $10,000.00

SOUTHWEST OFFSET PRINTING
CO., INC.
245079 03/01/2023 202666 PRINTING, ETC. FOR SOARING ACTIVITY GUIDES/JAN-APR 2023 ISSUE
$20,580.68
Remit to: GARDENA, CA FYTD: $59,324.37
SPARKLETTS 36298 03/22/2023 6435574 021723 BOTTLED WATER SERVICE FOR CITY YARD JUL.2022-FEB. 2023 $3,597.28 Remit to: DALLAS, TX FYTD: $3,913.72
SQUARREL, BRENDA 245184 03/15/2023 2003136/2003137 DEPOSIT/SECURITY GUARD REFUND-TOWNGATE COMM. CTR $365.50 Remit to: PERRIS, CA FYTD: $365.50
STANDARD INSURANCE CO 245115 03/08/2023 230301 EMPLOYEE SUPPLEMENTAL INSURANCE $1,533.62 Remit to: PORTLAND, OR FYTD: $12,780.77

STATE BOARD OF EQUALIZATION
1 36416 03/24/2023 022823 SALES & USE TAX REPORT FOR 2/1-2/28/23 $843.00 Remit to: SACRAMENTO, CA FYTD: $19,931.00

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A.7.a
Packet Pg. 165 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
STATE OF CALIFORNIA DEPT. OF

JUSTICE
245167 03/15/2023 639959 LIVE SCAN FINGERPRINTING APPS FOR PD-FEB. 2023 $1,131.00 245210 03/22/2023 644735 BLOOD ALCOHOL ANALYSIS SVCS FOR PD-DEC. 2022 BILL

CORRECTIONS
$455.00
03/22/2023 644685 BLOOD ALCOHOL ANALYSIS SERVICES FOR PD-FEB. 2023 Remit to: SACRAMENTO, CA FYTD: $26,401.00

STATEWIDE TRAFFIC SAFETY AND

SIGNS, INC
36345 03/29/2023 13010406 EPOXY CARTRIDGES $927.88
Remit to: PASADENA, CA FYTD: $8,897.57
STEPHAN, JOANN 245211 03/22/2023 3/29 - 3/31/23 TRAVEL PER DIEM & MILEAGE - 2023 PLANNING

COMMISSIONERS ACADEMY
$258.36
Remit to: MORENO VALLEY, CA FYTD: $258.36
STEVEN B. QUINTANILLA A

PROFESSIONAL CORPORATION
36157 03/08/2023 JAN-23/MILLER SPECIAL COUNSEL LITIGATION SVCS-MILLER STARR REG. 01/01- 01/31/23
$1,200.00
Remit to: PALM SPRINGS, CA FYTD: $1,152,288.93

STEVEN PERRY PROFESSIONAL

PHOTOGRAPHY
36040 03/01/2023 230223.1 PHOTOGRAPHY SERVICES 2/23/23 - KIDS EMPIRE RIBBON

CUTTING
$543.75
03/01/2023 230222.1 PHOTOGRAPHY SERVICES 2/22/23 - TEXAS ROAD HOUSE RIBBON

CUTTING
03/01/2023 230220.1 PHOTOGRAPHY SERVICES 2/19/23 - TWO ROUNDABOUTS 36299 03/22/2023 230313.1 PHOTOGRAPHY SERVICES 3/11/23 - FESTIVAL OF ARTS EVENT $706.25 Remit to: MORENO VALLEY, CA FYTD: $11,552.76
STILES ANIMAL REMOVAL, INC. 245116 03/08/2023 3049 DECEASED LARGE ANIMAL REMOVAL SERVICES-FEB. 2023 $2,165.00 Remit to: GUASTI, CA FYTD: $18,770.00

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A.7.a
Packet Pg. 166 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount

STRADLING, YOCCA, CARLSON &
RAUTH
36233 03/15/2023 394872-0000 LEGAL SERVICES-GENERAL/HOUSING AUTHORITY MATTERS-JAN. 2023
$21,090.00
03/15/2023 394873-0006 LEGAL SERVICES-RANCHO BELAGO: PHASE 2 COTTONWOOD MATTER-JAN 2023
Remit to: NEWPORT BEACH, CA FYTD: $67,700.00
SUNNYMEAD ACE HARDWARE 245080 03/01/2023 97601 MISC. SUPPLIES FOR PD - KEYS $6.44 245117 03/08/2023 97764 MISC. SUPPLIES FOR PD - KEYS $96.65 245168 03/15/2023 97835 MISC. SUPPLIES FOR PD $35.04
245212 03/22/2023 97875 MISC. SUPPLIES FOR PD $89.57
03/22/2023 97886 MISC. SUPPLIES FOR PD
Remit to: MORENO VALLEY, CA FYTD: $1,723.12
SUPERIOR READY MIX CONCRETE 245118 03/08/2023 334343 DELIVERY OF MIXED CONCRETE $2,658.15 03/08/2023 331526 DELIVERY OF MIXED CONCRETE
03/08/2023 334112 DELIVERY OF MIXED CONCRETE
03/08/2023 332365 DELIVERY OF MIXED CONCRETE
Remit to: ESCONDIDO, CA FYTD: $10,357.08
SWARCO MCCAIN, INC. 36041 03/01/2023 INV0270435 TRAFFIC SIGNAL EQUIPMENT $11,802.94 03/01/2023 INV0270440 TRAFFIC SIGNAL EQUIPMENT
03/01/2023 INV0270702 TRAFFIC SIGNAL EQUIPMENT
Remit to: VISTA, CA FYTD: $41,101.28
TAYLOR, BRIAN 245185 03/15/2023 PEN22-0153 50% REFUND FOR WITHDRAWN TRACT 31621 DESIGN REVIEW $425.00 245186 03/15/2023 PEN22-0154 50% REFUND FOR WITHDRAWN TRACT 31621 ADMIN PLOT PLAN REVIEW
$425.00
Remit to: IRVINE, CA FYTD: $850.00

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A.7.a
Packet Pg. 167 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
TEJEDA VALENCIA, ELIZABETH 36158 03/08/2023 MARCH 2023 MOVAL LEARNS PROGRAM STIPEND-MARCH 2023 $250.00 Remit to: MORENO VALLEY, CA FYTD: $1,500.00
TELAID INDUSTRIES, INC 245230 03/22/2023 BL#23514-YR2023 REFUND OF OVERPAYMENT FOR BL# 23514 $227.30 Remit to: NIANTIC, CT FYTD: $227.30
TEMP POWER SYSTEMS 245231 03/22/2023 BL#06576-YR2023 REFUND OF OVERPAYMENT FOR BL# 06576 $83.36 Remit to: IRVINE, CA FYTD: $83.36

THE ADVANTAGE GROUP/ FLEX

ADVANTAGE
36346 03/29/2023 154210 FLEX AND COBRA ADMIN FEES-FEB. 2023 $1,476.95 Remit to: TEMECULA, CA FYTD: $459,683.23
THE ALTUM GROUP 36043 03/01/2023 8384 MARCH FIELD PUMP TRUCK_DIRECT PAY $5,909.46 Remit to: PALM DESERT, CA FYTD: $33,170.00
THOMPSON COBURN LLP 36161 03/08/2023 3592547 LEGAL SERVICES-MVU/RELIABILITY STANDARD COMPLIANCE/JAN. 2023
$36.84
Remit to: WASHINGTON, DC FYTD: $389.54

THOMSON REUTERS-WEST
PUBLISHING CORP.
36234 03/15/2023 847938186 AUTO TRACK SERVICES FOR PD INVESTIGATIONS-FEB. 2023 $1,295.14 Remit to: CAROL STREAM, IL FYTD: $11,656.26
TITAN RENTAL GROUP, INC. 245214 03/22/2023 RES# 45365-FINAL RENTAL OF BENCHES, TABLES, CHAIRS, ETC. FOR FESTIVAL

OF ARTS
$572.80
Remit to: MORENO VALLEY, CA FYTD: $8,382.08

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A.7.a
Packet Pg. 168 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
T-MOBILE USA, INC. 245169 03/15/2023 9526380495 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD $350.00 03/15/2023 9525627131 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD 03/15/2023 9522777776 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD 03/15/2023 9526380497 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD 03/15/2023 9526380496 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD 245213 03/22/2023 9527052192 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD $250.00 03/22/2023 9527162206 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD 245251 03/29/2023 9527562158 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD $75.00 03/29/2023 9527562157 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD 03/29/2023 9527276298 CELLULAR TECHNOLOGY EXTRACTION/LOCATOR SERVICES FOR PD Remit to: SEATTLE, WA FYTD: $4,260.00
TODEC LEGAL CENTER 245232 03/22/2023 2003157.047 DEPOSIT REFUND- CONFERENCE & REC CTR. $115.25 Remit to: MORENO VALLEY, CA FYTD: $115.25

TONY'S STARTERS ALTERNATORS

SUPPLIES
245233 03/22/2023 BL#26803-YR2023 REFUND OF OVERPAYMENT FOR BL# 26803 $129.00 Remit to: MORENO VALLEY, CA FYTD: $129.00
TOSTADO, GISSEL 36044 03/01/2023 FEBRUARY 2023 MOVAL LEARNS PROGRAM STIPEND-FEBRUARY 2023 $250.00 36162 03/08/2023 MARCH 2023 MOVAL LEARNS PROGRAM STIPEND-MARCH 2023 $250.00 Remit to: MORENO VALLEY, CA FYTD: $1,500.00
TOUCH OF SOUL 36235 03/15/2023 FEB. 2023 INSTRUCTOR SERVICES - SOUL LINE DANCING CLASS $387.00 Remit to: MORENO VALLEY, CA FYTD: $3,199.20
TOVAR, JERRY FABIAN 36163 03/08/2023 MARCH 2023 MOVAL LEARNS PROGRAM STIPEND-MARCH 2023 $250.00 Remit to: MORENO VALLEY, CA FYTD: $500.00

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A.7.a
Packet Pg. 169 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
TOWNSEND PUBLIC AFFAIRS, INC. 36045 03/01/2023 19486 CONSULTING SERVICES-LOBBYIST/ADVOCATE & GRANT WRITINGFEB. 2023$4,000.00 36236 03/15/2023 17489 CONSULTING SERVICES-LOBBYIST/ADVOCATE & GRANT WRITING $4,000.00 36300 03/22/2023 19619 CONSULTING SERVICES-LOBBYIST/ADVOCATE & GRANT WRITINGMAR. 2023$4,000.00 Remit to: NEWPORT BEACH, CA FYTD: $44,000.00

TRESTLES ENVIRONMENTAL

CORPORATION
245215 03/22/2023 06-23 BURROWING OWL SURVEY/REPORT FOR POORMAN'S RESERVOIR $1,680.00 Remit to: FALLBROOK, CA FYTD: $1,680.00
TRICHE, TARA 36347 03/29/2023 FEB. 2023 INSTRUCTOR SERVICES - BALLET/DANCE EXPLORATION CLASSES $1,810.80 Remit to: MORENO VALLEY, CA FYTD: $11,929.50
TSG ENTERPRISES, INC. DBA THE

SOLIS GROUP
36046 03/01/2023 10139 $11,558.00
03/01/2023 10136
03/01/2023 10137
03/01/2023 10142
36164 03/08/2023 9846 $9,684.00
03/08/2023 9847
03/08/2023 9848
03/08/2023 9849

PVT REHAB CWA
CITYWIDE PVT REHAB FY 20/21
CITYWIDE PVT REHAB PROG (FY 21-26) SR60/
MORENO BEACH PH 2
CITYWIDE PVT REHAB FY 20/21
CITYWIDE PVT REHAB PROG (FY 21-26)
CITYWIDE PVT REHAB FY 21/22
PVT REHAB (CDBG FY 21/22)
Remit to: PASADENA, CA FYTD: $82,107.00

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A.7.a
Packet Pg. 170 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
TUMON BAY RESORT & SPA 36047 03/01/2023 MAR. 2023 RENT MAR. 2023 RENT (INCL. CAM, ETC) FOR BUSINESS & EMP.

RESOURCE CTR
$8,435.37
36348 03/29/2023 APR. 2023 RENT APR. 2023 RENT (INCL. CAM, ETC) FOR BUSINESS & EMP.

RESOURCE CTR
$8,435.37
Remit to: TAMUNING, GU FYTD: $74,503.33
U.S. BANK NA 36237 03/15/2023 13626746 INVESTMENT CUSTODIAL SERVICES-JAN. 2023 $900.00 Remit to: ST. PAUL, MN FYTD: $20,008,095.00
U.S. POSTAL SERVICE 245125 03/08/2023 SUMMER 2023 PERMIT #153-DEPOSIT FOR POSTAGE TO MAIL RECREATION GUIDES
$10,500.00
Remit to: MORENO VALLEY, CA FYTD: $30,936.05
ULINE, INC. 36049 03/01/2023 158829771 TWO ADJUSTABLE HEIGHT TRAINING TABLES $965.16 Remit to: PLEASANT PRAIRIE, WI FYTD: $13,708.31

ULTRASERV AUTOMATED

SERVICES, LLC
36050 03/01/2023 262397 COFFEE SERVICE SUPPLIES-ANNEX 1 $433.21 03/01/2023 262380 COFFEE SERVICE SUPPLIES-CITY HALL/BREAK ROOM LOCATION 03/01/2023 262382 COFFEE SERVICE SUPPLIES-CITY HALL/PUBLIC WORKS LOCATION Remit to: COSTA MESA, CA FYTD: $9,810.93

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A.7.a
Packet Pg. 171 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount

UNDERGROUND SERVICE ALERT

OF SOUTHERN CALIFORNIA
36051 03/01/2023 1220220463 (b) DIGALERT TICKETS SUBSCRIPTION SERVICE-DEC. 2022 $209.50 03/01/2023 1220220463 (c) DIGALERT TICKETS SUBSCRIPTION SERVICE-DEC. 2022 03/01/2023 1220220463 (d) DIGALERT TICKETS SUBSCRIPTION SERVICE-DEC. 2022 03/01/2023 1220220463 (a) DIGALERT TICKETS SUBSCRIPTION SERVICE-DEC. 2022 36052 03/01/2023 120230472 (c) DIGALERT TICKETS SUBSCRIPTION SERVICE-JAN. 2023 $386.25 03/01/2023 120230472 (d) DIGALERT TICKETS SUBSCRIPTION SERVICE-JAN. 2023 03/01/2023 120230472 (b) DIGALERT TICKETS SUBSCRIPTION SERVICE-JAN. 2023 03/01/2023 120230472 (a) DIGALERT TICKETS SUBSCRIPTION SERVICE-JAN. 2023 245081 03/01/2023 22-2302277 (c) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
$84.03
03/01/2023 22-2302277 (b) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
03/01/2023 22-2302277 (a) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
03/01/2023 22-2302277 (d) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
245082 03/01/2023 22-2302670 (b) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
$84.03
03/01/2023 22-2302670 (a) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
03/01/2023 22-2302670 (d) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
03/01/2023 22-2302670 (c) CA STATE FEE FOR REGULATORY COSTS TO SAFE EXCAVATION BOARD
Remit to: CORONA, CA FYTD: $3,533.29

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A.7.a
Packet Pg. 172 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
UNITED SITE SERVICES OF CA, INC. 36165 03/08/2023 114-13527534 FENCE RENTAL AT ANIMAL SHELTER 02/09-03/08/23 $106.40 36350 03/29/2023 114-13547033 FENCE RENTAL AT ANIMAL SHELTER 03/09-04/05/23 $106.40 Remit to: DALLAS, TX FYTD: $1,064.00

Page 78 of 85 ends

A.7.a
Packet Pg. 173 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount

VACATE TERMITE & PEST

ELIMINATION COMPANY
36166 03/08/2023 121822 PEST CONTROL SERVICE-FEB. 2023-EMERGENCY OPS CENTER $2,370.00 03/08/2023 121613 PEST CONTROL SERVICE-FEB. 2023-MARCH FIELD PARK COMM.

CENTER
03/08/2023 121966 PEST CONTROL SERVICE-FEB. 2023-MALL LIBRARY 03/08/2023 121665 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 58 03/08/2023 121657 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 6 03/08/2023 121826 PEST CONTROL SERVICE-FEB. 2023-PUBLIC SAFETY BLDG. 03/08/2023 121823 MOSQUITO ABATEMENT TRAP/FLY LIGHT SERVICE-PUBLIC SAFETY BLDG.
03/08/2023 121820 PEST CONTROL SERVICE-FEB. 2023-ANIMAL SHELTER 03/08/2023 121607 MOSQUITO ABATEMENT TRAP/FLY LIGHT SERVICE-CITY YARD 03/08/2023 121735 ANIMAL TRAP PEST SERVICE-MALL LIBRARY 03/08/2023 121662 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 2 03/08/2023 121976 TERMITE FOAM TREATMENT-FIRE STATION 2 03/08/2023 121893 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 99 03/08/2023 121895 PEST CONTROL SERVICE-FEB. 2023-COTTONWOOD GOLF CENTER 03/08/2023 121659 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 48 03/08/2023 121634 MOSQUITO ABATEMENT TRAP/FLY LIGHT SERVICE-TOWNGATE COMM. CENTER
03/08/2023 121635 PEST CONTROL SERVICE-FEB. 2023-TOWNGATE COMM. CENTER 03/08/2023 121652 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 65 03/08/2023 121622 MOSQUITO ABATEMENT TRAP/FLY LIGHT SERVICE-SENIOR CENTER
03/08/2023 121819 MOSQUITO ABATEMENT TRAP/FLY LIGHT SERVICE-ANIMAL

SHELTER
03/08/2023 121620 PEST CONTROL SERVICE-FEB. 2023-MAIN LIBRARY 03/08/2023 121608 PEST CONTROL SERVICE-FEB. 2023-MARCH ANNEX 03/08/2023 121989 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 58 03/08/2023 121605 PEST CONTROL SERVICE-FEB. 2023-TRANSPORTATION TRAILER

Page 79 of 85 ends

A.7.a
Packet Pg. 174 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount

VACATE TERMITE & PEST

ELIMINATION COMPANY
36166 03/08/2023 121651 PEST CONTROL SERVICE-FEB. 2023-FIRE STATION 91 $2,370.00 03/08/2023 121829 PEST CONTROL SERVICE-FEB. 2023-CITY HALL 03/08/2023 121830 PEST CONTROL SERVICE-FEB. 2023-CONFERENCE & REC. CENTER 03/08/2023 121621 PEST CONTROL SERVICE-FEB. 2023-SENIOR CENTER 03/08/2023 121606 PEST CONTROL SERVICE-FEB. 2023-CITY YARD 36167 03/08/2023 121667 PEST CONTROL SERVICE-FEB. 2023-UTILITY FIELD OFFICE $135.00 03/08/2023 121105 PEST CONTROL SERVICE-JAN. 2023-UTILITY FIELD OFFICE 03/08/2023 120643 PEST CONTROL SERVICE-DEC. 2022-UTILITY FIELD OFFICE Remit to: MORENO VALLEY, CA FYTD: $28,890.00
VALLEY WIDE TOWING, LLC 36301 03/22/2023 23-13026 EVIDENCE TOWING FOR PD $409.50 36351 03/29/2023 22-12558 EVIDENCE TOWING FOR PD $887.25 03/29/2023 23-12757 EVIDENCE TOWING FOR PD
03/29/2023 23-13066 EVIDENCE TOWING FOR PD
Remit to: MORENO VALLEY, CA FYTD: $9,691.50
VERDUGO, JAMES 36053 03/01/2023 3/6 - 3/9/23 TRAVEL PER DIEM & MILEAGE - CALBO ANNUAL BUSINESS

MEETING
$316.64
Remit to: MORENO VALLEY, CA FYTD: $316.64
VERIZON WIRELESS 245083 03/01/2023 9927381588 DATA CHARGES FOR CELLULAR SERVICE FOR PD DEVICES $413.50 245252 03/29/2023 9929782317 DATA CHARGES FOR CELLULAR SERVICE FOR PD DEVICES $388.03 Remit to: DALLAS, TX FYTD: $5,048.88
VISION SERVICE PLAN 36168 03/08/2023 817293937 EMPLOYEE VISION INSURANCE $3,450.93 Remit to: SAN FRANCISCO, CA FYTD: $31,737.52

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A.7.a
Packet Pg. 175 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
VOICES FOR CHILDREN, INC. 36302 03/22/2023 7 - (JAN. 2023) CDBG SUBRECIPIENT PAYMENT-COURT APPTD. SPECIAL

ADVOCATE PROGRAM
$2,170.18
Remit to: SAN DIEGO, CA FYTD: $28,769.60
VOUGA, ZACHARY 245263 03/29/2023 R23-171826 ANIMAL SERVICES REFUND S/N AND RAB DEP $135.00 Remit to: SAN DIEGO, CA FYTD: $135.00
VOYAGER FLEET SYSTEM, INC. 36238 03/15/2023 8693366022304 FUEL CARD CHARGES-PD TRAFFIC MOTORS $2,471.14 Remit to: HOUSTON, TX FYTD: $114,808.30
VULCAN MATERIALS CO, INC. 36169 03/08/2023 73569557 ASPHALTIC/CRACK SEAL MATERIALS $2,404.80 03/08/2023 73557091 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73562577 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73557090 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73566064 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73566063 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73555297 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73552447 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73552446 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73548102 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73549861 ASPHALTIC/CRACK SEAL MATERIALS
03/08/2023 73569558 ASPHALTIC/CRACK SEAL MATERIALS
Remit to: LOS ANGELES, CA FYTD: $13,036.52
WALLEN, KIMBERLY 36170 03/08/2023 MARCH 2023 MOVAL LEARNS PROGRAM STIPEND-MARCH 2023 $250.00 Remit to: MORENO VALLEY, CA FYTD: $1,500.00

Page 81 of 85 ends

A.7.a
Packet Pg. 176 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount

WAXIE ENTERPRISES, LLC DBA

WAXIE SANITARY SUPPLY
36054 03/01/2023 81524096 JANITORIAL/CLEANING SUPPLIES FOR LIBRARY BRANCHES $419.94 36303 03/22/2023 81561922 JANITORIAL SUPPLIES FOR PD $1,036.97 03/22/2023 81561964 JANITORIAL/CLEANING SUPPLIES FOR LIBRARY BRANCHES Remit to: LOS ANGELES, CA FYTD: $11,840.01

WEST COAST CONSTRUCTION

AND ENVIRONMENTAL
245234 03/22/2023 BL#41103-YR2023 REFUND OF OVERPAYMENT FOR BL# 41103 $71.00 Remit to: ANAHEIM, CA FYTD: $71.00

WEST COAST SHOPPING CART
SERVICE, INC.
245170 03/15/2023 23-009 SHOPPING CART RETRIEVAL SERVICES-FEB. 2023 $2,796.50 Remit to: WEST COVINA, CA FYTD: $31,059.00

WESTERN MUNICIPAL WATER

DISTRICT
245085 03/01/2023 23866-018292/JA3 WATER CHARGES-SKATE PARK $4,934.22 03/01/2023 23821-018258/JA3 WATER CHARGES-MARCH FIELD PARK COMMUNITY CTR.-BLDG. 938
03/01/2023 23821-018257/JA3 WATER CHARGES-MARCH FIELD PARK COMMUNITY CTR.

LANDSCAPE
03/01/2023 24753-018620/JA3 WATER CHARGES-M.A.R.B. BALLFIELDS 245253 03/29/2023 23821-018258/FB3 WATER CHARGES-MARCH FIELD PARK COMMUNITY CTR.-BLDG. 938
$2,584.98
03/29/2023 23821-018257/FB3 WATER CHARGES-MARCH FIELD PARK COMMUNITY CTR.

LANDSCAPE
03/29/2023 23866-018292/FB3 WATER CHARGES-SKATE PARK
03/29/2023 24753-018620/FB3 WATER CHARGES-M.A.R.B. BALLFIELDS Remit to: ARTESIA, CA FYTD: $43,096.65

Page 82 of 85 ends

A.7.a
Packet Pg. 177 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount

WESTERN RENEWABLE ENERGY

GENERATION(WREGIS)
36305 03/22/2023 WR36983 RENEWABLE ENERGY CERTIFICATES-CREATED AND ANNUAL FEE $125.18 Remit to: SALT LAKE CITY, UT FYTD: $391.21
WILLDAN ENGINEERING 36240 03/15/2023 00713721 PROJECT MANAGEMENT SERVICES-JAN. 2023/NSP CLOSEOUT, ETC.
$1,517.50
36306 03/22/2023 00713747 PROJECT MANAGEMENT SERVICES-FEB. 2023/NSP CLOSEOUT, ETC.
$1,387.50
Remit to: ANAHEIM, CA FYTD: $892,249.83
WILLDAN FINANCIAL SERVICES 36056 03/01/2023 010-53826 ERAP GRANT ADMINISTRATION SERVICES-JAN. 2023 $4,410.00 36171 03/08/2023 010-53811 PROFESSIONAL SERVICES-STAFF AUGMENTATION JAN. 2023 $6,500.00 36242 03/15/2023 010-53562 CONTINUING DISCLOSURE-SB 1029 CDIAC REPORT PREP & FILING $4,200.00 Remit to: TEMECULA, CA FYTD: $376,373.39
WSP USA, INC. 36308 03/22/2023 19#1273971 MORENO MDP LINE F-18 AND F-19 $9,613.62 Remit to: SAN BERNARDINO, CA FYTD: $210,708.53

Page 83 of 85 ends

A.7.a
Packet Pg. 178 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
XEROX CAPITAL SERVICES, LLC 36057 03/01/2023 016918198 COLOR COPIER LEASE/BILLABLE PRINTS-JUL. 2022-PARKS DEPT./CRC
$9,104.37
03/01/2023 017037130 COLOR COPIER EQUIPMENT LEASE-AUG. 2022-PARKS DEPT./CRC 03/01/2023 018136574 COLOR COPIER EQUIPMENT LEASE-JAN. 2023-PARKS DEPT./CRC 03/01/2023 018013295 COLOR COPIER LEASE/BILLABLE PRINTS-DEC. 2022-PARKS DEPT./CRC
03/01/2023 017798402 COLOR COPIER LEASE/BILLABLE PRINTS-NOV. 2022-PARKS DEPT./CRC
03/01/2023 017681396 COLOR COPIER EQUIPMENT LEASE-NOV. 2022-PARKS DEPT./CRC 03/01/2023 017522590 COLOR COPIER LEASE/BILLABLE PRINTS-OCT. 2022-PARKS DEPT./CRC
03/01/2023 017488058 COLOR COPIER EQUIPMENT LEASE-OCT. 2022-PARKS DEPT./CRC 03/01/2023 017368595 COLOR COPIER LEASE/BILLABLE PRINTS-SEP. 2022-PARKS DEPT./CRC
03/01/2023 018235099 COLOR COPIER LEASE/BILLABLE PRINTS-JAN. 2023-PARKS DEPT./CRC
03/01/2023 017854015 COLOR COPIER EQUIPMENT LEASE-DEC. 2022-PARKS DEPT./CRC 03/01/2023 016817404 COLOR COPIER EQUIPMENT LEASE-JUL. 2022-PARKS DEPT./CRC 03/01/2023 016699095 COLOR COPIER LEASE/BILLABLE PRINTS-JUN. 2022-PARKS DEPT./CRC
03/01/2023 016589813 COLOR COPIER EQUIPMENT LEASE-JUN. 2022-PARKS DEPT./CRC 03/01/2023 017268799 COLOR COPIER EQUIPMENT LEASE-SEP. 2022-PARKS DEPT./CRC 03/01/2023 017143000 COLOR COPIER LEASE/BILLABLE PRINTS-AUG. 2022-PARKS DEPT./CRC
36244 03/15/2023 018332652 COLOR COPIER EQUIPMENT LEASE-FEB. 2023-GRAPHICS DEPT. $1,821.72 03/15/2023 018332651 COLOR COPIER LEASE/BILLABLE PRINTS-FEB. 2023-GRAPHICS DEPT.
03/15/2023 018332650 COLOR COPIER EQUIPMENT LEASE-FEB. 2023-PARKS DEPT./CRC 03/15/2023 018447296 COLOR COPIER LEASE/BILLABLE PRINTS-FEB. 2023-PARKS DEPT./CRC

Page 84 of 85 ends

A.7.a
Packet Pg. 179 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Vendor Name Check/EFT
Number
Payment
Date
Inv Number Invoice Description
City of Moreno Valley
Payment Register
For Period 3/1/2023 through 3/31/2023
CHECKS UNDER $25,000
Payment Amount
Remit to: PASADENA, CA FYTD: $18,298.97
YARDLEY, VERONICA 245264 03/29/2023 R23-171512 ANIMAL SERVICES REFUND LICENSE OVERPAY $15.00 Remit to: MORENO VALLEY, CA FYTD: $15.00
YHUIT, PATRICIA 36353 03/29/2023 4/4 - 4/6/23 TRAVEL PER DIEM & MILEAGE - 2023 CPRS CONFERENCE & EXPO $305.65 Remit to: MORENO VALLEY, CA FYTD: $305.65
TOTAL CHECKS UNDER $25,000
GRAND TOTAL $36,053,844.15
$1,245,963.78

Page 85 of 85 ends

A.7.a
Packet Pg. 180 Attachment: 2023_MarchPaymentRegister (6254 : MARCH PAYMENT REGISTER 2023) Report to City Council
ID#6186 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: May 16, 2023
TITLE: PURSUANT TO LANDOWNER PETITION, ANNEX

CERTAIN PARCEL(S) INTO COMMUNITY FACILITIES
DISTRICT NO. 2014-01 (MAINTENANCE SERVICES) -
AMENDMENTS NO. 77 AND NO. 78 (RESO NO. 2023- __
AND 2023-__)

RECOMMENDED ACTION
Recommendation:

1. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) and approving the amended map for said District (Amendment No. 77) (SBM Holdings & Investments, Inc., located on the northeast corner of Perris Blvd. and Dracaea Ave.).

2. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) and approving the amended map for said District (Amendment No. 78) (Prose Moreno Valley Owner LLC, located on the southwest corner of Alessandro Blvd. and Darwin Dr.).

SUMMARY
Adoption of the resolutions will certify the annexation of five parcels into Community Facilities District (CFD) No. 2014-01 (Maintenance Services) (“District”). This action impacts only the property owners identified below, not the general citizens or taxpayers of the City.

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The City requires property owners of new development projects to mitigate the cost of certain impacts created by the proposed developments (e.g., the cost of operation and maintenance of public street lighting and landscape). The City created CFD No. 2014- 01 to provide the development community with a funding mechanism to assist in satisfying the requirement. After a property owner elects to annex their property into the District and the City Council approves the annexation, a special tax can be levied on the annual property tax bill of the annexed parcels to fund the cost to provide the services.

The Property Owners, as defined below, have elected to annex the parcel(s) of their project into the District to satisfy the condition. The Property Owners submitted a Landowner Petition approving the annexation and the City Clerk confirmed the Petitions are valid.

DISCUSSION
As a condition of approval for the development projects identified below, the Property Owners are required to provide an ongoing funding source for certain public services (i.e., street lighting and landscape maintenance), which are required to be installed as part of the development project. The table below provides information for the properties under development.

Property Owner
Project
ACP Record #
Amendment
No. APNs Location
SBM Holdings & Investments, Inc.
76 Convenience Store/Gas Station
PEN19-0205/SCP22-0119
77 479-120-027
479-120-029
479-120-042
479-120-043
Northeast corner of
Perris Blvd. and Dracaea Ave.

Prose Moreno Valley Owner LLC
Rocas Grandes Apartments
420 Multi Family Units
PEN21-0181/SCP22-0128
78 486-280-058
Southwest corner of
Alessandro Blvd. and
Darwin Dr.

The City Council formed CFD No. 2014-01 (Maintenance Services) to provide an alternative funding tool for the development community. It provides a mechanism to fund the operation and maintenance of public street lighting services, landscaping, and streets and drainage. After a landowner approves annexation of their property into the District and the City Council approves the annexation, the City is authorized to levy a special tax onto the annual property tax bill to fund the services related to or impacted by their development.

The Third Amended and Restated Rate and Method of Apportionment of Special Tax (“RMA”) for the District describes the different special tax rate areas, services provided, and formula to calculate the special tax rate for each of the tax rate areas. Several special tax rate areas were created to accommodate a variety of scenarios to ensure costs are fairly shared between property owners. For example, there is a tax rate area for “single-family residential street lighting” and one for “street lighting for property other A.8
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than single-family residential” (e.g., commercial, industrial, or multi-family projects).

Different tax rate areas are needed for street lighting because the spacing and size/type of lights differ based on the type of development. Likewise, there are several tax rate areas for maintenance of public landscaping (i.e. medians, parkways, and/or traffic circles). A property owner’s proportionate share of landscape maintenance costs will vary depending upon the total square footage of landscaping to be maintained and the number of properties sharing in the cost for that development. There is also a tax rate area for streets and drainage within single-family residential projects, which is calculated based on each parcel’s proportionate share of the improvements.

On April 20, 2021, the City Council adopted Ordinance No. 980, which designated the entire territory of the City as a future annexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner provides unanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.

With the establishment of the District, a property owner now has two options to satisfy the conditions of approval:

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

2. Establish a homeowner or property owner association to provide the ongoing operation and maintenance of the improvements.

The Property Owners elected to annex their properties into CFD No. 2014-01 and have the special tax applied to the annual property tax bills. The Office of the Riverside County Registrar of Voters confirmed there were no registered voters residing at the properties, allowing a special election of the landowner. Adoption of the attached resolutions (Attachments 1-2) amends the District and adds the property to the tax rate areas identified in the Fiscal Impact section of this report and directs the recordation of the boundary maps (Attachments 3-4) and amended notices of special tax lien for the amendments. The City Clerk received and reviewed the Landowner Petitions and confirmed the Property Owners unanimously approved the annexation of their property into the District (Attachments 5-6).

Successful completion of the annexation process satisfies the project’s condition of approval to provide a funding source for the operation and maintenance of public street lighting and public landscaping.

ALTERNATIVES

1. Adopt the resolutions. Staff recommends this alternative as it will annex the properties into CFD No. 2014-01 at the request of the Property A.8
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Owners and satisfy the conditions of approval for the proposed developments.

2. Do not adopt the resolutions. Staff does not recommend this alternative as it is contrary to the request of the Property Owners, will not satisfy the conditions of approval, and may delay development of the projects.

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

FISCAL IMPACT
Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters) have previously provided approval. The maximum special tax rate for the tax rate area is detailed below.

If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all the properties within the affected tax rate area.

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Property Owner
Project
ACP Record #
Amendment No.

Tax Rate Area
FY 2022/23
Maximum Special Tax Rate1
SBM Holdings & Investments, Inc.
76 Convenience Store/Gas Station
PEN19-0205/SCP22-0119
77 SL-02
LM-02A
$4.82/front linear foot
$16.36/proportional front foot
Prose Moreno Valley Owner LLC
Rocas Grandes Apartments
420 Multi Family Units
PEN21-0181/SCP22-0128
78 SL-02
LM-02B
$4.82/front linear foot
$8.16/proportional front foot
1The special tax applied to the property tax bill will be based on the needs of the tax rate area within the District. The applied special tax rate cannot exceed the maximum special tax rate.

The FY 2022/23 applied rate for SL-02 (Street Lighting for Property Other than Single-Family Residential) is $0.55/front linear foot. The FY 2022/23 applied rate for LM-02A (Landscaping for Property Other than Single-Family Residential, Median(s) (other than Median(s) Shared) is $9.26/proportional front foot. The FY 2022/23 applied rate for LM-02B (Landscaping for Property Other than Single-Family Residential, Median(s) Shared) is $4.96/proportional front foot.

The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater.

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

NOTIFICATION
The Landowner Petitions were e-mailed to the Property Owners on March 21, 2023 and April 20, 2023. A copy of the RMA was included with the Landowner Petition as Exhibit B.

PREPARATION OF STAFF REPORT
Prepared by: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager

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

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

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

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

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

1. Resolution Ordering Annexation - Amendment No. 77

2. Resolution Ordering Annexation - Amendment No. 78

3. Boundary Map - Amendment No. 77

4. Boundary Map - Amendment No. 78

5. Certificate of Election Official - Amendment No. 77

6. Certificate of Election Official - Amendment No. 78

APPROVALS
Budget Officer Approval ✓ Approved . 5/05/23 9:07 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/05/23 9:10 AM
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1 Resolution No. 2023-___
Date Adopted: May 16, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01
(MAINTENANCE SERVICES) AND APPROVING THE

AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014-25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcels (the “Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 77 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcels to the CFD.

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

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

A.8.a
Packet Pg. 187 Attachment: Resolution Ordering Annexation - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 2 Resolution No. 2023-___
Date Adopted: May 16, 2023

2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect. The Annexation Parcels are subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.

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

A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public rightof-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shrubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.

B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and overhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.

C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and maintaining streets. Drainage improvements include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.

The Annexation Parcels will only be provided with the services indicated on Exhibit A.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The City Council directs that said map be filed with the Riverside County Recorder A.8.a
Packet Pg. 188 Attachment: Resolution Ordering Annexation - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 3 Resolution No. 2023-___
Date Adopted: May 16, 2023
pursuant to Section 3113 of the Streets and Highways Code.

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

6. This Resolution shall be effective immediately upon adoption.

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

8. 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.

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

APPROVED AND ADOPTED this 16th day of May 2023.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.8.a
Packet Pg. 189 Attachment: Resolution Ordering Annexation - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 4 Resolution No. 2023-___
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 16th day of May 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.8.a
Packet Pg. 190 Attachment: Resolution Ordering Annexation - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 5 Resolution No. 2023-___
Date Adopted: May 16, 2023

EXHIBIT A
Boundary Map
Amendment No.

Assessor's Parcel
Numbers Services
Tax Rate Area &
Maintenance
Category
The parcels associated with a given development constitute a separate Annexation Group for purpose of calculating the applicable Maintenance Category (where applicable) for each Tax Rate Area. The anticipated Maintenance Category (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.

Based on current development plans, it is anticipated that the Annexation Group will be in the Maintenance Category listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.

List of Annexation Parcel(s)
Street Lighting SL-02
Landscape Maintenance LM-02A
Amendment No. 77
479120027
479120029
479120042
479120043
A.8.a
Packet Pg. 191 Attachment: Resolution Ordering Annexation - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 6 Resolution No. 2023-___
Date Adopted: May 16, 2023

EXHIBIT B
A.8.a
Packet Pg. 192 Attachment: Resolution Ordering Annexation - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: May 16, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01
(MAINTENANCE SERVICES) AND APPROVING THE

AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014-25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 78 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcel to the CFD.

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

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

A.8.b
Packet Pg. 193 Attachment: Resolution Ordering Annexation - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 2 Resolution No. 2023-___
Date Adopted: May 16, 2023

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect. The Annexation Parcel is subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.

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

The Annexation Parcel will only be provided with the services indicated on Exhibit A.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The City Council directs that said map be filed with the Riverside County Recorder A.8.b
Packet Pg. 194 Attachment: Resolution Ordering Annexation - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 3 Resolution No. 2023-___
Date Adopted: May 16, 2023
pursuant to Section 3113 of the Streets and Highways Code.

6. This Resolution shall be effective immediately upon adoption.

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

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

APPROVED AND ADOPTED this 16th day of May 2023.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.8.b
Packet Pg. 195 Attachment: Resolution Ordering Annexation - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 4 Resolution No. 2023-___
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.8.b
Packet Pg. 196 Attachment: Resolution Ordering Annexation - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 5 Resolution No. 2023-___
Date Adopted: May 16, 2023

EXHIBIT A
Boundary Map
Amendment No.

Assessor's Parcel
Number Services
Tax Rate Area &
Maintenance
Category
486-280-058
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the Maintenance Category listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.

The parcels associated with a given development constitute a separate Annexation Group for purpose of calculating the applicable Maintenance Category (where applicable) for each Tax Rate Area. The anticipated Maintenance Category (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.

Street Lighting SL-02
Landscape Maintenance LM-02B
Amendment No. 78
A.8.b
Packet Pg. 197 Attachment: Resolution Ordering Annexation - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN 6 Resolution No. 2023-___
Date Adopted: May 16, 2023

EXHIBIT B
Boundary Map Amendment
A.8.b
Packet Pg. 198 Attachment: Resolution Ordering Annexation - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PERRIS BLVD. ATWOOD AVE. DRACAEA AVE.
479-120-042
479-120-029
479-120-027
479-120-043
BEN CLIFF DR. AMENDMENT NO. 77 TO BOUNDARIES OF CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES) CITY OF MORENO VALLEY COUNTY OF RIVERSIDE STATE OF CALIFORNIA © LEGEND NORTH A.8.c Packet Pg. 199
Attachment: Boundary Map - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCEL(S) INTO COMMUNITY FACILITIES DISTRICT NO. 2014-) A.8.d
Packet Pg. 200
Attachment: Boundary Map - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX A.8.e
Packet Pg. 201 Attachment: Certificate of Election Official - Amendment No. 77 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCEL(S) A.8.f
Packet Pg. 202 Attachment: Certificate of Election Official - Amendment No. 78 (6186 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCEL(S) Report to City Council
ID#6238 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: May 16, 2023
TITLE: APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL

TAXES FOR CERTAIN COMMUNITY FACILITIES
DISTRICTS FOR FISCAL YEAR 2023/24 (RESO NOS.
2023-, 2023-, 2023-, 2023-, AND 2023-)

RECOMMENDED ACTION
Recommendations:

1. As the legislative body of Moreno Valley Community Facilities District No. 5, Adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 5 of the City of Moreno Valley Maximum and Applied Special Tax Rates for Fiscal Year 2023/24, and Calculation Thereof.

2. As legislative body of Moreno Valley Community Facilities District No. 7, Adopt Resolution No. 2023-__, a Resolution of The City Council of the City of Moreno Valley, California, Approving the Continuation of the Improvement Area No. 1 of Community Facilities District No. 7, of the City of Moreno Valley Maximum and Applied Special Tax Rates for Fiscal Year 2023/24, and Calculation Thereof.

3. As the legislative body of Improvement Area No. 1 of Community Facilities District No. 87-1, adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, Approving the Continuation of the Improvement Area No. 1 of Community Facilities District No. 87-1 of the City of Moreno Valley Maximum and Applied Special Tax Rates for Fiscal Year 2023/24, and Calculation Thereof.

4. As the legislative body of Moreno Valley Community Facilities District No. 4- Maintenance, adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 4-Maintenance of the City of Moreno Valley A.9
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Maximum and Applied Special Tax Rates for Fiscal Year 2023/24, and Calculation Thereof.

5. As the legislative body of the Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Moreno Valley, California, Approving the Continuation of the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) Maximum and Applied Special Tax Rates for Fiscal Year 2023/24, and Calculation Thereof.

6. Authorize the Chief Financial Officer to adjust the proposed special tax rates in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax does not exceed the maximum special tax and is in compliance with the Rate and Method of Apportionment of Special Tax for the district.

SUMMARY
This report recommends adoption of the resolutions (Attachments 1-5), which approve the calculation and set the fiscal year (FY) 2023/24 maximum and applied special tax rates against real property included within certain Community Facilities Districts (CFD) administered by the City and authorizes the levy of the applied special tax on the property tax roll. Adoption of the resolutions also acknowledges the filing of annual reports for each CFD. This is a routine process that occurs each year.

The proposed special taxes are a continuation of the special taxes currently, or authorized to be, levied on the property tax roll. There are no increases proposed to the maximum rates, other than an annual adjustment, provided the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters) previously authorized such adjustment. Revenue received from the special tax funds maintenance and administrative expenses for the service CFDs or debt service and administrative expense requirements for the bonded CFDs.

The Finance Subcommittee reviewed the annual inflationary adjustments proposed to be applied to the maximum rates, if previously authorized by the property owners, at its April 25, 2023 meeting.

DISCUSSION
The Mello-Roos Community Facilities Act of 1982 (the “Act”) allows the formation of CFDs to fund the operation and maintenance of public improvements and/or finance the construction of public infrastructure improvements by the issuance of bonds. The qualified electors within the boundaries of the CFDs approved the Rate and Method of Apportionment (RMA) and authorized the levy of a special tax on their properties to fund the services of the district or as security for repayment of bonds. The RMA establishes A.9
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the special tax formula (e.g. rate of annual adjustment, if any, etc.) and how the special tax is apportioned to properties included in each CFD.

The special tax cannot be levied on the property tax roll nor can adjustments be made to the maximum and applied rates, as authorized by the qualified electors, unless the City Council authorizes such actions. Adoption of the resolutions sets the maximum and applied special tax rates, approves the calculation of the rates, and approves an Annual Special Tax Report (“Report”) for each CFD. The resolutions also authorize the County to levy the special tax on the FY 2023/24 property tax roll.

The Report for each CFD includes a description of the formation proceedings, boundary map and identification of parcels included in the district, and the proposed maximum and applied special taxes per parcel to be levied on the property tax roll for FY 2023/24.

Reports for the service CFDs also include a description of the improvements being maintained and estimated operational and administrative costs to provide the service.

The reports for the bonded CFDs include debt service and administrative requirements.

In addition, the Reports for the bonded districts include the Annual Bond Accountability Reports, a requirement of California Government Code Section 53411 (“Government Code”). Boundary maps for the CFDs are also included (Attachment 6). The Reports are on file with the Chief Financial Officer/City Treasurer and accessible from the City’s website (www.moval.org/sd).

The maximum special tax rate is the maximum amount that can be used to calculate the special tax levied on the property tax roll. If the qualified electors have previously authorized an annual inflationary adjustment to the maximum rate, the Report recommends adjusting the maximum rate by the adjustment. Otherwise, it remains unchanged.

The applied special tax rate is the amount that is used to calculate the special tax actually levied on the property tax roll. It is the amount necessary to fund the services of each CFD, including administration and reserves for the upcoming fiscal year. The applied special tax rate cannot exceed the maximum special tax rate.

Conflict of Interest Analysis
Section 18702.2 of the Fair Political Practices Commission (FPPC) Regulations provides that if a Council Member has a financial interest in a parcel of land (other than a leasehold interest), the Council Member must recuse him or herself from voting on any proposal that would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel owned by the Council Member. However, there is an exception under Section 18703 of the FPPC Regulations, which provides that if a governmental decision's financial effect on a Council Member’s financial interest is indistinguishable from its effect on the public generally, then the Council Member’s is not disqualify from participating in the subject decision. In other words, if the Council Member can establish that a significant segment of the public is affected by the decision, and the effect on the Council Member’s financial interest is not unique compared to the effect on the public generally, then the subject Council Member may participate in the subject decision.

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Section 18703 also includes a provision titled “Specific Rules for Special Circumstances,” which provides in part that there is no potential conflict of interest if the decision involves a proposal to set or adjust the amount of an assessment or tax for broadly provided public services that is applied equally, proportionally, or by the same percentage to the official's interest and all businesses, properties, or individuals subject to the assessment or tax. This exception, however, does not apply if the decision would initially impose the assessment or tax, or determine the boundaries of a property or who is subject to the assessment or tax. Under this exception, a Council Member is only permitted to take part in setting or adjusting the amount of the assessment or tax, once the decisions to implement the assessment or tax, or determine which property or persons that will be subject to the assessment or tax have already been made.

Since the instant situation pertains to recommendations regarding whether to adjust the amounts of various assessments and taxes in a manner that will be the same across the board, which are associated with assessment and special tax districts that have already been established, any Council Member who owns property within any of the subject districts who are subject to payment of the assessments and/or special taxes may vote on the assessments and/or special taxes, whether it is recommended that the amounts remain the same or be increased.

With respect to those Council Members who rent or lease real property within any of the subject districts, there is a different rule which applies that suggests that there may be a potential conflict of interest that requires such Council Members to recuse themselves from voting on the proposed assessments and/or special taxes, whether it is recommended that the amounts remain the same or be increased.

Section 18702.2 of the FPPC Regulations, titled “Materiality Standard: Financial Interest in Real Property” provides that it is reasonably foreseeable that a governmental decision on any real property in which a Council Member has a leasehold interest is material if the governmental decision will increase or decrease the potential rental value of the property. In cases involving any proposed increase in an assessment or special tax that must be paid by the landlord as the property owner, it is foreseeable that the landlord may pass-through any such increase to anyone leasing the property that is subject to the assessment or special tax.

In light of the foregoing, it is recommended that each Council Member who rents property within a particular district that is subject to the taxes and assessments listed in this staff report should recuse themselves from participating in any decision to increase any tax or assessment that may be passed through by the landlord and consequently affect the potential rental value of the property rented by the Council Member. On the other hand, for those who own property within the subject districts may vote on the proposed taxes and assessments since they will be applied equally across the board that presumably will not create a unique effect on the Council Member’s interest.

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This action meets the Strategic Plan Priorities by providing the financial resources to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life.

ALTERNATIVES

1. Adopt the resolutions and recommended actions as presented. Staff recommends this alternative as it will allow for the collection of revenue necessary to fund services or satisfy debt service obligations of the CFDs.

It is also consistent with the bond covenants, if applicable, Act, and Government Code.

2. Do not approve the recommended actions. Staff does not recommend this alternative as it may prevent the City from levying the special taxes on the 2023/24 property tax roll and leave the CFDs without sufficient revenue to fund services or satisfy debt service obligations. This alternative may require a contribution from the General Fund. It will also require use of reserve funds to make debt service payments, which will trigger a “significant event” and affect the City’s reputation in the bond market.

Furthermore, failure to file the Reports is a violation of the Act and Government Code.

3. Continue the item to a future regular City Council meeting. Staff does not recommend this alternative as it may prevent the City from meeting the County of Riverside’s deadline to include the special taxes on the FY 2023/24 property tax roll.

FISCAL IMPACT
Property owners pay the special tax as part of their annual property tax bill. The special tax, including annual adjustments where applicable, has been approved by the affected qualified electors through prior proceedings. Funds received for the benefit of each CFD are restricted and can only be used to fund the services and obligations of each district.

The tables below provide a summary of the proposed maximum and applied special tax rates for FY 2023/24. Only those tax rate areas with annexed parcels are shown in the table for CFD 2014-01. The complete schedule can be found as part of the Report.

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Maximum Applied Maximum1 Applied
$ 14,622.83 $ 11,099.55 $ 14,915.29 $ 14,123.88 2.00% $ 3,024.33 25 $ 407,050.00 $ 14,622.83 $ - $ 14,915.29 $ - 2.00% $ -
$ 3,500.00 $ 2,699.65 $ 3,500.00 $ 2,745.79 0.00% $ 46.14 3 $ 202,337.50 $ 3,500.00 $ - $ 3,500.00 $ - 0.00% $ -
$ 4,450.00 $ - $ - $ - 0 $ -
$ 3,850.00 $ - $ - $ - 0.00% 0 $ -
District
CFD No. 87-1 IA1 (Towngate)
Area 1
Area 2
CFD No. 5 (Stoneridge)2
Developed
Special Tax
Revenue
1 Maximum rates are based on a predetermined formula as outlined in the Rate and Method of Apportionment for each CFD. The Annual Adjustment Rate was approved by the Qualified Electors (landowners or registered voters).
2 Subject to an annual adjustment of the Maximum Special Tax equal to two percent (2%).

Proposed Annual Special Tax Rates
Undeveloped
IA No. 1 of CFD No. 7
Developed
Undeveloped
FY 2022/23 FY 2023/24
Bonded CFDs
per acre per acre
per acre per acre
No. of Parcels
Levied
Adjustment to
Maximum1
Change in
Applied
per acre per acre

0.00%
$ 0.121450 $ 0.008776 $ 0.134130 $ 0.011659 13.249% $ 0.002883 17 $ 84,944.00 SL-01A $ 295.94 $ 31.50 $ 310.72 $ 31.50 $ - 1,096 $ 34,524.00 SL-01B $ 93.00 $ 6.76 $ 97.64 $ 9.73 $ 2.97 339 $ 3,300.00 SL-02 $ 4.82 $ 0.55 $ 5.06 $ 0.55 $ - 58 $ 21,555.31
LM-01B $ 63.78 $ - $ 66.96 $ 66.96 $ 66.96 5 $ 334.80
LM-01C $ 117.00 $ 46.96 $ 122.84 $ 122.84 $ 75.88 102 $ 12,529.68 LM-01D $ 191.48 $ - $ 201.04 $ 201.04 $ 201.04 4 $ 804.16 LM-01E $ 287.24 $ 275.00 $ 301.60 $ 301.60 $ 26.60 98 $ 29,556.80 LM-01F $ 404.30 $ 102.62 $ 424.50 $ 102.62 $ - 221 $ 22,679.02 LM-01G $ 542.64 $ 122.48 $ 569.76 $ 135.92 $ 13.44 416 $ 56,542.72 LM-01H $ 702.26 $ 347.68 $ 737.36 $ 347.68 $ - 55 $ 19,122.40 LM-01K $ 1,308.82 $ 628.24 $ 1,374.26 $ 682.90 $ 54.66 86 $ 58,729.40 TC-01A $ 25.28 $ - $ 26.54 $ 26.54 $ 26.54 4 $ 106.16
LM-02A $ 16.36 $ 7.20 $ 17.16 $ 9.26 $ 2.06 13 $ 24,721.16 LM-02B $ 8.16 $ 4.96 $ 8.56 $ 5.39 $ 0.43 14 $ 16,479.67 TC-03 $ 38.98 $ 16.00 $ 40.92 $ 37.84 $ 21.84 9 $ 39,732.38 $ 959.12 $ 959.12 $ 1,007.06 $ 1,007.06 $ 47.94 111 $ 111,783.66 $ 2.66 $ - $ 2.78 $ - $ - 111
District
Residential Landscaping
CFD No. 2014-01 (Maintenance Services)4,5
Tax Rate Area6
Proposed Annual Special Tax Rates
per parcel per parcel
per proportional front footage per proportional front footage Residential Street Lighting
Non-Residential Street Lighting
Maximum Applied Maximum1 Applied
FY 2022/23 FY 2023/24 No. of Parcels
Levied
Change in
Applied
Special Tax
Revenue
per proportional front footage per proportional front footage Adjustment to
Maximum1
Service CFDs
Non-Residential Landscaping
per square foot per square foot CFD No. 4-M (Centerpointe)2,3

5.00%
SD-01
1Maximum rates are based on a predetermined formula as outlined in the Rate and Method of Apportionment for each CFD. The Annual Adjustment Rate was approved by the Qualified Electors (landowners or registered voters).
2Maintenance of certain storm drain facilities.
3Subject to an annual adjustment based on the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous fiscal year.
4Maintenance & operation of street lights, public landscaping, and streets and drainage. 5Subject to an annual escalation factor based on the greater of the increase in the annual percentage change in the CPI (4.93%) or five percent (5%). 6Only those Tax Rate Areas that have parcels annexed into it are shown. See the Report for a complete schedule.

Traffic Circle Landscaping Without Monument/Signage Features for Property Other than Single-Family
Residential
per angularly allocated landscape
foot
per angularly allocated landscape
foot
Street Maintenance and Drainage for
Single-Family Residential

NOTIFICATION
Posting of the agenda.

PREPARATION OF STAFF REPORT
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Prepared By: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager Concurred By:

Melissa Walker
Public Works Director

CITY COUNCIL GOALS
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.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.

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

1. Resolution for CFD No. 5

2. Resolution for CFD No. 7

3. Resolution for CFD No. 87-1 IA1

4. Resolution for CFD No. 4-M

5. Resolution for CFD No. 2014-01

6. Boundary Maps

APPROVALS
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Budget Officer Approval ✓ Approved . 5/05/23 10:28 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/05/23 11:25 AM
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1 Resolution No. 2023-__
Date Adopted: May 16, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING THE

CONTINUATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 5 OF THE CITY OF MORENO VALLEY

MAXIMUM AND APPLIED SPECIAL TAX RATES FOR
FISCAL YEAR 2023/24, AND CALCULATION THEREOF
WHEREAS, the City Council of the City of Moreno Valley, California, did form Community Facilities District No. 5 of the City of Moreno Valley (“CFD No. 5” or “District”) pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and
WHEREAS, following approval by the qualified electors of the District, the legislative body did adopt Ordinance No. 701 (“Ordinance”) to authorize a levy of a special tax within CFD No. 5; and
WHEREAS, on May 31, 2007, the City of Moreno Valley issued the Community Facilities District No. 5, 2007 Special Tax Bonds in the amount of $5,870,000; and WHEREAS, the legislative body of the District determined that it would be prudent in the management of the fiscal affairs of the District to issue bonds for the purpose of refunding the Original Bonds; and
WHEREAS, on December 7, 2021, the legislative body adopted Resolution No. 2021-81, which authorized the issuance of Special Tax Refunding Bonds for the District to accomplish a net reduction in the debt service requirement, and approved the Bond Indenture terms and conditions pertaining to the issuance of $4,795,000 for CFD No. 5; and
WHEREAS, the Ordinance authorizes the legislative body, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied shall not exceed the maximum special tax rate authorized to be levied pursuant to the Rate and Method of Apportionment (“RMA”); and WHEREAS, the Riverside County Auditor-Controller’s Office requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, the maximum annual special tax for developed and undeveloped property has been established by the RMA at $10,652.00 per acre for fiscal year (FY) 2006/07. Per the RMA, the maximum annual special tax shall be increased by an A.9.a
Packet Pg. 211 Attachment: Resolution for CFD No. 5 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 2 Resolution No. 2023-__
Date Adopted: May 16, 2023
amount equal to two percent (2%) each fiscal year in order to meet the annual special tax requirement; and
WHEREAS, the annual special tax requirement shall be applied first to developed properties based on the maximum special tax rate; and WHEREAS, if additional monies are required to fund the annual special tax requirement, then the special tax shall be applied proportionately to all undeveloped properties; and
WHEREAS, the City Council has determined that continuing the calculation of the applied special tax and application of the special tax, as previously approved by the qualified electors, for each applicable assessable parcel of real property within the District, consistent with the RMA, will provide the necessary and equitable revenue stream to fund the obligations of the District for FY 2023/24; and WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, Government Code §53410 requires that on or after January 1, 2001, any bond measure that is subject to voter approval that would provide for the sale of bonds by a local agency shall provide accountability measures; and WHEREAS, Government Code §54311 requires the chief fiscal officer of the issuing local agency to file an Annual Bond Accountability Report with its governing body no later than January 1, 2002, and at least once a year thereafter; and WHEREAS, the City has prepared and submitted the Annual Special Tax and Bond Accountability Report (“Report”) for FY 2023/24, which identifies the maximum and applied special tax rates, in an amount not to exceed the maximum special tax, and the calculation thereof; and
WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on the property tax bills of parcels subject to the special tax.

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

1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.

A.9.a
Packet Pg. 212 Attachment: Resolution for CFD No. 5 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 3 Resolution No. 2023-__
Date Adopted: May 16, 2023

2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the City Council.

3. Maximum Special Tax Rate. The FY 2023/24 maximum special tax rate for developed and undeveloped properties is set at $14,915.29 per acre.

4. Applied Special Tax Rate for Developed Properties. The FY 2023/24 applied special tax rate for developed properties is set at $14,123.88 per acre.

5. Applied Special Tax Rate for Undeveloped Properties. The FY 2023/24 applied special tax rate for undeveloped properties is set at $0 per acre.

6. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.

7. Collection of Special Taxes. The special taxes set forth in the Report, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedures, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.

8. Compliance with Government Code. This legislative body hereby submits the Report in compliance with the above mentioned Government Code Sections, and that the Report shall remain on file with the CFO for review by the public upon request.

9. Modifications. The CFO is authorized to adjust the special taxes levied on the property tax roll in the event there are parcel changes, clerical errors, new parcels annexed into the District, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the RMA.

10.Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

A.9.a
Packet Pg. 213 Attachment: Resolution for CFD No. 5 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 4 Resolution No. 2023-__
Date Adopted: May 16, 2023

11.Certified Copy. The City Clerk is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.

12.Certification. The City Clerk shall certify to the adoption of this Resolution.

13.Effective Date. This Resolution shall become effective immediately upon its adoption.

A.9.a
Packet Pg. 214 Attachment: Resolution for CFD No. 5 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 5 Resolution No. 2023-__
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 2023.
________________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.9.a
Packet Pg. 215 Attachment: Resolution for CFD No. 5 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 6 Resolution No. 2023-__
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.9.a
Packet Pg. 216 Attachment: Resolution for CFD No. 5 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 1 Resolution No. 2023-___
Date Adopted: May 16, 2023
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 7, OF THE CITY

OF MORENO VALLEY MAXIMUM AND APPLIED SPECIAL
TAX RATES FOR FISCAL YEAR 2023/24, AND

CALCULATION THEREOF
WHEREAS, the City Council of the City of Moreno Valley, California, did form Improvement Area No. 1 of Community Facilities District No. 7 of the City of Moreno Valley (“IA1 of CFD No. 7” or “District”) pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, following approval by the qualified electors of the District, the legislative body did adopt Ordinance No. 911 (“Ordinance”) to authorize a levy of a special tax within IA1 of CFD No. 7; and
WHEREAS, on September 15, 2016, the City of Moreno Valley issued the Improvement Area No. 1 of Community Facilities District No. 7 of the City of Moreno Valley Special Tax Bonds in the amount of $3,265,000; and WHEREAS, the Ordinance authorizes the legislative body, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied shall not exceed the maximum special tax rate authorized to be levied pursuant to the Amended and Restated Rate and Method of Apportionment (“RMA”); and
WHEREAS, the Riverside County Auditor-Controller’s Office requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, the maximum annual special tax rate for developed and undeveloped property has been established by the RMA at $3,500 per acre. There is no escalator clause for the maximum special tax rate; and WHEREAS, the City Council has determined that continuing the calculation of the applied special tax and application of the special tax, as previously approved by the qualified electors, for each applicable assessable parcel of real property within the District, consistent with the RMA, will provide the necessary and equitable revenue stream to fund the obligations of the District for fiscal year (FY) 2023/24; and A.9.b
Packet Pg. 217 Attachment: Resolution for CFD No. 7 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 2 Resolution No. 2023-___
Date Adopted: May 16, 2023
WHEREAS, the City, acting for and on behalf of itself and the CFD, and the property owners entered into an Area Drainage Plan (“ADP”) Fee Agreement under which the City agreed to transfer local ADP fees paid by future annexation property owners, who made payment of the ADP fees in lieu of annexing into the CFD, to the CFD and such payments will be used to offset the special tax requirement; and WHEREAS, to satisfy the special tax requirement, the special tax shall be levied proportionately on (i) each assessor’s parcel of annexed property up to 100% of the applicable maximum special tax, and (ii) each assessor’s parcel of developed property up to 100% of the applicable maximum special tax; and
WHEREAS, if additional monies are required to fund the annual special tax requirement, then the special tax shall be applied proportionately to all undeveloped properties up to the maximum special tax; and
WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, Government Code §53410 requires that on or after January 1, 2001, any bond measure that is subject to voter approval that would provide for the sale of bonds by a local agency shall provide accountability measures; and WHEREAS, Government Code §54311 requires the chief fiscal officer of the issuing local agency to file an Annual Bond Accountability Report with its governing body no later than January 1, 2002, and at least once a year thereafter; and WHEREAS, the City has prepared and submitted the Annual Special Tax and Bond Accountability Report (“Report”) for FY 2023/24, which identifies the maximum and applied special tax rates, in an amount not to exceed the maximum special tax rate, and the calculation thereof; and
WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference as if fully set forth; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on the property tax bills of parcels subject to the special tax.

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

1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.

A.9.b
Packet Pg. 218 Attachment: Resolution for CFD No. 7 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 3 Resolution No. 2023-___
Date Adopted: May 16, 2023

2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the City Council.

3. Maximum Special Tax Rate. The FY 2023/24 maximum special tax for developed and undeveloped properties is set at $3,500 per acre.

4. Applied Special Tax Rate for Developed Properties. The FY 2023/24 applied special tax for developed properties is set at $2,745.79 per acre.

5. Applied Special Tax Rate for Undeveloped Properties. The FY 2023/24 applied special tax for undeveloped properties is set at $0.00 per acre.

6. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.

7. Collection of Special Taxes. The special taxes set forth in the Report, shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The CFO is hereby authorized and directed to provide all necessary information to the Treasurer and Tax Collector of Riverside County and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of IA1 of CFD No. 7 in each FY.

10.Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid A.9.b
Packet Pg. 219 Attachment: Resolution for CFD No. 7 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 4 Resolution No. 2023-___
Date Adopted: May 16, 2023
provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

11.Certified Copy. The City Clerk is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.

12.Certification. The City Clerk shall certify to the adoption of this Resolution.

13.Effective Date. This Resolution shall become effective immediately upon its adoption.

APPROVED AND ADOPTED this 16th day of May 2023.
________________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.9.b
Packet Pg. 220 Attachment: Resolution for CFD No. 7 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 5 Resolution No. 2023-___
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.9.b
Packet Pg. 221 Attachment: Resolution for CFD No. 7 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 1 Resolution No. 2023-___
Date Adopted: May 16, 2023
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE IMPROVEMENT AREA NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 87-1 OF THE

CITY OF MORENO VALLEY MAXIMUM AND APPLIED
SPECIAL TAX RATES FOR FISCAL YEAR 2022/23, AND

CALCULATION THEREOF
WHEREAS, the City Council of the City of Moreno Valley, California, formed Improvement Area No. 1 of Community Facilities District (CFD) No. 87-1 of the City of Moreno Valley (“CFD No. 87-1 IA1” or “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, following approval by the qualified electors of the District, the legislative body did adopt Resolution No. 93-16 approving the Bond Indenture terms and conditions pertaining to the issuance of the $5,000,000 CFD No. 87-1 IA1 Special Tax Bonds (“Original Bonds”); and
WHEREAS, the legislative body of the District determined that it would be prudent in the management of the fiscal affairs of the District to issue bonds for the purpose of refunding the Original Bonds; and
WHEREAS, on October 23, 2007, the legislative body adopted Resolution No. 2007-120, which authorized the issuance of Special Tax Refunding Bonds for the District to accomplish a net reduction in the debt service requirement, and approved the Bond Indenture terms and conditions pertaining to the issuance of $4,075,000 for CFD No. 87-1 IA1; and
WHEREAS, Ordinance No. 392 authorizes the City Council, by resolution, to annually determine the special tax to be levied in the District; provided, however the special tax to be levied shall not exceed the authorized maximum special tax to be levied pursuant to the Rate and Method of Apportionment (the “RMA”); and WHEREAS, the Riverside County Auditor-Controller’s Office requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, the approved RMA for CFD No. 87-1 IA1 provides that the maximum special tax rates for CFD No. 87-1 IA1 shall be uniformly applied to the property in an amount not to exceed $4,450 per net acre for Tax Rate Area 1 and in an amount not to exceed $3,850 per net acre for Tax Rate Area 2. There is no escalator clause for the special tax rates; and
A.9.c
Packet Pg. 222 Attachment: Resolution for CFD No. 87-1 IA1 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 2 Resolution No. 2023-___
Date Adopted: May 16, 2023
WHEREAS, the former Community Redevelopment Agency (the “Agency”) entered into an agreement with the City on behalf of CFD No. 87-1 and CFD No. 87-1 IA1 entitled “Agency Improvement Area Agreement” under which the Agency agreed to make payments to CFD No. 87-1 IA1 from tax increment (TI) revenues from the redevelopment project area to offset or reduce the applied special tax; and WHEREAS, given the dissolution of the Agency in June of 2011 through California State Legislative trailer bills AB 1x 26 and AB 1x 27, and the process to discharge the obligation of the Agency, the City, as Successor Agency to the former Agency, must annually submit for approval to the Riverside Countywide Oversight Board (the “Oversight Board”) a Recognized Obligation Payment Schedule (the “ROPS”), which identifies the amount of available TI payable toward the CFD No. 87-1 IA1 special tax; and
WHEREAS, in the event the Oversight Board does not approve the ROPS or payment of TI in any given fiscal year, the City can submit a special tax amount sufficient to meet the special tax requirement to the County for collection on the property tax bills provided it does not exceed the maximum special tax; and WHEREAS, the Oversight Board has approved the TI payment for fiscal year (FY) 2023/24 through June 2023; and
WHEREAS, the City Council has determined that continuing the calculation of the applied special tax and application of the special tax, as previously approved by the qualified electors, for each applicable assessable parcel of real property within the District, consistent with the RMA, will provide the necessary and equitable revenue stream to fund the obligations of the District for FY 2023/24; and WHEREAS, the calculation of the special tax is in compliance with the laws pertaining to the levy of the special tax; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, California Government Code §53410 requires that on or after January 1, 2001, any local bond measure that is subject to voter approval that would provide for the sale of bonds by a local agency shall provide accountability measures; and
WHEREAS, California Government Code §53411 requires the chief fiscal officer of the issuing local agency file an Annual Bond Accountability Report with its governing body no later than January 1, 2002, and at least once a year thereafter; and WHEREAS, the City has prepared and submitted the Annual Special Tax and Bond Accountability Report (the “Report”) for FY 2023/24, which identifies the maximum A.9.c
Packet Pg. 223 Attachment: Resolution for CFD No. 87-1 IA1 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 3 Resolution No. 2023-___
Date Adopted: May 16, 2023
and applied annual special tax rates, in an amount not to exceed the maximum special tax rates, and the calculation thereof; and
WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (the “CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office to be levied on the property tax bills of parcels subject to the special tax.

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

1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.

2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the City Council.

3. Maximum Special Tax Rate for Tax Rate Area 1. The FY 2023/24 maximum special tax rate for properties located within Tax Rate Area 1 is set at $4,450 per taxable acre for parcels within Tax Rate Area 1.

4. Applied Special Tax Rate for Tax Rate Area 1. The FY 2023/24 applied special tax rate for properties located within Tax Rate Area 1 is set at $0.00 per taxable acre for parcels within Tax Rate Area 1.

5. Maximum Special Tax Rate for Tax Rate Area 2. The FY 2023/24 maximum special tax rate for properties located within Tax Rate Area 2 is set at $3,850 per taxable acre for parcels within Tax Rate Area 2.

6. Applied Special Tax Rate for Tax Rate Area 2. The FY 2023/24 applied special tax rate for properties located within Tax Rate Area 2 is set at $0.00 per taxable acre for parcels within Tax Rate Area 2.

7. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.

8. Collection of Special Taxes. The special tax rates set forth in the Report, shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, and sale and lien priority in case of delinquency as is provided for ad valorem taxes.

A.9.c
Packet Pg. 224 Attachment: Resolution for CFD No. 87-1 IA1 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 4 Resolution No. 2023-___
Date Adopted: May 16, 2023

9. Compliance with Government Code. This legislative body hereby submits the Report in compliance with the above mentioned Government Code Sections, and that the Report shall remain on file in the office of the City’s CFO for review by the public upon request.

10.Modifications. The CFO is authorized to adjust the special taxes levied on the property tax roll in the event there are parcel changes, clerical errors, new parcels annexed into the District, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the RMA.

11.Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

12.Certified Copy. The City Clerk is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.

13.Certification. The City Clerk shall certify to the adoption of this Resolution.

14.Effective Date. This Resolution shall become effective immediately upon its adoption.

A.9.c
Packet Pg. 225 Attachment: Resolution for CFD No. 87-1 IA1 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 5 Resolution No. 2023-___
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 2023.
________________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.9.c
Packet Pg. 226 Attachment: Resolution for CFD No. 87-1 IA1 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 6 Resolution No. 2023-___
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Jane Halstead Bradvica, Deputy City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 16
th day of May 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.9.c
Packet Pg. 227 Attachment: Resolution for CFD No. 87-1 IA1 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 1 Resolution No. 2023-___
Date Adopted May 16, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING THE

CONTINUATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 4-MAINTENANCE OF THE CITY OF

MORENO VALLEY MAXIMUM AND APPLIED SPECIAL
TAX RATES FOR FISCAL YEAR 2023/24, AND

CALCULATION THEREOF
WHEREAS, the City Council of the City of Moreno Valley, California, did form Community Facilities District No. 4-Maintenance of the City of Moreno Valley (“CFD No. 4-M” or “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and
WHEREAS, following approval by the qualified electors of the District, the legislative body did adopt Ordinance No. 697 (“Ordinance”) approving the rate and method of apportionment of special taxes (RMA) to authorize a levy of a special tax within CFD No. 4-M; and
WHEREAS, the Ordinance authorizes the legislative body, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied does not exceed the maximum special tax authorized to be levied pursuant to the RMA; and
WHEREAS, the City Council adopted Resolution No. 2005-108 authorizing annexation of Territory in the future to CFD No. 4-M; and WHEREAS, annexations to CFD No. 4-M have been conducted by the City following formation of the District; and
WHEREAS, the Riverside County Auditor-Controller’s Office requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, the maximum annual special tax rate for developed and undeveloped property has been established by the RMA at $0.00737 per square foot of land area for fiscal year (FY) 2006/07. Per the RMA, the maximum annual special tax shall be increased each fiscal year thereafter, by an amount equal to the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the end of the calendar year; and
WHEREAS, the qualified electors authorized an annual adjustment to the maximum special tax rate through prior proceedings; and A.9.d
Packet Pg. 228 Attachment: Resolution for CFD No. 4-M (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 2 Resolution No. 2023-___
Date Adopted: May 16, 2023
WHEREAS, the City Council has determined that continuing the calculation of the applied special tax and application of the special tax, as previously approved by the qualified electors, for each assessable parcel of real property within the District will provide the necessary and equitable revenue stream to fund the services of the District for FY 2023/24; and
WHEREAS, the City Council has determined that continuing the calculation of the maximum special tax rate, including an annual adjustment is necessary; and WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, the City has prepared and submitted the Annual Special Tax Report (“Report”) for FY 2023/24, which identifies the maximum and applied annual special tax rates for each parcel, in an amount not to exceed the maximum special tax, and the calculation thereof; and
WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on property tax bills of parcels subject to the special tax.

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

1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.

2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the City Council.

3. Maximum Special Tax Rate. The FY 2023/24 maximum special tax rate is set at $0.013413 per square foot of land area.

4. Applied Special Tax Rate. The FY 2023/24 the applied special tax rate is set at $0.011659 per square foot of land area.

5. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.

A.9.d
Packet Pg. 229 Attachment: Resolution for CFD No. 4-M (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 3 Resolution No. 2023-___
Date Adopted: May 16, 2023

6. Collection of Special Taxes. The special taxes set forth in the Report, shall be collected on the Riverside County tax roll at the same time and in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the Riverside County tax roll or may, by resolution, elect to collect the taxes at a different time or in a different manner if necessary to meet its financial obligations.

7. Modifications. The CFO is authorized to adjust the special taxes levied on the property tax roll in the event there are parcel changes, clerical errors, new parcels annexed into the District, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the RMA.

8. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the City Council shall be construed as committing the City or the District to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue within the District.

9. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

10.Certified Copy. The City Clerk is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.

11.Certification. The City Clerk shall certify to the adoption of this Resolution.

12.Effective Date. This Resolution shall become effective immediately upon its adoption.

A.9.d
Packet Pg. 230 Attachment: Resolution for CFD No. 4-M (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 4 Resolution No. 2023-___
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 2023.
________________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.9.d
Packet Pg. 231 Attachment: Resolution for CFD No. 4-M (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 5 Resolution No. 2023-___
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.9.d
Packet Pg. 232 Attachment: Resolution for CFD No. 4-M (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 1 Resolution No. 2023-___
Date Adopted: May 16, 2023
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING THE

CONTINUATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 2014-01 (MAINTENANCE SERVICES)

MAXIMUM AND APPLIED TAX SPECIAL TAX RATES FOR
FISCAL YEAR 2023/24, AND CALCULATION THEREOF
WHEREAS, the City Council of the City of Moreno Valley, California, did form City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (“CFD No. 2014-01” or “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, following approval by the qualified electors of the District, the legislative body did adopt Ordinance No. 874 approving the rate and method of apportionment of special tax (“RMA”) to authorize a levy of special taxes within CFD No. 2014-01; and
WHEREAS, on October 28, 2014, the legislative body did adopt Ordinance No. 882, providing for future annexation to the District and adopting the First Amended and Restated RMA which provides tax rates for single-family residential parcels served by typical street light and landscape improvements; and
WHEREAS, the legislative body did adopt Ordinance No. 889 on February 10, 2015, providing for future annexation to the District and adopting the Second Amended and Restated RMA which provides for the equitable apportionment of the tax with respect to single-family residential parcels and the equitable apportionment of the tax with respect to non-single-family residential parcels; and WHEREAS, the legislative body did adopt Ordinance No. 980 on April 20, 2021, providing for future annexation to the District and adopting the Third Amended and Restated RMA which provides for the equitable apportionment of taxes to fund services associated with perimeter street lights, traffic circles, drainage improvements and roads; and
WHEREAS, the Ordinance No. 874, Ordinance No. 882, Ordinance No. 889, and Ordinance No. 980 authorize the legislative body, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the RMA; and
WHEREAS, the Riverside County Auditor-Controller’s Office requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
A.9.e
Packet Pg. 233 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 2 Resolution No. 2023-__
Date Adopted: May 16, 2023
WHEREAS, for fiscal year (FY) 2014/15, the maximum special tax rates for taxable property in SL-01A (Single-Family Residential Street Lighting) and SL-02 (Street Lighting for Property Other than Single-Family Residential) were as follows:

Tax Rate Area No. Rate
SL-01A (Single-Family Residential Street Lighting,
Perimeter and Interior Street Lighting)
$197.39 per Single-Family Residential Parcel
SL-02 (Street Lighting for Property Other than SingleFamily Residential) $3.25 per Proportional Front Footage WHEREAS, for FY 2021/22, the maximum special tax rates for taxable property in SL-01B (Single-Family Residential Street Lighting, Perimeter Street Lighting Only) is as follows:

Tax Rate Area No. Rate
SL-01B (Single-Family Residential Street Lighting,
Perimeter Street Lighting Only)
$87.28 per Single-Family Residential Parcel
WHEREAS, for FY 2014/15, the maximum special tax rates for taxable property in Tax Rate Area No. LM-01 (Single-Family Residential Landscaping) were as follows:

Maintenance
Category Maintenance Ratio
Rate per SingleFamily Residential
Parcel
LM-01A Less than or equal to 20 square feet per Single-Family Residential Parcel $14.19
LM-01B 21 - 40 square feet per Single-Family Residential Parcel $42.58 LM-01C 41 - 70 square feet per Single-Family Residential Parcel $78.06 LM-01D 71 - 110 square feet per Single-Family Residential Parcel $127.73 LM-01E 111 - 160 square feet per Single-Family Residential Parcel $191.60 LM-01F 161 - 220 square feet per Single-Family Residential Parcel $269.66 LM-01G 221 - 290 square feet per Single-Family Residential Parcel $361.91 LM-01H 291 - 370 square feet per Single-Family Residential Parcel $468.36 LM-01I 371 - 460 square feet per Single-Family Residential Parcel $589.00 LM-01J 461 - 560 square feet per Single-Family Residential Parcel $723.83 LM-01K 561 - 670 square feet per Single-Family Residential Parcel $872.85 LM-01L 671 - 790 square feet per Single-Family Residential Parcel $1,036.07 LM-01M 791 - 920 square feet per Single-Family Residential Parcel $1,213.48 LM-01N 921 – 1,060 square feet per Single-Family Residential Parcel $1,405.08 LM-01O 1,061 – 1,210 square feet per Single-Family Residential Parcel $1,610.87 LM-01P 1,211 – 1,370 square feet per Single-Family Residential Parcel $1,830.86 LM-01Q 1,371 – 1,540 square feet per Single-Family Residential Parcel $2,065.04 LM-01R 1,541 – 1,720 square feet per Single-Family Residential Parcel $2,313.41 LM-01S 1,721 – 1,910 square feet per Single-Family Residential Parcel $2,575.98 LM-01T 1,911 – 2,110 square feet per Single-Family Residential Parcel $2,852.73 A.9.e
Packet Pg. 234 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 3 Resolution No. 2023-__
Date Adopted: May 16, 2023
WHEREAS, for FY 2014/15, the maximum special tax rates for taxable property in Tax Rate Area No. LM-02 (Landscaping for Property Other than Single-Family Residential) were as follows:

WHEREAS, for FY 2021/22, the maximum special tax rates for taxable property in Tax Rate Area No. TC-01 (Traffic Circle Landscaping without Monument/Signage Features for Single-Family Residential) are as follows:

WHEREAS, for FY 2021/22, the maximum special tax rates for taxable property in Tax Rate Area No. TC-02 (Traffic Circle Landscaping with Monument/Signage Features for Single-Family Residential) are as follows:

Maintenance
Category Maintenance Description Rate per Proportional Front Footage LM-02A Median(s) (other than Medians-Shared) $10.94
LM-02B Median(s)-Shared $5.47
LM-02C Parkway(s) $13.48
Maintenance
Category Maintenance Ratio
Rate per SingleFamily Residential
Parcel
TC-01A Less than or equal to 20 square feet per Single-Family Residential Parcel $23.73
TC-01B 21 - 40 square feet per Single-Family Residential Parcel $71.28 TC-01C 41 - 70 square feet per Single-Family Residential Parcel $130.73 TC-01D 71 - 110 square feet per Single-Family Residential Parcel $213.93 TC-01E 111 - 160 square feet per Single-Family Residential Parcel $320.90 TC-01F 161 - 220 square feet per Single-Family Residential Parcel $451.65 TC-01G 221 - 290 square feet per Single-Family Residential Parcel $606.20 TC-01H 291 - 370 square feet per Single-Family Residential Parcel $784.50 TC-01I 371 - 460 square feet per Single-Family Residential Parcel $986.60 TC-01J 461 - 560 square feet per Single-Family Residential Parcel $1,212.48 TC-01K 561 - 670 square feet per Single-Family Residential Parcel $1,462.08 TC-01L 671 - 790 square feet per Single-Family Residential Parcel $1,735.50 TC-01M 791 - 920 square feet per Single-Family Residential Parcel $2,032.68 TC-01N 921 – 1,060 square feet per Single-Family Residential Parcel $2,353.63 A.9.e
Packet Pg. 235 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 4 Resolution No. 2023-__
Date Adopted: May 16, 2023
WHEREAS, for FY 2021/22, the maximum special tax rates for Traffic Circle Landscaping for Property Other than Single-Family Residential are as follows:

Tax Rate Area No. Rate
TC-03 (Without Monument/Signage Features) $36.58 per Angularly Allocated Landscape Foot TC-04 (With Monument/Signage Features) $43.89 per Angularly Allocated Landscape Foot WHEREAS, for FY 2021/22, the maximum special tax rates for taxable property in Tax Rate Area No. SD-01 (Street Maintenance and Drainage for Single-Family Residential) are as follows:

WHEREAS, per the RMA as amended and authorized by the qualified electors, the maximum annual special tax shall be increased annually, beginning the year following the base year, as defined in the RMA, by the greater of the increase in the annual percentage change in the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles-Riverside-Orange County Region as published by the Department of Labor’s Bureau of Labor Statistics or five percent (5%); and WHEREAS, the City Council has determined that continuing the calculation of the applied special tax and application of the special tax, as previously approved by the Maintenance
Category Maintenance Ratio
Rate per SingleFamily Residential
Parcel
TC-02A
Less than or equal to 20 square feet per Single-Family
Residential Parcel $37.96
TC-02B 21 - 40 square feet per Single-Family Residential Parcel $114.04 TC-02C 41 - 70 square feet per Single-Family Residential Parcel $209.16 TC-02D 71 - 110 square feet per Single-Family Residential Parcel $342.28 TC-02E 111 - 160 square feet per Single-Family Residential Parcel $513.44 TC-02F 161 - 220 square feet per Single-Family Residential Parcel $722.64 TC-02G 221 - 290 square feet per Single-Family Residential Parcel $969.92 TC-02H 291 - 370 square feet per Single-Family Residential Parcel $1,255.20 TC-02I 371 - 460 square feet per Single-Family Residential Parcel $1,578.56 TC-02J 461 - 560 square feet per Single-Family Residential Parcel $1,939.96 TC-02K 561 - 670 square feet per Single-Family Residential Parcel $2,339.32 TC-02L 671 - 790 square feet per Single-Family Residential Parcel $2,776.80 TC-02M 791 - 920 square feet per Single-Family Residential Parcel $3,252.28 TC-02N 921 – 1,060 square feet per Single-Family Residential Parcel $3,765.80 Maintenance
Category Maintenance Description Maximum Rate
SD-01 Street Maintenance and Drainage
$900 per Taxable Parcel plus
$2.50 per Proportional Curb Foot
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Packet Pg. 236 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 5 Resolution No. 2023-__
Date Adopted: May 16, 2023
qualified electors, for each assessable parcel of real property within the District will provide the necessary and equitable revenue stream to fund the services of the District for FY 2023/24; and
WHEREAS, the City Council has determined that continuing the calculation of the maximum special tax rate, including an annual adjustment is necessary; and WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, the City has prepared and submitted the Annual Special Tax Report (“Report”) for FY 2023/24, which identifies the maximum and special tax rates, in an amount not to exceed the maximum special tax, and the calculation thereof; and WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on the property tax bills of parcels subject to the special tax.

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

1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.

2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the City Council.

3. Street Lighting Special Tax Rates. The FY 2023/24 maximum and applied special tax rates for taxable properties in Street Lighting Tax Rate Areas are identified in Exhibit “A” attached hereto and incorporated into this Resolution by this reference.

4. Landscaping Special Tax Rates for Single-Family Residential. The FY 2023/24 maximum special tax and applied special tax rates for taxable property in Tax Rate Area No. LM-01 (Single-Family Residential Landscaping) are identified in Exhibit “A”.

5. Landscaping Special Tax Rates for Property Other than Single-Family Residential. The FY 2023/24 maximum special tax and applied special tax rates for taxable property in Tax Rate Area No. LM-02 (Landscaping for Property Other A.9.e
Packet Pg. 237 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 6 Resolution No. 2023-__
Date Adopted: May 16, 2023
than Single-Family Residential) and TC (Traffic Circle Landscaping for Property Other than SFR) are identified in Exhibit “A”.

6. Street Maintenance and Drainage Special Tax Rates for Single-Family Residential. The FY 2023/24 maximum special tax and applied special tax rates for taxable property in Tax Rate Area No. SD-01 (Street Maintenance and Drainage for Single-Family Residential) are identified in Exhibit “A”.

7. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.

8. Collection of Special Taxes. The special taxes set forth in the Report, will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Notwithstanding the forgoing, any special taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.

10.Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the City Council shall be construed as committing the City or the District to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue within the District.

12.Certified Copy. The City Clerk is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.

13.Certification. The City Clerk shall certify to the adoption of this Resolution.

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Packet Pg. 238 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 7 Resolution No. 2023-__
Date Adopted: May 16, 2023

14.Effective Date. This Resolution shall become effective immediately upon its adoption.

APPROVED AND ADOPTED this 16th day of May 2023.
________________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
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Packet Pg. 239 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 8 Resolution No. 2023-__
Date Adopted: May 16, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
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Packet Pg. 240 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 9 Resolution No. 2023-__
Date Adopted: May 16, 2023
Exhibit “A”
FY 2023/24 Special Tax Rates
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Packet Pg. 241 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 10 Resolution No. 2023-__
Date Adopted: May 16, 2023
Tax Rate
Area Description
Unit of
Calculation
LM-01 Single-Family Residential Landscaping per parcel
LM-01A Less than or equal to 20 square feet per Single-Family Residential Parcel 22.28 - LM-01B 21 - 40 square feet per Single-Family Residential Parcel 66.96 66.96 LM-01C 41 - 70 square feet per Single-Family Residential Parcel 122.84 122.84 LM-01D 71 - 110 square feet per Single-Family Residential Parcel 201.04 201.04 LM-01E 111 - 160 square feet per Single-Family Residential Parcel 301.60 301.60 LM-01F 161 - 220 square feet per Single-Family Residential Parcel 424.50 102.62 LM-01G 221 - 290 square feet per Single-Family Residential Parcel 569.76 135.92 LM-01H 291 - 370 square feet per Single-Family Residential Parcel 737.36 347.68 LM-01I 371 - 460 square feet per Single-Family Residential Parcel 927.32 - LM-01J 461 - 560 square feet per Single-Family Residential Parcel 1,139.62 - LM-01K 561 - 670 square feet per Single-Family Residential Parcel 1,374.26 682.90 LM-01L 671 - 790 square feet per Single-Family Residential Parcel 1,631.24 - LM-01M 791 - 920 square feet per Single-Family Residential Parcel 1,910.58 - LM-01N 921 – 1,060 square feet per Single-Family Residential Parcel 2,212.26 - LM-01O 1,061 – 1,210 square feet per Single-Family Residential Parcel 2,536.26 - LM-01P 1,211 – 1,370 square feet per Single-Family Residential Parcel 2,882.66 - LM-01Q 1,371 – 1,540 square feet per Single-Family Residential Parcel 3,251.40 - LM-01R 1,541 – 1,720 square feet per Single-Family Residential Parcel 3,642.46 - LM-01S 1,721 – 1,910 square feet per Single-Family Residential Parcel 4,055.86 - LM-01T 1,911 – 2,110 square feet per Single-Family Residential Parcel 4,491.62 - LM-02 Landscaping for Property Other than Single-Family Residential per
proportional
front foot
LM-02A Median(s) (other than Median(s)-Shared) 17.16 9.26 LM-02B Median(s) Shared 8.56 5.39
LM-02C Parkway(s) 21.16 -
TC-01 Traffic Circle Landscaping without Monument for SFR per parcel TC-01A Less than or equal to 20 square feet per Single-Family Residential Parcel 26.54 26.54 TC-01B 21 - 40 square feet per Single-Family Residential Parcel 79.74 - TC-01C 41 - 70 square feet per Single-Family Residential Parcel 146.26 - TC-01D 71 - 110 square feet per Single-Family Residential Parcel 239.36 - TC-01E 111 - 160 square feet per Single-Family Residential Parcel 359.06 - TC-01F 161 - 220 square feet per Single-Family Residential Parcel 505.38 - TC-01G 221 - 290 square feet per Single-Family Residential Parcel 678.32 - TC-01H 291 - 370 square feet per Single-Family Residential Parcel 877.84 - TC-01I 371 - 460 square feet per Single-Family Residential Parcel 1,103.96 - TC-01J 461 - 560 square feet per Single-Family Residential Parcel 1,356.72 - TC-01K 561 - 670 square feet per Single-Family Residential Parcel 1,636.02 - TC-01L 671 - 790 square feet per Single-Family Residential Parcel 1,941.98 - TC-01M 791 - 920 square feet per Single-Family Residential Parcel 2,274.52 - TC-01N 921 – 1,060 square feet per Single-Family Residential Parcel 2,633.66 - TC-02 Traffic Circle Landscaping with Monument for SFR per parcel TC-02A Less than or equal to 20 square feet per Single-Family Residential Parcel 42.46 - TC-02B 21 - 40 square feet per Single-Family Residential Parcel 127.58 - TC-02C 41 - 70 square feet per Single-Family Residential Parcel 234.04 - TC-02D 71 - 110 square feet per Single-Family Residential Parcel 382.98 - TC-02E 111 - 160 square feet per Single-Family Residential Parcel 574.50 - TC-02F 161 - 220 square feet per Single-Family Residential Parcel 808.60 - TC-02G 221 - 290 square feet per Single-Family Residential Parcel 1,085.32 - TC-02H 291 - 370 square feet per Single-Family Residential Parcel 1,404.54 - TC-02I 371 - 460 square feet per Single-Family Residential Parcel 1,766.36 - TC-02J 461 - 560 square feet per Single-Family Residential Parcel 2,170.76 - TC-02K 561 - 670 square feet per Single-Family Residential Parcel 2,617.64 - TC-02L 671 - 790 square feet per Single-Family Residential Parcel 3,107.18 - TC-02M 791 - 920 square feet per Single-Family Residential Parcel 3,639.22 - TC-02N 921-1,060 square feet per Single-Family Residential Parcel 4,213.86 - TC Traffic Circle Landscaping for Property Other than SFR TC-03 Without Monument/Signage Features 40.92 37.84
TC-04 With Monument/Signage Features 49.08 -
SL-01 Single-Family Residential Street Lighting
SL-01A Perimeter and Interior Street Lighting 310.72 31.50 SL-01B Perimeter Street Lighting Only 97.64 9.73
Street Lighting for - -
Property Other than Single-Family Residential 5.06 0.55 per parcel 1,007.06 1,007.06

2.78 2.78
per angularly
per parcel
Maximum Applied
FY 2023/24
SD-01 Street Maintenance and Drainage
per
SL-02 per front linear
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Packet Pg. 242 Attachment: Resolution for CFD No. 2014-01 (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN CFD No. 5 Boundary Map
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Packet Pg. 243 Attachment: Boundary Maps (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY FACILITIES A.9.f
Attachment: Boundary Maps (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR A.9.f
Packet Pg. 245
Attachment: Boundary Maps (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CFD No. 87-1 Improvement Area 1 Boundary Map

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Packet Pg. 246 Attachment: Boundary Maps (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY FACILITIES A.9.f
Packet Pg. 247 Attachment: Boundary Maps (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY FACILITIES A.9.f
Packet Pg. 248
Attachment: Boundary Maps (6238 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR Report to City Council
ID#6233 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: May 16, 2023
TITLE: AWARD OF AN INDEPENDENT CONTRACTOR

AGREEMENT FOR LANDSCAPE MAINTENANCE

SERVICES (LANDSCAPE DISTRICTS - NORTH) (CITY

COUNCIL AND CSD BOARD), WHICH IS FUNDED BY
PARCEL CHARGES (AGMT. NO. 2023-XX)

RECOMMENDED ACTION
Recommendations:

1. Approve the Agreement for On-Site and/or Professional Services for Landscape Districts – North (“Agreement”) with Mariposa Landscapes, Inc., 6232 Santos Diaz St. Irwindale, CA 91702, and waive any and all minor irregularities, to provide landscape and irrigation maintenance services for certain landscape maintenance districts for a period of five years at a total not-to-exceed amount of $2,032,771.18.

2. Authorize the City Manager to execute the Agreement with Mariposa Landscapes, Inc. and authorize the Assistant City Manager/Chief Financial Officer to execute subsequent amendments to the Agreement, in accordance with its terms, subject to the approval of the City Attorney and provided sufficient funding appropriations and program approvals have been granted by the City Council.

SUMMARY
This report recommends award of an Agreement to (the “Contractor”). The Agreement is for a five-year term for landscape and irrigation maintenance services and is subject to an annual inflationary adjustment.

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Funding for the landscape maintenance services is provided through a parcel charge collected as part of the annual property tax bill. The parcel charge is only applied to those properties receiving benefit from the public landscaping and where such property owners have previously approved the charge.

DISCUSSION
The City established landscape maintenance districts to provide the financial resources to maintain public landscaping in parkways, medians, traffic circles, and open space areas for designated developments throughout the community. Property owners within a landscape maintenance district pay a parcel charge as part of their annual property tax bill. Revenue received from the parcel charge funds the cost to provide the landscape maintenance services. The funds received from the parcel charge are restricted and can only be used for landscape maintenance services and only in the area for which they are collected.

The frequency of landscape maintenance service provided is based on each area’s financial resources. At the time the City accepts an area’s public landscaping for maintenance, the parcel charge is set at a rate sufficient to fund the City’s standard frequency of service, Level 1 (4-week rotation). For those areas where costs to maintain the landscaping have increased and the property owners have not approved an increase in the parcel charge, the frequency of service has been reduced to a level consistent with available funding.

Based on the pricing provided in the Contractor’s proposal and the projected parcel charge revenue for the landscape areas included in this Agreement, there is sufficient funding to continue providing the same frequency of service as the areas are receiving in fiscal year (FY) 2022/23. The table in the Fiscal Impact section identifies each of the landscape areas included in this Agreement and proposed service level for FY 2023/24.

The areas include two designated zones and one housing tract located throughout the City and are represented in the maps included in Exhibit A of the Agreement (Attachment 1).

Maintenance of the public landscaping is performed by licensed and insured landscape contractors. The contractors are selected through a competitive Request for Proposal (RFP) process every five-years, consistent with the City’s Procurement Policy. Public Contract Code 22002, the Uniform Public Construction Cost Accounting Act (Municipal Code 3.12.300), allows the use of the RFP procurement process for landscape maintenance services.

On March 6, 2023, an initial RFP (RFP #2023-004) for landscape maintenance services was issued using the City’s electronic bid and vendor management system (PlanetBids). Eight hundred and forty-nine (849) vendors were notified, and eight responses were received by the RFP due date of 2:00 p.m. on March 31, 2023.

The RFP requested information on the proposer’s 1) ability to provide the services, 2) qualifications and certifications in accordance with accepted standards, 3) references A.10
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from other municipalities/public agencies where similar services have been provided, and 4) pricing. Evaluation of the responses were independently completed by representatives from the Landscapes Services Division.

Staff recommends 1) awarding the Agreement to Mariposa Landscapes, Inc., waiving any and all minor irregularities, 2) authorizing the City Manager to execute the Agreement, and 3) authorizing the Assistant City Manager/Chief Financial Officer to approve all future amendments in accordance with the terms of the Agreement and subject to the approval of the City Attorney. Such amendments shall only be entered into provided they are within the authorized not-to-exceed amount and provided sufficient funding appropriations and program approvals have been granted by the City Council. Authorizing the Assistant City Manager/Chief Financial Officer to amend the Agreement allows for adjustments in additional work services, as may be necessary, without a delay in service.

This action meets the Strategic Plan Priorities by managing and maximizing Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost-effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.

ALTERNATIVES

1. Approve the Agreement for Landscape Maintenance Services with Mariposa Landscapes, Inc. and related recommended actions as presented in this staff report. Staff recommends this alternative to provide uninterrupted maintenance of the public landscaping.

2. Do not approve the Agreement. Staff does not recommend this alternative as it may cause an interruption in the maintenance of the public landscaping.

Additional costs may be incurred to obtain another landscape maintenance contractor with no guarantee that a more qualified contractor can be found at a better cost.

3. Do not approve the Agreement but continue the item to a future City Council meeting. Staff does not recommend this alternative as it may cause an interruption in the maintenance of the referenced public landscaping.

FISCAL IMPACT
Maintenance costs to provide public landscape maintenance services is funded through a property owner approved parcel charge, which is levied on the property tax bills.

Revenue from the parcel charge can only be used for landscape maintenance services and administrative costs associated with the landscape maintenance. Costs for these services are included in the City’s FY 2023/24 Adopted Operating Budget and are allocated in the amounts as shown in the following table.

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The term of the Agreement is five years, provided funding appropriations and program approvals have been granted by the City Council each fiscal year. The Agreement is subject to an annual Consumer Price Index (CPI) inflation adjustment, at the discretion of the City and with appropriate City Council funding and program approvals. The following table is the not-to-exceed amount of the five-year Agreement (including an estimate for annual CPI adjustments).

NOTIFICATION
The RFP was posted on the City’s bid portal (PlanetBids) on March 6, 2023. PlanetBids notified 849 vendors about this RFP.

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PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager/Chief Financial Officer/City Treasurer Concurred By:

Felicia London
Purchasing & Sustainability Division Manager

CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.

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

1. Agreement - Mariposa Landscapes, Inc.

APPROVALS
Budget Officer Approval ✓ Approved . 5/08/23 9:10 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/08/23 9:15 AM
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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 Mariposa Landscapes, Inc., a Corporation, with its principal place of business at 6232 Santos Diaz St. Irwindale, CA 91702, 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 landscape maintenance 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 landscape maintenance contracting services, is licensed in the State of California, if applicable;
C. City desires to engage Contractor to render such services for the professional landscape maintenance 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 effect on the date the City signs this Agreement].

TERMS

1. CONTRACTOR INFORMATION:

Contractor’s Name: Mariposa Landscapes, Inc.

Address: 6232 Santos Diaz St.

City, State, Zip: Irwindale, CA, 91702
Business Phone: 626-960-0196
Business License Number: 16607
Federal Tax I.D. Number: 95-4245898

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, as needed and as directed any and all services rendered without prior written authorization of the City shall be performed at Contractors’ risk and expense.

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

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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, 2023 to June 30, 2028 unless terminated earlier as provided herein, subject to allocation of funds pursuant to a duly adopted City budget. 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. Labor Laws and Prevailing Wages; 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].

All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/ or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America.

Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of denial of family and medical care leave; race; religious creed (including religious dress and grooming practices); color; national origin A.10.a
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(including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veterans status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the State of California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects and expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the CITY an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1170 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the CITY twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. In the event the total cost of the Project is A.10.a
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thirty thousand dollars ($30,000.00) or more, Contractor shall further comply with provisions set forth in Labor Code Section 1777.5 pertaining to employment of properly registered apprentices, including without limitation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio as set forth in said section; (iii) submit contract award information to an applicable apprenticeship program; and (iv) contribute to California Apprenticeship Council.

Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll record, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provided by the DLSE.

Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, The CITY or any member of the public and otherwise provide certified copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor.

Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h).

Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including the Agreement, that is subject to the payment of prevailing wages. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

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.

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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 personnel for performance of this Agreement are as follows: Terry Noriega.

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 the Terry Noriega, 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.

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J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement, except for any such claim arising out of the sole and/or active negligence or willful misconduct of the City. 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. CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the law, Contractor shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

L. 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.

M. Insurance Requirements. the Contractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated A.10.a
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(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:

X 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.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

_____________________________________________________
Signature, Title
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 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 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 A.10.a
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City prior to the execution of this Agreement. In addition to providing such insurance documentation prior to entering into the agreement, contractor shall deliver a current certificate of insurance and applicable endorsement annually upon request of city and as may otherwise be reasonably requested by the City.

The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:

Solely as respect to services done by or on behalf of the named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, employees and agents are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, its officers, employees and agents, under any third party liability policy
The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days 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.

N. Payment Bond. A bond in an amount at least equal to one hundred percent (100%) of the Base Work as shown in the Compensation Schedule as security for payment of persons performing labor and/or furnishing materials in connection with the Agreement.

In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

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O. Intellectual Property. Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor 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.

P. 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.

Q. (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.

R. 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 A.10.a
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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.

S. 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.

T. 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.

U. 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:

Mariposa Landscapes, Inc.
6232 Santos Diaz St.

Irwindale, CA 91702
Attn: Terry Noriega, President
City:

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

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

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

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

Y. 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.10.a
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benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

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

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

BB. 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.

CC. 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.

DD. Supplementary General Conditions. (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by Contractor for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions.

These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.

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

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

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

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

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

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

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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 royaltyfree, 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. Contactor 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).

EE.Civil Code Section 1542 Waiver
a. Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants A.10.a
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that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

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Initials
FF. Substitution of Subcontractors: Pursuant to Synergy Project Management v. the City and County of San Francisco, 33 Cal.App.5th 21 (2019), City may initiate substitution proceedings and direct Contractor to remove any subcontractor from performing any work on the Project, in the event City deems such subcontractor’s performance to be substantially unsatisfactory and not in substantial accordance with the Project’s plans and specifications.

GG. CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications (if applicable), City has an obligation to treat all persons working for or under the direction of Contractor as an independent contractor of City and agents and employees of Contractor, and not as agents or employees of City. Contractor and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.

HH. CalPERS Retiree Disclosure. Contractor hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Contractor who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to City approval, assigned by Contractor to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.

II. Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, Contractor shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either Contractor or City files an appeal or court challenge, Contractor and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.

SIGNATURE PAGE TO FOLLOW
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Page 14 of 14 ends

IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley and Moreno
Valley Community Services District Mariposa Landscapes, Inc.

By: By:

Title: Mike Lee, City Manager Title: (President or Vice President) By: Date:

Title: Mike Lee, City Manager, Acting in
the capacity of District Manager to
the Moreno Valley Community
Services District
Date:

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney

Date
RECOMMENDED FOR APPROVAL:

Department Head

Date
By:

Title: Corporate Secretary or Assistant
Secretary
Date:

Affix Corporate Seal Below
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EXHIBIT A – SCOPE OF WORK

LANDSCAPE MAINTENANCE

1. GENERAL PROVISIONS
A. The work to be performed under this agreement shall include the furnishing of all labor, material, and equipment necessary for the provision of landscape, irrigation and appurtenant maintenance services within the boundaries of the various City landscape maintenance districts, zones, or City responsible landscape areas as determined in the resolutions or agreements of the City Council and/or Community Services District Board establishing said landscape maintenance, zones, or City responsible landscape areas and as said boundaries may have been heretofore or may be hereafter amended, and as more particularly shown on the Location Map or Maps included herein and as may be amended during the term of this Agreement.

B. The Contractor shall have the duty to: mow, edge, trim, and fertilize turf, groundcover, and shrub areas designated hereunder; regularly maintain and prune those portions of trees up to eighteen feet (18’) in height; remove litter and debris from all sites as required under this agreement; provide general pest control services as requested, including but not limited to weeds, insects, vertebrate pests, and diseases; maintain irrigation systems; hand water and bleed valves as necessary during emergencies when automatic systems are not functioning; complete and submit required reporting forms as provided herein or as may be added from time to time; and submit invoices in a timely manner and in detail by and for each landscape area to include specific reference to WQB ID, Median ID, Tract ID, LMD zone or CFD area for which work was completed.

C. All work shall be performed in accordance with usual and customary horticultural practices to achieve, and maintain healthy, viable landscapes. The Public Works Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter designated as "Director" will periodically inspect all the operations and approve or reject the work performed, and methods or materials used, and make changes in the work scheduling.

D. The Contractor shall be responsible for carefully reviewing the site(s), and verifying the square footage noted for each location of proposed work included in the Proposal. The Contractor shall not be relieved of his/her/its liability under this agreement, nor shall the City be held liable for any loss sustained by the Contractor for any variance between conditions as referred to herein and the actual conditions revealed during the examination of the locations of the proposed work.

E. All work shall be performed in accordance with the provisions of this agreement and in accordance with an approved service schedule, as approved by the A.10.a
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Director. Service schedules may be modified with 30 days advance written notice by the City.

F. Failure to adhere to comply with any provisions included herein may result in the assessment of non-performance penalties per Exhibit C.

G. All equipment used in the performance of work under this agreement shall be compliant with the current regulations of the California Air Resources Board.

2. TURF CARE
A. All turf areas shall be mowed, edged, and trimmed per the Frequency of Services Table, as set forth in Exhibit E, Schedule II. Should weather and/or site conditions preclude the normally scheduled frequency of this service during any month, or portion thereof, the maintenance schedule shall be modified at the discretion and approval of the Director.

B. At the discretion of the Director, turf areas may be mowed with mulching-type mowers of a type acceptable to the City.

C. All mowing and edging equipment shall: be in proper working order; have blades properly sharpened, balanced, and aligned; be thoroughly cleaned of all excess clippings, soil, and debris prior to move-in at each site.

D. All clippings, soil, and debris generated by mowing and edging operations shall be immediately collected, removed from the site, and disposed of in a legal manner. For the purposes of this Specification the term "site" shall include, but is not limited to, appurtenant hardscaping, sidewalks, curbs and gutters.

E. Machines operating on turf known to have a disease, fungus, or insect infestation shall be sterilized with a five percent (5%) chlorine bleach, and water solution prior to move-in to any other site.

F. Mowing height for cool season grasses shall not exceed three inches (3”) maximum, or two inches (2”) minimum, and shall be adjusted within these parameters on a seasonal basis.

G. Mowing height for warm season grasses shall not exceed one and one-half inches (1½”) maximum, or three-quarters of an inch (¾”) minimum, and shall be adjusted within these parameters on a seasonal basis.

H. All turf borders shall be cut with a vertical blade edger. Use of string trimmers to perform this task is not acceptable.

I. Trimming around turf appurtenances (i.e., valve and meter boxes, backflow devices and controller enclosures, sprinklers) may be accomplished with use of string trimmers.

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J. Whenever trees occur in turf areas, a twelve-inch (“12”) ring of grass shall be removed from around the trunks to protect the crowns from mechanical damage.

These rings shall be maintained in a clean, weed free condition.

K. Thin areas in turf shall be resodded or reseeded as necessary to prevent invasion of weeds.

L. Fertilization. See Fertilizer Use.

M. Pest Control. See Pesticide Use.

N. Aeration. All turf areas shall be aerated per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director.

1. Aeration equipment shall be of the hollow tine type. The tines shall have a minimum diameter of one-half inch (½”), and a penetration depth of at least two inches (2”). There shall be no more than six inches (6”) between tines; Areas to be treated shall be adequately irrigated prior to treatment to allow maximum tine penetration.

2. Any soil cores remaining on the turf surface two (2) week after treatment must be removed.

3. Humus base fertilizer is to be applied directly following spring and fall aeration operations.

4. Renovation/thatching and additional aeration operations are to be considered Additional Work, per Exhibit C.

3. TREE CARE
A. All trees are to be maintained in a manner that will promote normal, healthy growth.

B. The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthorized take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA), including but not limited to Sections 703-713 and the California Department of Fish and Wildlife Code Sections 3503, 3503.5, and 3513.

C. For the purposes of these Specifications, trimming, pruning, and pest control operations for those portions of trees greater than eighteen feet (18’) in height is to be considered Additional Work, per Exhibit C.

D. Whenever site conditions permit, trees are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public safety and tree survival. All tree trimming/pruning shall be done in conformance with ANSI A300 (Part 1)-2017 (or most current revision); safety requirements will be per ANSI Z133-2017 (or most current revision) standards, and the most A.10.a
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current version of the City’s Tree Management Administrative Procedure AP#

2.14. E. Trees shall be pruned to:

1. Remove dead, diseased, or damaged branches;

2. Remove unwanted encroachments into the public and/or utility rights-ofway;

3. Correct any condition, which the Director has deemed to be hazardous.

F. Portions of trees up to eighteen feet (18’) in height shall:

1. Be pruned to enable successful adaptation to their particular site situation;

2. Have no more than one-third (1/3) of living branches removed annually;

3. Be fertilized only as directed by City field staff.

G. Portions of trees over eighteen feet (18’) in height shall:

1. Be inspected annually;

2. Pruned and/or trimmed as necessary to maintain proper site orientation;

3. Be pruned and/or trimmed as necessary to remove unwanted encroachments into public, and/or utility rights-of-way;

4. Be pruned and/or trimmed as necessary to correct any condition, which the Director has deemed to be hazardous;

5. Pruned to remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.

H. Pruning tools shall:

1. Be kept properly sharpened, and in proper working order.

2. Be sterilized with five percent (5%) chlorine bleach and water solution before commencing work, and between cuts on any tree known to be diseased.

I. The following practices shall not be allowed:

1. Internodal cuts of any kind (a.k.a. "stubbing", "shearing", "tipping", "topping").

2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.

3. Use of pruning paint/pruning compound/wound dressing.

4. Use of climbing spurs or gaffs.

J. All prunings/trimmings and debris generated by pruning operations shall be immediately removed from the site, and disposed of in a legal manner.

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K. Trees shall be staked/guyed in a manner, and with materials that are acceptable to the Director. Double staking with two (2) lodge pole-type stakes is the minimum City standard.

L. Tree stakes, tree ties, and guy wires shall be inspected regularly to ensure against girdling and abrasion, and removed as soon as possible after tree establishment, and site conditions allow.

M. After the stump grinding is complete, the area shall be backfilled with the grindings 2” above level.

N. Pest Control. See Pesticide Use.

4. SHRUB CARE
A. All shrubs are to be maintained in a manner that will promote normal, healthy growth.

B. For the purposes of these Specifications, shrubs are defined as any multistemmed/low branching woody plants whose height at maturity is not less than one foot (1’), or greater than ten feet (10’).

C. Whenever site conditions permit, shrubs are to be allowed to grow to assume their full, natural shape, with the minimum constraints necessary to assure public safety and plant survival.

D. Shrubs shall be pruned and/or trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director, to:

1. Remove dead, diseased, or damaged branches.

2. Remove unwanted encroachments into public and/or utility rights-of-way.

3. Correct any condition which the Director has deemed to be hazardous.

E. Shrubs shall be pruned in a manner that will:

1. Enable successful adaptation to their particular site situation.

2. Follow the maturation of the leaves/needles of the first seasonal growth flush, unless accepted practices for a particular species (i.e. roses) dictate otherwise.

F. Pruning tools must:

1. Be kept properly sharpened, and in proper working order.

2. Be sterilized with a five percent (5%) chlorine bleach and water solution before commencing work, and between cuts on any shrub known to be diseased.

G. The following practices are not allowed:

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1. Internodal cuts (e.g. "stubbing", "tipping", "topping"). Shearing (e.g. "boxing", "hedging", "balling", "poodling") will be done only when authorized by the Director on a site-specific basis.

2. Cuts made flush with trunk or branch. The integrity of branch collars is to be maintained at all times.

3. Use of pruning paint/pruning compound/wound dressing.

H. Fertilization. See Fertilizer Use.

I. Pest Control. See Pesticide Use.

5. GROUND COVER CARE
A. All ground covers are to be maintained in a manner that will promote normal, healthy growth.

B. For the purposes of these Technical Provisions, ground covers are defined as mass plantings of same-species, multi-stemmed plants with a trailing growth habit, whose height at maturity does not exceed ± one foot (1’).

C. Ground covers shall be pruned/trimmed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise directed by the Director to:

1. Remove dead, diseased, or damaged branches/crowns.

2. Remove unwanted encroachments into or upon public and/or utility rightsof-way, as well as other landscape components (i.e., shrubs, trees, turf areas, irrigation equipment, walls, and monuments).

3. Remove any impediment to the proper conveyance of nuisance and/or storm water flows through a water quality facility.

4. Correct any condition which the Director has deemed to be hazardous.

D. Ground covers shall be pruned/trimmed/renovated:

1. To enable successful adaptation to their particular site situation;

2. In accordance with accepted practices for the particular species in question.

E. Pruning tools shall:

1. Be kept properly sharpened, and in proper working order.

2. Be sterilized with a five percent (5%) chlorine bleach and water solution before commencing operations at any site.

F. String trimmers shall not be used for any of the above described operations unless authorized by the Director on a site-specific, task-specific basis.

G. Fertilization. See Fertilizer Use.

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H. Pest Control. See Pesticide Use.

6. CHANNEL AND HABITAT CARE
The channel thinning zones will be subject to long-term management practices for flood control work. The channel-thinning zones are comprised of the two 40-foot-wide thinning zones. Beyond the 40-foot channel-thinning zones, removal of native vegetation shall be allowed only to assure proper operation of slope buffer area irrigation systems, to perform permitted fire protection activities, and to eliminate any hazardous condition for public safety.

The Contractor or any subcontractors working under Contractor’s direction and control must observe all restrictions on the unauthorized take of migratory birds, as set forth in the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA), including but not limited to Sections 703-713 and the California Department of Fish and Game Code sections 3503, 3503.5, and 3513.

A. Vegetative Thinning

1. When vegetation and removal is deemed necessary by the City, and regulatory permits are in place to provide for adequate flood protection, the City shall determine if the work shall be accomplished by hand crews, mechanical equipment, or a combination of available resources. In reaching this determination, careful consideration shall be given to the mutual goal of minimizing negative impacts throughout the mitigation site and continuing to allow the drainage to function as a flood control channel designed to support 100-year flood flows.

2. The channel thinning zones will be maintained annually by mowing or removing vegetation above the existing soil level not to exceed two feet (24- inches) in height so that all channels will support 100-year flood flows.

3. For maintenance of channel the Contractor may use:
a. Four-wheel-drive all-terrain vehicle (ATV) type maintenance vehicles to haul personnel, equipment, trash, trimmings, weeds, and debris. b. A 30-40 horsepower utility tractor with bucket and mower for mowing channel bottoms.
c. A skip-loader and/or backhoe as required to effect irrigation mainline repairs in areas accessible to this type of equipment.

B. Timing of Vegetative Thinning

1. The Contractor will perform maintenance services within the 40-foot wide thinning zones pursuant to existing City policies, guidelines, and regulations, and required regulatory permits, including but not limited to National Pollutant Discharge Elimination System (NPDES) permits, and community obligations to maintain flood carrying capacity within all channels, as required under FEMA’s LOMR, dated September 27, 2004, and required regulatory permits. The contractor shall conduct the annual A.10.a
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vegetative thinning program within the 40-foot wide thinning zones, outside the bird nesting season and consistent with the U.S. Fish and Wildlife Service Migratory Bird Treaty Act (MBTA). If annual vegetative thinning must occur during the nesting season, this activity will be authorized if the vegetation to be thinned represents a threat to public safety and/or biological surveys confirming the absence of nesting birds occurs at this time as well.

C. Pesticide Use and Weeding

1. Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities shall be limited pursuant to existing City policies and guidelines, and/or as described herein.

2. The Contractor will conduct weed abatement on a quarterly basis including, but not limited to, the exotic plant species listed herein. Weeds shall be removed by hand, including the root, or controlled with an appropriate herbicide as determined by a licensed Pest Control Advisor (PCA). The use of herbicides for weed control within the channel shall be used for species such as Bermuda grass (Cynodon dactylon), giant reed (Arundo donax), bindweed (Convolvulus arvensis), and salt cedar (Tamarix sp.). Only pesticides approved for use within stream courses shall be authorized for use within all channel areas.

3. All weeds shall be removed from the mitigation site and/or controlled at all times.

4. Weeds are defined as “any plant species whose presence on a site is detrimental to the appearance of the site and the normal, healthy growth of plant materials intended for the site.” All plants that constitute a public health or safety hazard shall also be considered weeds. Examples of weeds to be controlled include, but are not limited to:
a. Arundo/giant reed (Arundo donax);
b. Artichoke thistle/cardoon (Cynara cardunculus);
c. Australian saltbush (Atriplex semibaccata);
d. Bermuda grass (Cynodon dactylon);
e. Biennial mustard (Hirschfeldia incana);
f. Black mustard (Brassica nigra);
g. Broom species (Cytisus spp.);
h. Bull thistle (Cirsium vulgare);
i. Canary Island date palm (Phoenix canariensis);
j. Castor bean (Ricinis communis);
k. Cootamundra wattle (Acacia baileyana);
l. Fennel (Foeniculum vulgare);
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m. Filaree/Storksbill (Erodium spp.);
n. Foxtail chess (Bromus madritensis);
o. Hottentot fig (Carpobrotus edulis);
p. Italian ryegrass (Lolium multiflorum);
q. Italian thistle (Carduus pycnocephalus);
r. Ivy (Hedera spp.);
s. Japanese honeysuckle (Lonicera japonica);
t. Kikuyu grass (Pennisetum clandestinum);
u. Pampas grass (Cortaderia jubata; C. selloana);
v. Periwinkle (Vinca major);
w. Peruvian pepper tree (Schinus molle);
x. Rabbitsfoot grass (Polypogon monspeliensis);
y. Red valerian (Centranthus ruber);
z. Ripgut brome (Bromus diandrus);
aa.Russian thistle (Salsola tragus);
bb.Slender oats (Avena barbata);
cc. Soft chess (Bromus hordeaceus);
dd.Tamarisk (Tamarix ramosissima, T. parviflora);
ee.Tree tobacco (Nicotiana glauca);
ff. Umbrella sedge (Cyperus involucratus);
gg.Water bent grass (Agrostis viridis); and
hh.Wild oat (Avena fatua).

D. Trash and Debris Removal

1. The mitigation site shall be kept free of trash and debris in perpetuity. Trash and debris removal shall occur in accordance with the Frequency of Services schedule (Exhibit E, Schedule II). If trash and debris removal is required during the bird-nesting season, this will be allowed pursuant to required regulatory permits, and/or in order to protect public safety. Care will be taken so that trash removal activities minimize or avoid impacts to existing native plants.

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E. Access to Channel

1. Channel access may be attained via the access road adjacent to the Pedestrian Bridge at the western end of the channel or through the three gates located along Hastings Drive on the northern side of the channel.

Pedestrian access shall be authorized for all maintenance or authorized personnel. Care shall be taken to avoid impacts to existing vegetation outside the channel-thinning zones.

F. Mulefat Scrub Area

1. Existing Mulefat Scrub areas must be left undisturbed.

7. OPEN SPACE AREA (PASEO) CARE
A. All open space (paseo) areas shall be maintained in a condition free of unwanted plant species, as determined by the Director.

B. Non-woody plants, such as grasses and annual forbs shall be trimmed to a height of twenty-four (24) inches or lower at a frequency of no less than one (1) time per year, as determined by the Director.

C. Woody slope plantings shall be maintained in a manner that minimizes the accumulation of dead wood. This shall be accomplished by means of periodic trimming, pruning, and/or roguing, as determined by the Director.

D. A band of bare soil, twenty-four (24) inches in width shall be maintained per the Frequency of Service Table wherever Open Space (Paseo) areas abut residential parcels.

E. Newly planted and/or established tree and woody shrub plantings shall receive irrigation adequate to maintain soil moisture and plant vigor; in no case shall the interval between irrigations be greater than once per week. This work may require the use of a water tanker. Contractor shall be liable for replacement of any new or establishing plan materials lost due to Contractor’s negligence, as determined by Director.

F. Watering basins for newly planted and/or establishing tree and woody shrub plantings shall be continuously maintained and kept free of unwanted plant species until properly established, as determined by the Director.

G. All areas damaged by erosion shall be immediately repaired to the originally intended condition and soil. Contractor shall be liable for the cost of repairing all erosion damage caused by Contractor’s negligence.

H. All areas damaged by rodent burrowings shall be immediately repaired to the originally intended condition and soil.

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I. All catch basins, drain lines, brow ditches, and lower slope swale areas shall at all times be kept clean and clear for proper drainage.

J. Minimum flow channels shall be maintained in a manner that assures unimpeded flow of nuisance water per limits of design intent. This work may require periodic thinning/rouging of existing riparian plants, as determined by Director.

8. WATER QUALITY BASIN BOTTOM & FOREBAY / OUTLET STRUCTURE / SAND

BED MAINTENANCE
A. Basin Bottom Vegetation

1. Water Quality Basin bottom vegetation shall be mowed / trimmed to a height of twelve inches (12”) at least one (1) time annually, or as needed to ensure that the facilities function per design intent, per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this section and/or as directed by the Director. Annual mowing / trimming operations shall be initiated no earlier than August 15, and concluded no later than October 1.

2. Machinery / equipment selected to perform mowing / trimming operations shall be operated in a manner that does not: damage or alter basin bottom or basin slope topography, or; damage or render inoperable basin bottom or slope irrigation systems. Any damage to, or alteration of basin bottom or slope topography, or damage of basin bottom or slope irrigation systems resulting from Contractor’s (or sub-contractor’s) operations shall be repaired immediately at Contractor’s sole expense.

3. Debris generated by mowing / trimming operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner B. Concrete and/or Earthen Forebays and Outlet Structures

1. Concrete / earthen forebays and outlet structures shall be cleaned of debris and vegetation at least two (2) times annually, or as needed to ensure that they function per design intent. Scheduled cleanout operations shall be conducted in the spring and fall of the year, no later than May 31 and October 1, respectively per the frequency of service table, as set forth in Exhibit E, unless otherwise stated herein this section and/or as directed by the Director.

2. Machinery / equipment selected to perform cleanout operations shall be operated in a manner that does not alter or damage channel surfaces. Any damage to, or alteration of, channel surfaces resulting from Contractor’s (or sub-contractor’s) operations shall be repaired immediately at Contractor’s sole expense.

3. Debris generated by channel cleanout operations shall be immediately removed from the sites, and disposed of and/or recycled in a legal manner.

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C. Sand Bed

1. Inspect semi-annually for standing water, sediment, trash, and debris; remove accumulated trash and debris from the sand bed, as necessary.

2. Scarify (rake) the top of sand bed to a depth of three (3) inches semiannually.

3. When the Director determines that the sand bed does not drain within seventy-two (72) hours, Contractor shall remove the top three (3) inches of sand and replace with new sand to return the sand layer to the original depth.

4. When the Director determines that scarification or removal of the top three (3) inches of sand layer is no longer effective, Contractor shall remove and replace the entire sand filter layer.

5. Debris generated by sand bed maintenance operations, including but not limited to those described above, shall be immediately removed from the sites, and disposed of in a legal manner.

9. WEED CONTROL
A. For the purposes of these Specifications, weeds are defined as any plant species whose presence on a site is detrimental to: the appearance of the site, as determined by the Director, and the normal, healthy growth of the plant materials intended for that site. Any plants which, in the opinion of the Director, constitute a public health or safety hazard shall also be defined as weeds.

B. Weed control shall be addressed per the Frequency of Service Table, as set forth in Exhibit E, Schedule II unless otherwise stated herein and/or as directed by the Director.

C. Site areas subject to weed control per these Specifications include, but are not limited to: turf areas, tree wells, shrub, planter, and ground cover beds; hardscape areas, including, but not limited to curbs, gutters, and sidewalks; and non-landscaped portions of sites, as determined by the Director.

D. Debris generated by manual and/or mechanical weed control operations shall be immediately removed from the site, and disposed of in a legal manner.

E. Chemical Weed Control. See Use of Chemicals.

10.IRRIGATION
A. Irrigation shall be maintained and tested per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.

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B. Water shall be delivered by means of automatic or manually operated sprinkler systems, quick couplers, hose bibbs, or water tank, as specific site and/or weather conditions require.

C. It shall be the Contractor's duty to maintain all City irrigation systems in a manner that assures their full working capability at all times. Said maintenance shall include, but not be limited to: visual and operational inspections; cleaning/adjusting sprinkler nozzles; flushing of lines; trimming around sprinklers to assure proper coverage; routine repairs; and other tasks as assigned by City field staff.

D. For the purposes of this section, routine irrigation repairs are defined as repair and/or replacement of existing sprinklers or sprinkler components and/or nonpressurized pipe and/or fittings (“lateral lines”) that have been rendered inoperable due to: 1) normal operation (“wear and tear”), and; 2) vandalism, theft, and acts or omissions by third parties.

E. All repairs to, and/or replacement of, irrigation system control components (i.e., backflow prevention assemblies, controllers and control wires, manual and remote control valves) and pressurized pipe and fittings (“mainlines”) rendered inoperable due to circumstances other than Contractor’s operations, shall be considered Additional Work, per Exhibit C.

F. The Contractor shall furnish, at no cost to the City, a remote valve actuating device that is compatible with the make, and model installed at the site(s). This device shall be used by Contractor's personnel while conducting operational irrigation system inspections, and/or repairs.

G. Manually operated irrigation systems shall:

1. Be operated only when Contractor's personnel are present on site.

2. Be turned off during periods of rainfall or as directed by City field staff.

3. Be inspected for, and repaired as necessary to ensure proper operation and coverage not less than at each time of operation.

4. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.

H. Automatic irrigation systems shall:

1. Be inspected for and repaired as necessary to ensure properly operation and coverage.

2. Be turned off during periods of rainfall or as directed by City field staff.

3. Have any and/or all enclosures, vaults, and valve boxes properly secured at all times.

I. Parts/components used to effect irrigation system repairs shall be of the same manufacturer as those originally installed unless otherwise approved by the Director prior to repair operations.

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11.DEBRIS AND LITTER
A. Debris/litter control shall be provided per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.

B. The Contractor shall remove immediately after pruning, trimming, weeding, edging or other work required under this agreement, all debris generated by his or her performance of the work.

C. Contractor shall remove from both planted areas and adjacent hardscapes/walkways the following items, which include but are not limited to:
bottles, cans, paper/plastic, cardboard, dog litter, tumbleweeds / windblown plant litter, automobile tires, or metallic items. Sites that are, in the opinion of the Director, exceptionally littered shall be cleared by the Contractor before the close of business the working day following notification of this condition.

D. All hardscape areas that include, but are not limited to sidewalks, curbs, and gutters shall be maintained in a hazard-free condition.

E. The Contractor shall dispose of all debris and litter off-site and in a legal manner.

F. The Contractor shall notify the Director immediately whenever suspicious and / or hazardous waste materials are discovered within service area sites. Such materials may include, but are not limited to: discarded motor oil, or other petroleum-based liquids; paint; chemical compounds, including but not limited to pesticides, both liquid and dry; any unknown liquid or dry material in an unmarked container; household appliances; household electronic devices, including but not limited to, televisions, computers and computer monitors; firearms or ammunition. Any such articles shall not be touched, handled, or in any way disturbed or moved from the location where they were discovered. Contractor’s staff shall secure the area against entry by any third party until City staff arrives at the site.

12. FERTILIZER USE
A. General.

1. Fertilizer shall be used per the Frequency of Service Table, as set forth in Exhibit E, Schedule II, unless otherwise stated herein and/or as directed by the Director.

2. At the discretion and request of the Director, additional applications may be provided at the pricing terms listed in the Additional Work section of Exhibit E, Scheduled II.

3. Any granular fertilizer material deposited on adjacent hardscaping, including but not limited to sidewalks, gutters, pavement, concrete forebays, utility vaults, or the sand bed, shall be collected immediately and redistributed evenly across the targeted area or removed from the site and A.10.a
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disposed of in a legal manner. In no circumstance shall fertilizer material be allowed to enter the site’s storm drain system.

4. Any fertilizers containing iron will be completely removed from concrete sidewalks before irrigation to prevent staining.

5. Written notification to Director must be provided five (5) working days prior to fertilizer application.

6. Contractor shall supply to the Director a list of all proposed fertilizers to be used in the fulfillment of said agreement and per Exhibit E, Schedule II. Any changes to said list shall be reported per Exhibit E, Schedule II.

7. Contractor shall comply with any federal, state, or local reporting requirements.

B. Turf Fertilization

1. A humus base fertilizer shall be applied to turf areas.

2. All turf areas are to be fertilized as per Table I. All fertilizers are to be of indicated analysis or better.

TABLE I – Turf Fertilization
Rates per 1,000 sq. ft.

Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
February 1 22-0-6** 1 4.5 lbs.

June 1 22-5-5* 1.25 5.7 lbs.

October 1 22-5-5* 1.25 5.7 lbs.
*22-5-5/BEST® TURF GOLD or approved equal Controlled-Release fertilizer. These fertilizers to contain micronutrients including iron. See the following section on fertilizers. **22-0-6/SCOTTS® PROTURF® + Pre-emergent Weed Control or approved equivalent.

These fertilizers to contain micronutrients including iron. See the following sections, below, regarding fertilizers.

3. Humus base fertilizers to be applied by drop spreader only.

4. Humus base fertilizers to be composted, screened, and have a minimum nitrogen level of one-half of one percent (0.5%) (Growpower, EZ Green or equal).

C. Shrub and Ground Cover Fertilization

1. All shrubs and ground covers irrigated by overhead spray sprinklers shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.

2. All shrubs and ground covers irrigated by drip irrigation in conjunction with a fertigation system shall be fertilized in accordance with the standard fertilization guidelines identified in Table II below. However, the frequency of the application shall comply with the application frequency rates as identified in the Frequency of Service Table, as set forth in Exhibit E, Schedule II.

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TABLE II – Shrub and Ground Cover Fertilization
Rates per 1,000 sq. ft.

Month Number of
Applications
Type of
Fertilizer
Lbs. of
Actual N
Lbs. of
Fertilizer
April
(Overhead spray
sprinklers)
1 23-5-10 * 1.5 6.5 lbs.

April
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
September
(Overhead spray
sprinklers)
1 23-5-10 *
(Overhead
spray
sprinklers)

1.5 6.5 lbs.

September
(Drip w/ Fertigation
system)
1 EZ FLO
Fertimaxx
Landscape**
Apply per
manufacturers
specifications
Apply per
manufacturers
specifications
* 23-5-10/BEST@POLY SUPREME or approved equal
**EZ FLO Fertimaxx Landscape or approved equal
D. Tree Fertilization

1. The intent of tree fertilization is to maintain normal and healthy growth of trees, not to produce excessive, rapid, or unnatural growth. Tree fertilization shall be considered Additional Work, per Exhibit C.

2. All trees shall be fertilized as directed by City field staff. Fertilizer type and rates will be specified on a per job basis.

3. Fertilizer will be placed per manufacturer's recommendations, or as directed by City and/or District field staff.

4. No injecting or drilling into tree trunk will be allowed.

5. Applications shall be made when the first growth flush of the year is at 80% leaf expansion, but not before April 30.

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13.PESTICIDE USE
A. General

1. The City of Moreno Valley and the Moreno Valley Community Services District encourages the use of effective alternative pest control measures.

2. All pesticide applications shall be made by or under the supervision of a person holding a valid license, permit or certificate issued pursuant to Sections 11701 and following, and Sections 14151 and following, of the California Food and Agricultural Code. Said person or Contractor is to be registered to conduct a pest control business in the State of California, and the County of Riverside during the entire term of this agreement.

3. All pesticide applications shall be applied as directed by the Director.

4. All pesticide use recommendations shall be in writing, and shall be made by a person holding a valid State of California pest control adviser license pursuant to Sections 12001, and following of the California Food and Agricultural Code. Said person is to be registered with the office of the Agricultural Commissioner of the County of Riverside during the entire term of this agreement.

5. Before the beginning of the agreement period, Contractor shall supply to the Director a list of all proposed pesticides to be used, along with a use recommendation for each pesticide. No pesticide application shall be made prior to Contractor’s submittal and Director’s approval of said list, and recommendations. Any changes, additions, deletions or substitutions to the recommended pesticides listed shall be submitted in writing to the Director for approval prior to any use of newly recommended material.

6. Disposal of empty pesticide containers, if made in the County of Riverside, shall be in strict compliance with label direction, restrictions and precautions, and all applicable federal, state, county, and local regulations, including but not limited to California Code of Regulations, Title 3, Section 6684; Title 16, Section 3142; and Title 3, Section 3143. The Director may require proof of such compliance in the form of a copy of a Contractor's annual Letter of Compliance, as issued by the County Agricultural Commissioner, and submitted by Contractor to the County Waste Management Department.

7. Snail Control
a. Snails shall be controlled on a regular basis on the following plant species:
i. Agapanthus africanus
ii. Aptenia sp.
iii. Gazania sp.
iv. Hemerocallis sp.
b. Snails shall be controlled on an as needed basis on all other plant material.

8. Vertebrate Pest Control
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a. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).
b. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.
c. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of nonperformance penalties, per Exhibit C. d. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.

B. Reporting Specifications

1. Contractor shall be responsible for the filing of all required records and reports, including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as specified by all county, state and federal agencies. Said reports shall contain accurate and valid information. The Director may require copies of all such records and reports be made available for inspection by City staff after giving twenty-four (24) hour notice to Contractor.

2. A written notice shall be provided to the Director five (5) working days prior to any pesticide application. Notice shall include name of chemical, area, rate and method of application, and time of day.

C. Ground Covers, Shrubs, and Trees Pesticide Usage Criteria

1. Weed Control
a. All shrub bed areas shall be treated with an appropriate pre-emergent herbicide at the maximum allowable rate according to the label, and state regulations. This treatment shall be performed per the Frequency of Services Table, Exhibit E, Schedule II.

2. Appropriate chemical control must be used on the following weeds. a. Bermuda Grass
b. Kikuyu Grass
c. Nutsedge
d. Field Bindweed
e. Spurge
f. Any other species deemed necessary by the Director
D. Insect and Disease Control

1. The Director may require certain tree species, which are subjected to excessively dusty conditions, be rinsed off with water, as directed by City field staff. Rinsing A.10.a
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operations that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

2. The Director may require all Platanus species be sprayed annually with two applications of a copper based dormant spray should an infestation be detected.

Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

3. The Director may require all Pyrus and Pyracantha species found to be infected with fireblight be treated with annual applications of a copper based dormant spray. Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

4. The Director may require all Juniperus, Pinus, Cupressus and Pyracantha species found to be infested with mites be treated with an appropriate acaricide.

Applications that require the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

5. All other insect, disease, and fungus problems will be treated on a site- and needspecific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems shall be considered Additional Work, per Exhibit C.

E. Vertebrate Pest Control

1. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever and whenever found on the site(s).

2. Control methods shall be as approved by the Director and shall include, but not be limited to, chemical, and mechanical methods.

3. Failure to treat site(s) for vertebrate pests within seven (7) calendar days of notification from the Director may result in the assessment of non-performance penalties, per Exhibit C.

4. Landscape areas shall be inspected and treated as necessary a minimum of one (1) time per month unless otherwise noted in the Frequency of Services Table or as determined by the Director.

F. Turf Pesticide Usage Criteria

1. Weed Control
a. When the Director determines that the turf weed population at any site(s) exceeds acceptable levels, an appropriate herbicide shall be applied in accordance with all label specifications. Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All turf areas that the Director has determined to be prone to annual weed grass intrusion shall require annual applications of preemergent herbicides labeled for such use. Any preventative treatment that requires the use of A.10.a
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powered delivery systems may be considered Additional Work, per Exhibit C.
c. Failure to apply turf weed control materials within the time frames established by the Director may result in the assessment of nonperformance penalties, per Exhibit C.

2. Insect and Disease Control
a. All turf areas that the Director has determined to have a history of fungus infection shall be treated annually with an appropriate fungicide, as directed.

Treatments that require the use of powered delivery systems may be considered Additional Work, per Exhibit C.
b. All other insect, disease, and fungus problems will be treated on a site and need-specific basis as determined by the Director. Any preventative or curative treatment that requires the use of powered delivery systems may be considered Additional Work, per Exhibit C.
c. All vertebrate pests, including but not limited to gophers, ground squirrels, moles, voles, and mice, shall be controlled on a regular basis wherever, and whenever found on the site(s). Control methods shall be as approved by the Director and shall include, but are not limited to, chemical, and mechanical methods. Failure to treat site(s) for vertebrate pests, within forty-eight (48) hours of being noticed by the Director, may result in the assessment of nonperformance penalties, per Exhibit C.

14.SCHEDULING OF WORK
A. The Contractor will adhere to the facilities, equipment and monthly and annual work schedules submitted as a part of the Contractor’s proposal, and incorporated herein by this reference. These schedules, and any approved revisions thereto, will be used by the City as a basis for determining Contractor’s satisfactory performance.

B. Revisions to facilities, equipment, and work schedules will not be implemented without the prior written approval of the Director. The Contractor will submit proposed revisions to equipment and work schedules in writing to the City at the address as set forth in the Agreement at least ten (10) working days prior to commencing work per the proposed revisions.

C. Failure to submit proposed revisions to equipment, staffing, or work schedules by the time limits established hereinabove may result in the Contractor becoming liable to the City for non-performance penalties per Exhibit C.

D. The above provisions shall not be construed to eliminate the Contractor's responsibility for complying with the requirement to notify the Director for additional maintenance as set forth hereinafter.

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E. The Contractor shall notify the Director in writing at least five (5) working days prior to the date and time of all "Specialty" type maintenance operations. Specialty type maintenance operations includes, but is not limited to:

1. Fertilization;

2. Turf Aeration;

3. Application of pesticides by any method;

4. Other operations so designated by the Director.

Notification of "Specialty" maintenance operations shall include a brief description of intended method(s) of execution, materials to be used, and the dates for commencement and completion of said operations.

F. When inclement weather renders performance per the approved schedule unsafe, impractical, or liable to damage landscaping, the Contractor is required to submit an adjusted work schedule to the Director for approval, which will allow the Contractor to complete the areas affected and resume work in all areas in accordance with the approved service schedule. Failure to advise the City may be cause for assessment of non-performance penalties.

G. For the purposes of this contract, “Working Days” are Mondays through Fridays, excluding holidays as provided herein. The hours of on-site maintenance service will be from 7:00 a.m. to 4:00 p.m. Work may not be performed outside of the days and hours set forth hereinabove, as well as on legal City holidays, without the prior written approval of the Director.

The following days have been designated as City holidays:

If a holiday falls on a Sunday, the following Monday shall be the day the holiday is observed. If a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed. If a scheduled maintenance service day falls on a designated holiday, the Contractor shall submit a proposed make-up day for the Director’s approval.

New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
President’s Day 3rd Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Eve December 24
Christmas Day December 25
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15.FUNCTIONS AND RESPONSIBILITIES
A. For award of the agreement to a Contractor who has not performed landscape and irrigation maintenance services for the site(s) as identified within this agreement for the prior year’s contacting term, the Director and Contractor shall conduct an inspection of all sites covered under this agreement as soon as practicable after its execution, and prior to commencement of Contractor's operations. Following said inspection, the Contractor shall submit to the Director a written affidavit certifying the actual condition of the site(s) relative to the City Specifications, including but not limited to the nature and extent of any deficiencies noted by the Contractor, and acknowledged by the Director. The Contractor is hereby advised that this affidavit shall serve as the benchmark for the Director's evaluation of Contractor's performance under this agreement.

B. The Contractor shall on an ongoing basis maintain and submit complete reports that record all work performed by the Contractor (See Reporting Forms) and at the intervals specified therein. Such reports shall contain, but shall not be limited to Weekly Irrigation reports, Monthly Greenwaste reports, Monthly Landscape Services reports, pesticide reports, and complaints.

C. The monthly payment for the work so reported will not be authorized until such reports are received, and approved by the Director.

D. The Director may require the Contractor to attend meetings with the City field staff at some fixed interval to review the Contractor's operations, and schedule future work.

E. The Contractor shall maintain an office at some fixed place, and be listed in the telephone directory in Contractor's own name or in the Contractor's company’s name.

F. Contractor shall at all times employ some responsible person(s) to receive phone calls and take the necessary action regarding all inquiries, complaints, and/or emergency calls received from the Director or other authorized individuals or agencies as listed below. This person(s) shall be reachable twenty-four (24) hours per day, seven (7) days a week. Contractor will notify the Director at [email protected] within three (3) calendar days of any change of the name or contact information of the responsible person(s).

G. During normal working hours, the Contractor's Supervisor or designated employee responsible for providing maintenance services to the City shall be directly available for immediate notification through some type of reliable electronic means, including but not limited to, mobile or cellular phone.

H. The Contractor or Contractor's designated employee shall confirm said notification within one (1) hour of receipt. An answering service is an acceptable substitute for coverage only during periods outside of normal working hours, provided Contractor is advised of emergency calls within one (1) hour of receipt of the call by the answering service and within twenty-four (24) hours after receipt of non-emergency calls by the A.10.a
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answering service. The above provision for Contractor's communication with the City is the minimum acceptable standard under this agreement.

I. The Contractor shall respond to an emergency call from any of the parties listed herein this section no later than two (2) hours following first notification. In situations involving emergency repair work after normal working hours, the Contractor shall dispatch qualified personnel, and equipment to reach the site within two (2) hours of first notification. An emergency may be called by the following individuals or agencies at any time:

City Manager Parks Maintenance Supervisor
Assistant City Manager Police Department
Facilities Maintenance staff Public Works Director
Fire Department Public Works Division Manager
Senior Landscape Services Inspector Special Districts Division Manager Parks & Landscape Services Division Manager Stand-By Staff Parks and Community Services Director Street Maintenance Supervisor Parks and Community Services Deputy Director Fleet & Facilities Maintenance Supervisor J. Contractor's emergency response and any necessary corrective work is considered Additional Work as defined in Exhibit C, unless said emergency is determined to have been caused by an act or omission attributable to the Contractor.

16.COMPLAINTS
A. All complaints shall be responded to as soon as possible after notification, but in all cases within twenty-four (24) hours, to the satisfaction of the Director. If any complaint is not satisfactorily responded to within twenty-four (24) hours, the Director shall be notified immediately of the reason for not remedying the complaint followed by a written report to the Director within five (5) working days. If the complaints are not remedied within the time specified, and to the satisfaction of the Director, the Director may correct the specific complaint by using an alternative source. The total cost incurred by the District to effect necessary remedies will be deducted from the payments owing to the Contractor from the City, per Exhibit C.

B. The Contractor shall maintain a written record of all complaints, the date and time thereof, and the action taken pursuant thereto, or the reason for non-action. Said record shall be submitted to the Director monthly, as part of the Monthly Landscape Services Report.

C. In addition to the provisions included herein, in the event of a failure by the Contractor to satisfactorily remedy a complaint in a timely manner or for any other breach of this contract by Contractor, the City may immediately, upon written notice to the Contractor, terminate this contract.

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17.CONTRACTOR'S STAFF
A. The Contractor shall provide sufficient personnel to perform all work in accordance with the Specifications set forth herein. All of the Contractor's maintenance personnel shall be supervised at the work site(s) by a qualified Supervisor in the employ of the Contractor. Work Site Supervisors must be able to demonstrate to the satisfaction of the Director that they possess adequate technical background, and communication skills to perform the intended services. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work, which will be acceptable to the Director. Any order or communication given to the Work Site Supervisor shall be deemed to have been delivered to the Contractor.

B. The Contractor and his employees and subcontractors, if any, shall conduct themselves in a proper, professional, and efficient manner at all times, and shall cause the least possible inconvenience to the public.

C. The Director may require the Contractor to remove any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City.

D. The Contractor shall require each employee performing work under the agreement to adhere to basic public works standards of working attire, including but not limited to wearing of proper clothing, proper shoes, and other gear required by applicable Safety Regulations and/or fertilizer/pesticide label requirements.

E. Shirts shall be worn at all times, and shall be buttoned. Approved safety vests shall be worn by Contractor's employees when working on parkway medians, monuments, parkways, and other high traffic-hazard areas as determined by the Director.

F. The Contractor shall establish an identification system for Contractor's personnel which clearly indicates the name of the Contractor to the public. The identification system shall be furnished at the Contractor's expense and may include appropriate attire, and/or name badges as specified by the Director.

18.EMPLOYMENT OF APPRENTICES
A. The provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code regarding the employment of properly registered apprentices may apply to this agreement if the Contractor, or any subcontractors thereunder, employs workers in any apprenticeable craft or trade. It is the Contractor’s sole responsibility to comply with the Labor Code sections cited above. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the California Department of Industrial Relations.

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19.SAFETY
A. The Contractor agrees to perform all work as outlined in the provisions listed herein in such a manner as to meet all accepted standards for safe practices and to safely maintain equipment, machines, and materials, and prescribe and employ all precautions and safety procedures related to other hazards consequential to the work; and accepts additionally the sole responsibility for complying with all local, State, Federal and other legal requirements including but not limited to, full compliance with the terms of any and all applicable OSHA and Cal/OSHA Safety Orders at all times so as to protect all persons, including Contractor's employees and subcontractors, agents of the City, District, materialmen, vendors, members of the public and others from foreseeable injury, or damage to their property.

B. The Contractor's operations shall be conducted in such a manner as to cause the least possible obstruction, and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as may be deemed necessary by the Director, or any duly constituted public safety official.

C. Contractor’s work area traffic control, including but not limited to, type and placement of signs, barricades, and delineators, shall be in accordance with the “Manual of Uniform Traffic Control Devices, 2014 (or most current revised version) California Supplement” Part 6 Temporary Traffic Control.

D. Contractor’s work should not encroach into open lanes of traffic between the hours of 7:00 a.m. and 8:30 a.m., or between the hours of 3:30 p.m. and 6:00 p.m.

E. The Contractor shall maintain all work sites free of hazards to persons or property resulting from Contractor's operations. The Contractor shall inspect for all potential hazards at said areas under maintenance, and keep a record indicating date inspected, and action taken. Said record shall be submitted to the Director monthly as part of the Monthly Landscape Services Report. Any hazardous condition noted by the Contractor, which is not a result of Contractor's operations, shall be immediately reported to the Director.

F. The Contractor shall be responsible for making minor corrections, including but not limited to, filling holes in turf areas, replacing valve box covers, and repairing irrigation systems, so as to protect members of the public or others from injury.

G. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the site, including a complete written report thereof to the Director within five (5) working days following the occurrence.

H. In addition to payment deduction or assessment of non-performance penalties, repeated failure to comply with the provisions of this section may result in termination of the agreement, per the terms of the Independent Contractor Agreement.

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20.USE OF CHEMICALS
A. Before the beginning of the agreement period, the Contractor is required to submit a list, which shall include the exact Brand Name, Label, and Material Safety and Data Sheet (MSDS) of all chemicals proposed for use under this agreement, including but not limited to fertilizers and pesticides, for approval by the Director. Where applicable, materials included on this list shall be chemicals as approved by the State of California Department of Food and Agriculture.

B. Director shall be notified in writing of any changes or deviations from the above list.

Use or application of said materials shall not be made prior to approval by the Director.

C. Chemical applications, including but not limited to fertilizers and pesticides, shall be made in strict compliance with the label directions, restrictions, and precautions as well as with any other requirements deemed necessary by any county, state, or federal regulatory agency, or the City of Moreno Valley.

D. Contractor shall report all fertilizers and pesticides used in the performance of the work as an element of Contractor's Monthly Landscape Services report, as set forth herein.

This report shall include the date, time of day, location, type of material, method of application, and environmental data.

E. The Contractor is free to use the most cost-effective pesticide available that has a California approved label and is used in compliance with this label. The City is sensitive to the need to use the least toxic material available that will be effective. In practice that may mean products that carry the CAUTION signal word would be the material of choice.

In the event the City opts to reduce the use of ‘synthetic’ pesticides in favor of alternative, naturally derived materials or methods, the Contractor will end the use of synthetic materials (e.g. glyphosate) and implement a supplemental weed control strategy. This WILL NOT replace the weed control component already in the bidder’s base cost; this will be considered Additional Work, per Exhibit C. – Alternative Bid Item.

21.NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT –

REQUIRED URBAN RUNOFF MANAGEMENT TRAINING
A. The Contractor shall provide NPDES Permit training for Urban Runoff Management to Contractor’s employees and subcontractors if any.

B. Failure to provide Urban Runoff Management training is a violation of Order No. R8- 2002-0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section XI.I, for each day of which such failure occurs, and shall in addition, be a breach of the contract with the City of Moreno Valley and/or the City of Moreno Valley Community Services District (“City”).

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C. Contractor understands and agrees that NPDES Permit violations are grounds for enforcement action by the Environmental Protection Agency, the State/Regional Water Resources Control Board, and the City and may result in permit termination (stop work order), civil and criminal fines, and termination of contract.

D. By submitting a proposal, the Contractor certifies to the City that Contractor’s employees and subcontractors, if any, have been trained for Urban Runoff Management, and sufficient sums are included in the Proposal’s amount to cover costs of such said training.

22.RESTRICTED PESTICIDE MATERIALS PERMIT AND USE CONSENT A. The City shall maintain in full force and effect throughout the entire term of the agreement a valid Restricted Materials Permit issued by the Agricultural Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall comply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor's operations under this agreement.

B. Director must give consent in writing prior to application of any Category I pesticide Licenses and Permits.

23.LICENSES AND PERMITS
A. The Contractor shall, without additional expense to the City, possess all federal, state, and local licenses and permits, including but not limited to a valid City Business License, required for the performance of the work under this agreement.

24.DEPARTMENT OF INDUSTRIAL REGULATIONS
A. California law provides that "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform work pursuant to Labor Code Section 1725.5." Please refer to "Contractor Registration" from http://www.dir.ca.gov/Public-Works/PublicWorks.html to register and obtain more information.

B. Contractor and all tiers of its subcontractors must be registered and maintain a current registration during the term of this contract.

C. Pursuant to the above law, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. Additionally, no contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

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D. This project is also subject to compliance monitoring and enforcement by the Department of Industrial Relations. The City of Moreno Valley will not accept a proposal nor will it contract or subcontract without proof of the contractor or subcontractor’s current registration to perform public works pursuant to Section 1725.5.

E. Contractor acknowledges and agrees to fully comply with the provisions of Sections 1771, 1774 - 1776, 1777.5, 1813, 1815 and 1860 of the Labor Code.

25.PAYROLL RECORDS
A. The Contractor, and any subcontractor thereunder, shall keep complete and accurate payroll records for each workman employed by Contractor/ subcontractor in connection with this agreement, as required by California Labor Code Section 1776.

B. The Contractor, and any subcontractor thereunder, shall make available to the City upon its request certified payroll records for each workman employed in connection with this agreement as required by California Labor Code Section 1776.

C. The City may withhold from Contractor’s progress payments the penal sum of twentyfive dollars ($25.00) per calendar day (or portion thereof) for each worker employed in connection with this agreement should Contractor, or any subcontractors thereunder, fail to strictly comply with California Labor Code 1776 after receiving written notice of non-compliance.

26.PREVAILING WAGE AND WORKERS’ COMPENSATION
A. Pursuant to provision of Section 1773 of the Labor Code of the State of California, the City of Moreno Valley has obtained the general prevailing rate of per diem wages applicable for the work to be done, including but not limited to: straight time, overtime and holiday work; travel and subsistence payments; employee payments of health and welfare, vacation, pension, and similar purposes. Said rate and scale are on file with the City of Moreno Valley, and copies will be made available to any interested party on request. These rates shall be the minimum wage rates for this project. Throughout the term of this agreement, the Contractor will be required to post a copy of said rate, and scale as required by the Labor Code.

B. Pursuant to provisions of Section 1775 of the Labor Code, the Contractor shall forfeit as penalty to the City of Moreno Valley for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinabove stipulated for any work done under the attached agreement, by the Contractor or by any subcontractor under Contractor’s direction and control, in violation of the provisions of said Labor Code. The penalty amount will vary as described on Section 1775.

C. In accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees.

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27.BONDS
A. Pursuant to Section 9550 of the Civil Code, the direct contractor awarded the contract, prior to the commencement of work, agrees to provide a payment bond to and approved by the City.

The City requires two (2) good and sufficient surety bonds that will be maintained in full force and effect for the duration of this agreement:

1. a "Faithful Performance Bond" in the amount of one hundred percent (100%) of the annual purchase order amount, which shall guarantee the faithful performance of all work, and;

2. a "Materials and Labor Bond" in the amount of one hundred percent (100%) of the annual purchase order amount, which shall secure the payment of the claims of labor, mechanics or materialmen for all work performed hereunder.

The Contractor shall furnish a satisfactory Faithful Performance Bond meeting all statutory requirements of the State of California on the form provided by the City.

The bond may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount.

The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California in an amount that shall remain equal to one hundred percent (100%) of the annual purchase order amount to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.

The Agreement shall be signed by the successful Bidder and returned together with the required bonds and insurance certificate(s), within ten (10) Working Days after the date the Agreement is awarded by the City.

All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a California-admitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the annual purchase order amount. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public. Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by A.10.a
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reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.

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

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

28.SUBSTITUTION OF SECURITIES
A. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Moreno Valley to ensure performance under the agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Moreno Valley, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor.

B. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code.

C. The Contractor shall be the beneficial owner of any securities substituted for monies withheld, and shall receive any dividends or interest thereon, set forth in Section 22300 of the Public Contract Code.

D. The Contractor shall give the City written notice within thirty (30) days after the agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow agreement in a form which is substantially similar to the agreement set forth in Section 22300 of the Public Contract Code.

29.CONTRACTOR'S LIABILITY
A. The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence attributable to the Contractor in connection with the performance under this agreement. Any and all restitution or repairs deemed necessary by the Director to remedy such damages shall be furnished and performed A.10.a
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at the Contractor's sole expense, and shall be completed within the time limits established by the Director.

30.CONTRACTORS LICENSE
A. Contractors are required by law to be licensed, and regulated by the Contractors' State License Board. Contractor will comply with all applicable licensing laws, and regulations. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 9821 Business Park Drive, Sacramento, CA 95827.

Mailing address: P.O. Box 26000, Sacramento, CA 95826.

31.CLAIM RESOLUTION PROCEDURES
Section 9204 of the Public Contract Code sets forth the following requirements for claims submitted by a contractor on a public works project:

A. A contractor must furnish "reasonable documentation to support the claim." B. Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim.

C. For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.

D. If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute."
E. The public entity must schedule the meet and confer conference within 30 days of the demand.

F. Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute. Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference.

G. After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation."
H. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).

I. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety." J. Amounts not paid in a timely manner shall bear interest at 7 percent per year.

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32.PROJECT LOCATION MAPS
These locations may include parkways, open space, medians, and/or landscaping. Areas may be added, removed, or modified at the City’s discretion. The frequency of services for each of the landscape areas may be adjusted throughout the term of the contract.

Project Location Estimated Area Current Service Level 1 Zone 02
Open Space 3,674,297 sq. ft. Level 1
Planters 193,743 sq. ft. Level 1
Zone 08 76,771 sq. ft. Level 1
TR 24203 3,839 sq. ft. Level 1
Total 3,948,650 sq. ft.
1 See Frequency of Services Table, Exhibit E, Schedule II, for additional information A.10.a
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EXHIBIT A
– SCOPE OF WORK – Page 33 of 39
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EXHIBIT A
– SCOPE OF WORK – Page 34 of 39
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EXHIBIT A
– SCOPE OF WORK – Page 35 of 39
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33.REPORTING FORMS
A. Weekly Irrigation reports, at a minimum, shall document the irrigation inspections (to include testing and repairs) performed by the Contractor and shall include details specific to the dates, the specific locations, and corrective action taken, if any. Weekly Irrigation reports shall be submitted to the Director at [email protected] by the second workday of the week, one (1) week in arrears.

B. Greenwaste Recycling

1. The Public Resources Code (PRC), Division 30, Sections 41000 through 41780 requires that the City of Moreno Valley divert from landfills fifty percent (50%) of the solid waste, including greenwaste, generated within its jurisdiction.

2. For the purposes of this agreement, materials defined as “greenwaste” shall include all plant parts (i.e. trimmings, prunings, grass clippings, etc.) removed from agreement sites by the Contractor, or any subcontractors thereunder, in the performance of agreement’s Scope of Work.

3. Contractor, or any subcontractor thereunder, shall deposit all greenwaste generated while performing the agreement’s Scope of Work at a landscape material recycling center, or reuse said greenwaste in a lawful manner.

Contractor, or any subcontractor thereunder, shall be solely responsible for all costs incurred in complying with this requirement.

4. The Contractor shall submit a Monthly Greenwaste Report as set forth herein.

The Contractor shall provide responses to all information requested therein and shall include, on a separate Monthly Greenwaste Report form, any greenwaste generated through the operations of any subcontractors performing work under Contractor’s Scope of Work.

5. Monthly Greenwaste reports shall be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.

C. A Monthly Landscape Services report, at a minimum, shall document the work performed by the Contractor and shall contain detailed information as is described in the form attached hereto and any other relevant information about the Contractor’s work to identified hazards, chemical use, and customer complaints. Said report shall be in a format acceptable to the Director. Monthly Landscape Services reports shall be submitted to the Director at [email protected] by the tenth day of each month, one (1) month in arrears.

D. Pesticide Use reports shall be completed and submitted in accordance with federal, state, and local law and consistent with the provisions herein.

E. Contractor shall refer to sections included herein and ensure additional reports, if necessary, are submitted to the Director, as appropriate and consistent with this agreement, and other agencies, as required by law, to ensure compliance with all federal, state, and local laws.

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Weekly Irrigation Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 2nd workday of week, 1 week in arrears PROJECT NO.___________________ MONTH OF _____, 20______ Location
• Controller Number
• Tract Number
• Zone or Area
Date(s)
Checked
Problem(s)
Identified
Corrective Actions
• Date corrected
• Corrective action
details
Hazards
• Date(s) noted
• Area
• Hazard type
• Date City notified
• Date corrected
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5
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Monthly Greenwaste Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears PROJECT NO. 20__-__
Contractor Name:

Address:

Phone Number:

Month Year

1. Source of greenwaste
Location

2. Amount of greenwaste generated from above
source (by weight)
Lbs.
or
tons

3. Name, address, and phone number of recycle
Contractor accepting greenwaste
Contractor Name
Address
Phone Number

4. Amount of greenwaste-source products (mulch,
compost, top dressing, and soil amendments,
etc.) furnished to Project
(by weight)
Lbs.
or
tons

5. Name, address, and phone number of recycle
Contractor supplying greenwaste-source
products to Project (if different from above)
Contractor Name
Address
Phone Number

6. Number of times turf mowed this month

7. Number of times turf mowed without clippings
caught
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Monthly Landscape Services Report Form
City of Moreno Valley, Special Districts Division
[email protected] – Due: 10th day of each month, 1 month in arrears PROJECT NO. ________ MONTH OF _____, 20___
Location
• Controller
Number
• Tract Number
• Zone or Area
Maintenance
• Date(s)
• Area
Service Type
• Mow/edge
• Trim/prune-weed
• Litter-irrigation
• Etc.

Fertilizer
• Date(s)
• Area
• Product/
analysis
• Amount/
area
• Crop
Pesticides
• Date(s)
• Product used
• Amount used
• Area
• Target pest
Complaints
• Date(s) received
• Area/location
• Complaint/action
• Date corrected
• Corrective action
Hazards
• Date(s) noted
• Area
• Hazard type
• MVCSD notified
• Date City notified
• Date corrected
• Corrective action
WEEK 1
WEEK 2
WEEK 3
WEEK 4
WEEK 5
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EXHIBIT B - CITY RESPONSIBILITIES

LANDSCAPE MAINTENANCE SERVICES

1. AGREEMENT SUPERVISION
The Agreement shall be administered on behalf of the Public Works Director of the City of Moreno Valley, or his/her delegated representative(s), hereinafter designated as "Director."
The Director will decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Contract by the Contractor, interpretation of the Specifications, and compensation to include completion of work by alternate sources.

2. IRRIGATION CONTROLLER SYSTEMS
The City shall manage the operation of all automatically controlled irrigation systems, including but not limited to irrigation controller programming and scheduling. The Contractor shall monitor the operation of, and maintain said irrigation systems as required by the Director. The Contractor shall operate manually controlled irrigation systems as directed by City field staff.

3. UTILITIES
It shall be the City's duty to provide the utilities necessary for irrigation (i.e., water, electricity and communications) and to maintain their appurtenances (i.e., water and electrical meters and backflow devices). The City will pay the water, electricity, and communications costs used in the sites covered by this Agreement. The Contractor shall report any interruption of these services for whatever reason immediately upon Contractor’s observation of same to the Director.

4. RESTRICTED PESTICIDE MATERIALS/PERMIT/USE CONSENT
A. The City shall maintain in full force and effect throughout the entire term of the Contract a valid Restricted Materials Permit issued by the Agricultural Commissioner of the County of Riverside on behalf of the California Department of Pesticide Regulation. The Contractor shall comply with all permit conditions that pertain to any of the pest control materials listed on said permit that may be used in the course of Contractor’s operations under this Contract.

B. Director must give consent in writing prior to application of any Category I pesticide.

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EXHIBIT C - PAYMENT TERMS

LANDSCAPE MAINTENANCE SERVICES

1. CONTRACTORS COMPENSATION
A. The Contractor's compensation shall not exceed $2,032,771.18.

B. Compensation shall be based on the Bid/Compensation Schedule.

C. Written notice of the compensation amount for the next fiscal year shall be provided to the Contractor at least thirty (30) days prior to the end of each fiscal year.

D. Any request for increase in the Contractor’s compensation shall be based on an annual inflation adjustment, calculated for the previous calendar year, based on the Riverside-San Bernardino-Ontario Regional Consumer Price Index for All Urban Consumers, as published by the Department of Labor’s Bureau of Labor Statistics. Any such request shall be made to the City in writing no later than May 1 of each year. Upon approval, the adjustment would be effective July 1 of the following fiscal year.

E. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: https://moval.gov/departments/financial-mgmt-svcs/svc-bizlicense.html.

F. The Contractor will electronically submit an invoice per site to be paid monthly based upon successful performance of the maintenance services provided in accordance with an approved service schedule for each area/site and in compliance with the terms and provisions of this Agreement. By the tenth of each month the Contractor shall submit to the Director detailed reports of the following:
a. Maintenance performed, which must include the location, area or site of such maintenance.
b. Greenwaste
c. Complaints received.
d. Hazards noted.
e. Chemicals used in the prior month.
f. Invoice for service, which lists in detail the site (e.g. Zone, Tract ID/Number), service performed and cost in accordance with the Agreement price, which shall become the basis for payment.

No payment(s) shall be made until the reports, listed herein, have been submitted and approved. At no time will the City pay for more services than have been A.10.a
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satisfactorily completed and the City’s determination of the amount due shall be final.

G. The Contractor will submit all invoices electronically to the Special Districts Division at [email protected] with a copy to Accounts Payable at [email protected].

The Contractor will electronically submit reports to the Special Districts Division at [email protected]. Questions regarding invoices or reports may be directed to the Special Districts Division at 951.413.3480.

H. 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 (Business tab).

I. The minimum information required on all invoices is:
a. Vendor Name, Mailing Address, and Phone Number
b. Invoice Date
c. Purchase Order Number
d. Vendor Invoice Number
e. City-provided Reference Number (e.g. Projector Contract Number) f. Date services were provided.
g. Location Services where Testing and/or Services were performed to include Zone, Tract Number, Tract ID (if applicable), or general vicinity where services were performed within the identified service area. h. Month services that were rendered with amount(s) due organized to correspond with Contract/Purchase Order line item(s) (e.g. Base or Additional Work).
i. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of an Agreement amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable. j. Supporting documentation including: receipts for materials purchased, summary tables demonstrating the calculation of total amount due, including description and cost breakdown by job performed within each area, the calculation of mark-up, and the addition of any applicable labor cost. Note: mark-up shall not include tax, shipping or labor. k. If written authorization was required prior to the commencement of work, documentation of the approval is to accompany the subject invoice.

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Documentation shall include final approved proposal, and corresponding written authorization (e.g., fully executed proposal or proposal accompanied by the corresponding email approval).

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

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

L. 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.

2. ADDITIONAL WORK
A. During the term of this Agreement the City may, at its discretion, authorize the Contractor to perform certain Additional Work as described herein, in addition to the work set forth in Exhibit A.

B. If the City determines it to be in the City’s best interest, said Additional work may include: Acts of God (i.e., earthquake damage, storm damage), or vandalism, theft, and acts or omissions by third parties.

C. Compensation for all such Additional Work shall be calculated either at the prices set forth by the Contractor and included herein or at a price based on the Contractor’s written estimate (lump sum, time and materials, or cost plus basis), as determined by the Director. Written estimates shall contain sufficient detail to justify the cost (i.e., quantities, adequate work description) and shall contain the location (Zone or Tract ID, or general vicinity) where services are to be performed.

Except as set forth below, the Contractor shall not perform any such Additional Work services without first obtaining express written authorization from the City.

D. Notwithstanding the above requirement for prior written authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the City may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving a verbal authorization, the Contractor must submit a written estimate to the City for written approval. Whenever immediate action is required to prevent impending injury, death, or property damage to the facilities being maintained, the City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City’s work force.

E. The Contractor shall maintain additional landscape areas the City may add to this Agreement at a unit price comparable to landscape areas described herein. In the event that notification is made, at other than the beginning of a monthly period, the A.10.a
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unit cost as set forth by Contractor in the Bid Import Schedule shall be prorated from the day the Contractor commences work on the additional areas.

F. Routine repairs to project irrigation system(s) shall be considered Additional Work to the extent that the Contractor shall charge only for materials used to perform said repairs at Contractor’s cost plus a percentage of that cost, as set forth in herein. For the purposes of this Agreement, routine irrigation repairs are defined as repair and/or replacement of existing sprinklers, sprinkler components, and/or non-pressurized pipe, and/or fittings (“lateral lines”) that have been rendered inoperable due to: a) normal “wear and tear”, and b) vandalism or theft (which includes acts or omissions by third parties).

G. Except as specifically approved by subsequent action of the City Council and/or District Board of Directors, the Director may not authorize Additional Work in excess of the not to exceed amount.

3. PAYMENT DEDUCTIONS
The City may deduct payment to such extent as may be necessary to protect the City from loss due to:

A. Work required in the General or Technical Provisions which is not performed, not performed to the standards set forth therein, not performed at or within the time(s) specified therein, or is incomplete.

B. Claims filed or reasonable evidence indicating probable filing of claims by laborers, materialmen, subcontractors, or third parties.

4. NON-PERFORMANCE PENALTIES
A. The Contractor may become liable for payment of non-performance penalties for failure to: provide adequate communications; provide adequate work area safety including but not limited to wearing of appropriate work attire; complete "Specialty" operations in a timely manner as set forth in the General Provisions; submit notifications or reports required by the Agreement, or General Provisions at the intervals and/or frequencies set forth therein, or; perform work as required by the General Provisions at the intervals and/or frequencies as set forth therein, or as directed by the City. For each of the categories set forth hereinabove, the penal sum of $100.00 (one hundred dollars) per working day will be assessed for each working day the deficiencies remain uncorrected.

B. If non-performance penalties are to be assessed, the Contractor will be notified immediately by written email, facsimile transmission, letter, or by telephone.

C. The Contractor will not be assessed non-performance penalties for delays caused by the City or by the owner of a utility to provide for the removal or relocation of utility facilities.

A.10.a
Packet Pg. 311 Attachment: Agreement - Mariposa Landscapes, Inc. (6233 : AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR LANDSCAPE Exhibit C – Payment Terms

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Moreno Valley City CouncilMay 16, 2023

Moreno Valley City Council
May 16, 2023