Moreno Valley City Council
June 20, 2023

participates in this contract through cooperative purchasing pursuant to 3.12.260, Materials, Supplies, and Equipment—Cooperative Purchasing.

DISCUSSION
The Moreno Val ley Police Department contracts with Bio -Tox Laboratories for toxicology tests as a result of typical law enforcement activities such as DUI enforcement, fatal collisions, child endangerment, sexual assaults, suspicious deaths, substance abuse and employee exposure to blood-borne pathogens.

The general authority of law enforcement to obtain evidence is covered under Article I.

Section 13 of the California State Constitution. Law enforcement is obligated by state law to offer blood draws in the investigation of driving under the influence cases, per Section 23158 of the California Vehicle Code. Additionally, blood draws are a part of sex offender and arson registrant DNA collection under Section 296 of the California Penal Code. Furthermore, obtaining blood and / or urine samples is also an integral part of many non -driving-under-the-influence criminal investigations and can be requested for a variety of reasons.

The process of collecting such samples must meet all applicable laws and regulations for the collection of:

a) Blood-alcohol content analysis
b) Controlled substance content analysis
c) DNA analysis
d) For storage, later analysis, or to be a control sample

We anticipate that the charges for Bio -Tox Laboratories will not exceed $100,000 per fiscal year.

ALTERNATIVES

The City Council has the following alternatives:

1. Approve the recommended actions as presented in this staff report. This alternative is recommended by staff as it maintains continuity of service with contracted law enforcement services and will a llow for the collection of biological evidentiary material for the prosecution of criminal activity without interruption.

2. Do not approve the recommended actions as presented in this staff report. This alternative is not recommended by staff as it would negatively impact investigation services provided by contracted law enforcement services and would cause a significant interruption of the collection of biological evidentiary material for the prosecution of criminal activity.

FISCAL IMPACT
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Funds are a pproved and available in the Moreno Valley Police Department's FY 2023/24 and FY 2024/25 General Fund Account No. 1010 -60-65-40010-625099 in the amount of $100,000 per fiscal year as this is a routine and anticipated expenditure. The budget request for FY 2025/26, FY 2026/27, and FY 2027/28 will be included as part of future biennial budget request submissions for those fiscal years.

NOTIFICATION

The draft First Amendment to Agreement was sent to Bio-Tox Laboratories.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Shanna Palau Kenneth Reichle
Senior Contracts Analyst Police Chief

Concurred By:

Launa Jimenez
Financial Resources Division Manager

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. 07.01.19 to 06.30.23_Bio-tox_Approved Contract

2. FY18-19 to FY27-28_Bio-tox County Contract_approved

3. First Amendment to Agreement - Bio-Tox Laboratories Inc - (06.06.23)

APPROVALS
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Budget Officer Approval ✓ Approved . 6/11/23 11:21 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:49 AM A.20
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SUBMITTAL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
ITEM

3.48 (ID # 7594)
MEETING DATE:

Tuesday, July 31, 201
FROM : SHERIFF-CORONER-PA:

SUBJECT: SHERIFF-CORONER-PA: Approve and Execute the Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services for Sheriffs Coroner for Ten Years and Authorize the Chairman to Sign the Agreement, [All Districts]; [$650,000 Annually]; [$6,500,000 Over Ten Years; Up to 650,000 in Additional Compensation]; 100% General Fund
RECOMMENDED MOTION: That the Board of Supervisors:

1. Approve and execute the Professional Service Agreement with Bio-Tox Laboratories, Inc. for toxicology services for a total aggregate amount of $3,250,000 over five years, with the option to renew for an additional five years, renewable in one-year increments and authorize the Chairman of the Board of Supervisors to execute said Agreement on behalf of the County, and;

2. Authorize Purchasing Agent, in accordance with Ordinance 459, based on the availabilityof fiscal funding and as approved by County Counsel to: a) sign amendments that do not change the substantive terms of the agreement and b) sign amendments to the compensation provision that do not exceed the annual CPI rates and the ten (10) percent annually.

ACTION:

MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Jeffries, seconded by Supervisor Tavaglione and duly carried, IT WAS ORDERED that the above matter is approved as recommended.

Ayes: Jeffries, Tavaglione, Washington and Perez
Nays: None

Absent: Ashley
Date: July/31,2018
xc: Sheriff, Purchasing

Kecia Harper-lhem
ClerkAf4he Board
' Deputy ->

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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
lii^ii^GAfs;; ^uf"?^lf^^J YflfR Next Fiscal Yean '-•-;'^K£|0$$sfc':!'/f^v-.}i!?-'.V?35Bff^!^^^t;'f'^• COST $ 650,000 $ 650,000 $ 6,500,000 $ 0
NET COUNTY COST $ 650,000 $ 650,000 $ 6,500,000 $ 0
SOURCE OF FUNDS: 100% General Fund
Budget Adjustment: No
For Fiscal Yean FY18/19-27/28
C.E.O. RECOMMENDATION: Approve
BR# 19-002
BACKGROUND:

Summary
Coroner cases require toxicology testing to determine the level of chemical substance in bodily fluids and in various organs for determining the mode, manner, and cause of death. In many instances, the cause of death is determined solely by toxicology test results. Additionally, many criminal cases require testing of those suspected of being under the influence of drugs and/or alcohol. Changing trends in drugs have resulted in the need to broaden toxicology testing.

Increased toxicology testing panels are required to capture deaths related to opioid use, which include testing for Fentanyl. The increase of the use of obscure chemicals to commit suicide require specialized testing to determine cause of death. In 2017, the Coroner had 14,826 cases and based on the department 5-year trend, the County has experienced an average of 5% increases on their case load.

Impact on Residents and Businesses
The toxicology reports provide support for the determination of cause of death and support criminal cases requiring testing of those suspected of being under the influence of drugs or alcohol. The citizens benefit by having a forensic evidence used to solve criminal cases and determine cause of death.

Contract History and Price Reasonableness
County Purchasing and Fleet Services, on behalf of the Sheriffs Department, released a Request for Proposal (RFP) # SHARC 364, solicitinga proposal for toxicology testing services.

The proposal was advertised on publicpurchase.com in which twenty-six (26) vendors were invitedto participate in the bid, eighteen (18) vendors downloaded the bid, and two (2) vendors submitted their responses to the RFP. The proposals were reviewed by the evaluation team consisting of Sheriffs Coroner, and each bid response was evaluated based on the criteria set forth in the RFP: overall responses to the RFP requirements, bidders experience and ability provide all the lab services and meet service timeframe, reference, and financial, and overall compliance with the RFP. It was determined that Bio-Tox Laboratories, Inc., a local County vendor, is the lowest, most responsive responsible bidder that can meet all the County requirements.

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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
FINANCIAL DATA Current Fiscal Yean Next Fiscal Yean Total Cost- Ongo{ng Cost COST $ 650,000 $ 650,000 $ 6,500,000 $ 0
NET COUNTY COST $ 650,000 $ 650,000 $ 6,500,000 $ 0
SOURCE OF FUNDS: 100% General Fund Budget Adjustment: No For Fiscal Year: FY18/19-27/28
C.E.O. RECOMMENDATION: Approve
BR# 19-002
BACKGROUND:

Summary
Coroner cases require toxicology testing to determine the level of chemical substance in bodily fluids and in various organs for determining the mode, manner, and cause of death. In many instances, the cause of death is determined solely by toxicology test results. Additionally, many criminal cases require testing of those suspected of being under the influence of drugs and/or alcohol. Changing trends in drugs have resulted in the need to broaden toxicology testing.

Increased toxicology testing panels are required to capture deaths related to opioid use, which include testing for Fentanyl. The increase of the use of obscure chemicals to commit suicide require specialized testing to determine cause of death. In 2017, the Coroner had 14,826 cases and based on the department 5-year trend, the County has experienced an average of 5% increases on their case load.

Impact on Residents and Businesses
The toxicology reports provide support for the determination of cause of death and support criminal cases requiring testing of those suspected of being under the influence of drugs or alcohol. The citizens benefit by having a forensic evidence used to solve criminal cases and determine cause of death.

Contract History and Price Reasonableness
County Purchasing and Fleet Services, on behalf of the Sheriffs Department, released a Request for Proposal (RFP) # SHARC 364, soliciting a proposal for toxicology testing services.

The proposal was advertised on publicpurchase.com in which twenty-six (26) vendors were invited to participate in the bid, eighteen (18) vendors downloaded the bid, and two (2) vendors submitted their responses to the RFP. The proposals were reviewed by the evaluation team consisting of Sheriffs Coroner, and each bid response was evaluated based on the criteria set forth in the RFP: overall responses to the RFP requirements, bidders experience and ability provide all the lab services and meet service timeframe, reference, and financial, and overall compliance with the RFP. It was determined that Bio-Tox Laboratories, Inc., a local County vendor, is the lowest, most responsive responsible bidder that can meet all the County requirements.

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SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
Based on the number of cases from the prior fiscal year, the Department is requesting for an annual aggregate amount of $650,000.

Attachment
Professional Service Agreement - 4 copies
Sandy Armijo & & 7/17/2018 IPaftl A. Angulo, Cq^nty/aditor-Controller 7/18/2018 County Counsel 7/17/2018

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PROFESSIONAL SERVICE AGREEMENT
RFP# SHARC 364
Form #116-310- Dated: 2/01/2016
for

TOXICOLOGY SERVICES
between

COUNTY OF RIVERSIDE
and

BIO-TOX LABORATORIES

JUL 312018 3M$
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TABLE OF CONTENTS

SECTION HEAPING PAGE NUMBER

1. Description of Services 3

2. Period of Performance 3

3. Compensation 3

4. Alteration or Changes to the Agreement 5

5. Termination 5

6. Ownership/Use of Contract Materials and Products 6

7. Conduct of Contractor 6

8. Inspection of Service: Quality Control/Assurance 7

9. Independent Contractor/Employment Eligibility 7

10. Subcontract for Work or Services 9

11. Disputes 9

12. Licensing and Permits 10

13. Use by Other Political Entities 10

14. Non-Discrimination 10

15. Records and Documents 10

16. Confidentiality 11

17. Administration/Contract Liaison 11

18. Notices 12

19. Force Majeure 12

20. EDD Reporting Requirements 12

21. Hold Harmless/Indemnification 12

22. Insurance 13

23. General 16
Exhibit A-Scope of Service 19
Exhibit B-Payment Provisions 21
Attachment I-HIPAA Business Associate Attachment to the Agreement 26 RFP# SHARC 364 Page 2 of 35
Form #116-310-Dated: 2/01/2016
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This Agreement, made and entered into this day of , 2018, by and between BIO-TOX LABORATORIES, INC., (herein referred to as "CONTRACTOR"), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, (herein referred to as "COUNTY"). The parties agree as follows:

1. Description of Services

1.1 CONTRACTOR shall provide all services as outlined and specified in Exhibit A, Scope of Services, at the prices stated in Exhibit B, Payment Provisions, and Attachment I, HIPAA Business Associate Attachment to the Agreement.

1.2 CONTRACTOR represents that it has the skills, experience, and knowledge necessary to perform under this Agreement and the COUNTY relies upon this representation. CONTRACTOR shall perform to the satisfaction of the COUNTY and in conformance to and consistent with the highest standards of firms/professionalsin the same discipline in the Stateof California. 13 CONTRACTOR affirms this it is fully apprised of all of the work to be performed under this Agreement; and the CONTRACTOR agrees it can properly perform this work at the prices stated in Exhibit B.

CONTRACTORis not to perform servicesor provideproductsoutsideof the Agreement.

1.4 Acceptance by the COUNTY of the CONTRACTOR'S performance under this Agreement does not operate as a release of CONTRACTOR'S responsibility for full compliance with the terms of this Agreement.

2. Period of Performance

2.1 This Agreement shall be effective on July 1, 2018 and continues in effect through June 30, 2023, with the option to renew for an additional five (5) years, renewable in one-year increments, unless terminated earlier. CONTRACTOR shall commence performance upon signature of this Agreement by both parties and shall diligently and continuously perform thereafter. The Riverside County Board of Supervisors is the only authority that may obligate the County for a non-cancelable multi-year agreement.

3. Compensation

3.1 The COUNTY shall pay the CONTRACTOR for services performed, products provided, and expenses incurred in accordance with the terms of Exhibit B, Payment Provisions. Maximum payments by COUNTY to CONTRACTOR shall not exceed six hundred fifty thousand dollars ($650,000) annually, includingall expenses.The COUNTY is notresponsiblefor any fees or costs incurred above or beyond the contractedamount and shall have no obligationto purchase any specified amount of services or products.

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Form#116-310-Dated: 2/01/2016
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Unless otherwise specifically stated in Exhibit B, COUNTY shall not be responsible for payment of any of CONTRACTOR'S expenses related to this Agreement.

3.2 No price increases will be permitted during the first year of this Agreement (If applicable). All price decreases (for example, if CONTRACTOR offers lower prices to another governmental entity) will automaticallybe extended to the COUNTY. The COUNTY requires writtenproof satisfactory to COUNTY of cost increases prior to any approved price adjustment. After the first year of the award, a minimum of 30-days advance notice in writing is required to be considered and approved by COUNTY. No retroactive price adjustments will be considered. Any price increases must be stated in a written amendment to this Agreement.

The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All Consumers,All Items - Greater Los Angeles, Riverside and Orange County areas and be subject to satisfactory performance review by the COUNTY and approved (if needed) for budget funding by the Board of Supervisors.

3.3 CONTRACTOR shall be paid only in accordance with an invoice submitted to COUNTY by CONTRACTORwithin fifteen (15) days from the last dayof each calendar month, and COUNTY shall pay the invoice within thirty (30) working days from the date of receipt of the invoice. Payment shall be made to CONTRACTORonly after services have beenrenderedor deliveryof materials or products, and acceptancehas been made by COUNTY. Prepare invoices in duplicate. For this Agreement, send the original and duplicate copies of invoices to:

RiversideCounty Sheriff-CoronerDepartment
Attn: Accounting Unit
800S.RedlandsAve.

Perris, CA 92570
a) Each invoice shall contain a minimum of the following information (if applicable):
invoice number and date; remittance address; bill-to and ship-to addresses of ordering department/division; Agreement number (SHARC-96148-002-06/23); quantities; item/service descriptions, unit prices, extensions, sales/use tax if applicable, and an invoice total.
b) Invoices shall be rendered monthly in arrears.

3.4 The COUNTY obligation for payment of this Agreement beyond the current fiscal year end is contingent upon and limited by the availabilityof COUNTY funding from which payment can be made, and invoices shall be rendered "monthly" inarrears.In the State of California, Government agencies are not allowedto payexcessinterestandlate charges,per GovernmentCodes,Section926.10.No legal liabilityon RFP# SHARC 364 Page 4 of 35
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the part of the COUNTY shall arise for payment beyond June 30 of each calendaryear unless funds are made available for such payment. In the event that such funds are not forthcoming for any reason, COUNTY shall immediately notify CONTRACTOR in writing; and this Agreement shall be deemed terminated, have no further force, and effect.

4. Alteration or Changes to the Agreement

4.1 The Board of Supervisors and the COUNTY Purchasing Agent and/or his designee is the only authorized COUNTY representativeswho may at any time, by written order, alter this Agreement. If any such alteration causes an increase or decrease in the cost of, or the time required for the performance under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified by written amendment accordingly.

4.2 Any claim by the CONTRACTOR for additional payment related to this Agreement shall be made in writing by the CONTRACTOR within 30 days of when the CONTRACTOR has or should have notice of any actual or claimed change in the work, which results in additional and unanticipated cost to the CONTRACTOR. If the COUNTY Purchasing Agent decides that the facts provide sufficient justification, he may authorize additional payment to the CONTRACTOR pursuant to the claim. Nothing in this section shall excuse the CONTRACTOR from proceeding with performance of the Agreement even if there has been a change.

5. Termination

5.1. COUNTY may terminate this Agreement without cause upon 30 days written notice served upon the CONTRACTORstating the extent and effective dateof termination.

5.2 COUNTY may, upon five (5) days written notice terminate this Agreement for CONTRACTOR'S default, if CONTRACTOR refuses or fails to comply with the terms of this Agreement or fails to make progress that may endanger performance and does not immediately cure such failure. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by COUNTY.

5.3 After receipt of the notice of termination, CONTRACTOR shall:
(a) Stop all work under this Agreement on the date specified in the notice of termination; and
(b) Transfer to COUNTY and deliver in the manner as directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would have been required to be furnished to COUNTY.

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5.4 After termination, COUNTY shall make payment only for CONTRACTOR'S performance up to the date of termination in accordance with this Agreement.

5.5 CONTRACTOR'S rights under this Agreement shall terminate (except for fees accrued prior to the date of termination) upon dishonesty or a willful or material breach of this Agreement by CONTRACTOR; or in the event of CONTRACTOR'S unwillingness or inability for any reason whatsoever to perform the terms of this Agreement. In such event, CONTRACTOR shall not be entitled to any further compensation under this Agreement.

5.6 If the Agreement is federally or State funded, CONTRACTOR cannot be debarred from the System for Award Management (SAM). CONTRACTOR must notify the COUNTY immediately of a debarment. Reference: System for Award Management (SAM) at https://www.sam.gov for Central Contractor Registry (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application, and Excluded Parties List System (EPLS)). Excluded Parties Listing System (EPLS) (http://www.epls.gov) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17). The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.

5.7 The rights and remedies of COUNTY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement.

6. Ownership/Use of Contract Materials and Products
The CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated by COUNTY pursuant to this Agreement shall be the sole property of the COUNTY. The material, reports or products may be used by the COUNTY for any purpose that the COUNTY deems to be appropriate, including, but not limit to, duplication and/or distribution within the COUNTY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the COUNTY.

7. Conduct of Contractor

7.1 The CONTRACTOR covenants that it presently has no interest, including, but not limited to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with CONTRACTOR'S performance under this Agreement. The CONTRACTOR furthercovenantsthat nopersonor subcontractorhavingany such interestshall be employedor retainedby CONTRACTOR under this Agreement. The CONTRACTOR agrees to inform the COUNTY of all the RFP# SHARC 364 Page 6 of 35
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CONTRACTOR'S interests, if any, which are or may be perceived as incompatible with the COUNTY'S interests.

7.2 The CONTRACTOR shall not, under circumstances which could be interpreted as an attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from individuals or firms with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing the work under this Agreement.

7.3 The CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees.

8. Inspection of Service; Quality Control/Assurance

8.1 All performance (which includes services, workmanship, materials, supplies and equipment furnished or utilized in the performance of this Agreement) shall be subject to inspection and test by the COUNTY or other regulatory agencies at all times. The CONTRACTOR shall provide adequate cooperation to any inspector or other COUNTY representative to permit him/her to determine the CONTRACTOR'S conformity with the terms of this Agreement. If any services performed or products provided by CONTRACTOR are not in conformance with the terms of this Agreement, the COUNTY shall have the right to require the CONTRACTOR to perform the services or provide the products in conformance with the terms of the Agreement at no additional cost to the COUNTY. When the services to be performed or the products to be provided are of such nature that the difference cannot be corrected;the COUNTY shall have the right to: (1) require the CONTRACTOR immediately to take all necessary steps to ensure future performance in conformity with the terms of the Agreement; and/or (2) reduce the Agreement price to reflect the reduced value of the services performed or products provided. The COUNTY may also terminate this Agreement for default and charge to CONTRACTOR any costs incurred by the COUNTY because of the CONTRACTOR'S failure to perform.

8.2 CONTRACTOR shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a COUNTY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR'S performance under this Agreement at any time, upon reasonable notice to the CONTRACTOR.

9. Independent Contractor/Employment Eligibility

9.1 The CONTRACTOR is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CONTRACTOR (including its employees, agents, and subcontractors) shall in no event be entitled to any RFP# SHARC 364 Page 7 of 35
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benefits to which COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties; and CONTRACTOR shall hold COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement. It is further understood and agreed by the parties that CONTRACTOR in the performance of this Agreement is subject to the control or direction of COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.

9.2 CONTRACTOR warrants that it shall make its best effort to fully comply with all federal and state statutes and regulations regarding the employment of aliens and others and to ensure that employees performing work under this Agreement meet the citizenship or alien status requirement set forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by federal or state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all covered employees, for the period prescribed by the law.

9.3 Ineligible Person shall be any individual or entity who: Is currently excluded, suspended, debarred or otherwise ineligible to participate in the federal health care programs; or has been convictedof a criminal offense related to the provision of health care items or services and has not been reinstated in the federal health care programs after a period of exclusion, suspension, debarment, or ineligibility.

9.4 CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.

CONTRACTOR shall not hire or engage any Ineligible Person to provide services directly relative to this Agreement. CONTRACTOR shall screen all current Covered Individuals within sixty (60) days of execution of this Agreement to ensure that they have not become Ineligible Persons unless CONTRACTOR has performed such screening on same Covered Individuals under a separate agreement with COUNTY within the past six (6) months. Covered Individuals shall be required to disclose to CONTRACTOR immediately any debarment, exclusion or other event that makes the Covered Individual an Ineligible Person. CONTRACTOR shall notify COUNTY within five (5) business days after it becomes aware if a Covered Individual providing services directly relative to this Agreement becomes debarred, excluded or otherwise becomes an Ineligible Person.

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9.5 CONTRACTOR acknowledges that Ineligible Persons are precluded from providing federal and state funded health care services by contract with COUNTY in the event that they are currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency. If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person, CONTRACTOR shall remove such individual from responsibility for, or involvement with, COUNTY business operations related to this Agreement.

9.6 CONTRACTOR shall notify COUNTY within five (5) business days if a Covered Individual or entity is currently excluded, suspended or debarred, or is identified as such after being sanction screened.

Such individual or entity shall be promptly removed from participating in any activity associated with this Agreement.

10. Subcontract for Work or Services
No contract shall be made by the CONTRACTOR with any other party for furnishing any of the work or services under this Agreement without the prior written approval of the COUNTY; but this provision shall not require the approval of contracts of employment between the CONTRACTOR and personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this Agreement.

11. Disputes

11.1 The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful,the dispute shall be referred to the senior managementof the parties. Any dispute relating to this Agreement, which is not resolved by the parties, shall be decided by the COUNTY'S Purchasing Department's Compliance Contract Officer who shall furnish the decision in writing. The decision of the COUNTY'S Compliance Contract Officer shall be final and conclusive unless determined by a court of competentjurisdiction to have been fraudulent,capricious,arbitrary,or so grossly erroneous to imply bad faith. The CONTRACTORshall proceed diligentlywith the performanceof this Agreement pending the resolution of a dispute.

11.2 Priorto the filingof any legal actionrelatedto thisAgreement,the parties shall be obligated to attend a mediation session in Riverside Countybefore a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

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12. Licensing and Permits
CONTRACTOR shall comply with all State or other licensing requirements, including but not limited to the provisions of Chapter 9 of Division 3 of the Business and Professions Code. All licensing requirements shall be met at the time proposals are submitted to the COUNTY. CONTRACTOR warrants that it has all necessary permits, approvals, certificates, waivers and exemptions necessary for performance of this Agreement as required by the laws and regulations of the United States, the State of California, the County of Riverside and all other governmental agencies with jurisdiction and shall maintain these throughout the term of this Agreement.

13. Use By Other Political Entities
The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this Agreement to each and every political entity, special district, and related non-profit entity in Riverside County. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to the CONTRACTOR; and COUNTY shall in no way be responsible to CONTRACTOR for other entities' purchases.

14. Non-Discrimination
CONTRACTOR shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethnic group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall complywith the provisions of the CaliforniaFair Employmentand Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Actof 1964 (P.L.88-352),the Americanswith Disabilities Act of 1990 (42 U.S.C.

SI210 et seq.) and all other applicable laws or regulations.

15. Records and Documents
CONTRACTOR shall make available, upon written request by any duly authorized Federal, State, or COUNTY agency, a copy of this Agreementand such books, documentsand records as are necessaryto certify the nature and extent of the CONTRACTOR'Scosts related to this Agreement. All such books, documentsand recordsshall be maintainedby CONTRACTORfor at least five yearsfollowingtermination of this Agreement and be available for audit by the COUNTY. CONTRACTOR shall provide to the COUNTY reports and information related to this Agreement as requested by COUNTY.

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16. Confidentiality

16.1 The CONTRACTOR shall not use for personal gain or make other improper use of privileged or confidential information which is acquired in connection with this Agreement. The term "privileged or confidential information" includes but is not limited to: unpublished or sensitive technological or scientific information; medical, personnel, or security records; anticipated material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement.

16.2 The CONTRACTOR shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, except for general statistical information not identifying any person. The CONTRACTOR shall not use such information for any purpose other than carrying out the CONTRACTOR'S obligations under this Agreement. The CONTRACTOR shall promptly transmit to the COUNTY all third-party requests for disclosure of such information. The CONTRACTOR shall not disclose, except as otherwise specifically permitted by this Agreement or authorized in advance in writing by the COUNTY, any such information to anyone other than the COUNTY. For purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual, such as finger or voice print or a photograph.

16.3 The CONTRACTOR is subject to and shall operate in compliance with all relevant requirements contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, enacted August 21, 1996, and the related laws and regulations promulgated subsequent thereto. Please refer to Attachment 1 of this agreement.

17. Administration/Contract Liaison
The Sheriff, or designee, shall administer this Agreement on behalf of the COUNTY. The Purchasing Department shall also serve as a liaison with CONTRACTOR in connection with this Agreement.

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18. Notices
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two days after their deposit in the United States mail, postage prepaid:

COUNTY OF RIVERSIDE CONTRACTOR
Riverside County Sheriffs Department Bio-Tox Laboratories, Inc. 4095 Lemon Street, 3rd Fir. 1965 Chicago, Avenue #C
Riverside, CA 92501 Riverside, CA 92501

19. Force Majeure
If either party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.

20. EDD Reporting Requirements
In order to comply with child support enforcement requirements of the State of California, the COUNTY may be required to submit a Report of Independent Contractor(s) form DE 542 to the Employment Development Department. The CONTRACTOR agrees to furnish the required data and certifications to the COUNTY within 10 days of notification of award of Agreement when required by the EDD. This data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders. Failure of the CONTRACTOR to timely submit the data and/or certificates required may result in the contract being awarded to another contractor. In the event a contract has been issued, failure of the CONTRACTOR to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of Agreement. If CONTRACTOR has any questions concerning this reporting requirement, please call (916) 657-0529. CONTRACTOR should also contact its local Employment Tax Customer Service Office listed in the telephone directory in the State Government section under "Employment Development Department" or access their Internet site at www.edd.ca.gov.

21. Hold Harmless/Indemnification

21.1 CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively RFP# SHARC 364 Page 12 of 35
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hereinafter referred to as Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. CONTRACTOR shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions or services.

21.2 With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR indemnification to Indemnitees as set forth herein.

21.3 CONTRACTOR'S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

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

22. Insurance

22.1 Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.

A. Workers' Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California.Policy shallinclude Employers' Liability(CoverageB) includingOccupationalDisease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.

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B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR'S performanceof its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

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

D. Professional Liability:

Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor's performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor's Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that CONTRACTOR has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows.

E. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have RFP# SHARC 364 Page 14 of 35
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the prior written consent of the County Risk Manager before the commencement of operations under this Agreement.Upon notificationof self-insuredretention unacceptableto the COUNTY, and at the election of the Country's Risk Manager, CONTRACTOR'S carriers shall either; 1) reduce or eliminate such self- insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees paymentof losses and relatedinvestigations,claims administration,and defense costs and expenses. 3) CONTRACTOR shall cause CONTRACTOR'S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect.

CONTRACTOR shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto that the CONTRACTOR'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention's or self-insured programs shall not be construed as contributory. 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scopeof services;or, there is amaterialchangein the equipmentto be used in theperformanceof the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Manager's reasonablejudgment, the amount or type of insurance carried by theCONTRACTORhas becomeinadequate.

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6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
7) The insurance requirements contained in this Agreement may be met with a program(s) of self- insurance acceptable to the COUNTY.
8) CONTRACTORagrees to notify COUNTYof any claim by a third party or any incident or event that may give rise to a claim arising from theperformanceof this Agreement.

23. General

23.1 CONTRACTOR shall not delegate or assign any interest in this Agreement, whether by operationof law or otherwise, without the prior written consentof COUNTY. Any attempt to delegate or assign any interest herein shall be deemed void andof no force or effect.

23.2 Any waiver by COUNTY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms or preventing COUNTY from enforcement of the terms of this Agreement.

23.3 In the event the CONTRACTOR receives payment under this Agreement, which is later disallowed by COUNTY for nonconformance with the terms of the Agreement, the CONTRACTOR shall promptly refund the disallowed amount to the COUNTY on request; or at its option the COUNTY may offset the amount disallowed from any payment due to the CONTRACTOR.

23.4 CONTRACTOR shall not provide partial delivery or shipment of services or products unless specifically stated in the Agreement.

23.5 CONTRACTOR shall not provide any services or products subject to any chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by a third party. The CONTRACTOR warrants that it has good title to all materials or products used by CONTRACTOR or provided to COUNTY pursuant to this Agreement, free from all liens, claims, or encumbrances.

23.6 Nothing in this Agreement shall prohibit the COUNTY from acquiring the same type or equivalent equipment, products, materials or services from other sources, when deemed by the COUNTY to be in its best interest. The COUNTY reserves the right to purchase more or less than the quantities specified in this Agreement.

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23.7 The COUNTY agrees to cooperate with the CONTRACTOR in the CONTRACTOR'S performance under this Agreement, including, if stated in the Agreement, providing the CONTRACTOR with reasonable facilities and timely access to COUNTYdata, information, and personnel.

23.8 CONTRACTOR shall comply with all applicable Federal, State and local laws and regulations. CONTRACTOR will comply with all applicable COUNTY policies and procedures. In the event that there is a conflict between the various laws or regulations that may apply, the CONTRACTOR shall comply with the more restrictive law or regulation.

23.9 CONTRACTOR shall comply with all air pollution control, water pollution, safety and health ordinances, statutes, or regulations, which apply to performance under this Agreement.

23.10 CONTRACTOR shall comply with all requirements of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor and the State of California (Cal/OSHA).

23.11 This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretationof this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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23.12 This Agreement, including any attachments or exhibits, constitutes the entire Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both parties.

IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY OF RIVERSIDE, a political
subdivision of the State of California
By:.

Chuck Washington, CHairman
Board of Supervisors
"7j*</20i?Dated:

ATTEST:

Kecia Harper-Ihem
Clerk of the Board
APPROVED AS TO FORM:

Gregory P. Priamos
County Counsel
>usanna Oh,
Deputy County Counsel
RFP# SHARC 364
Form #116-310- Dated: 2/01/2016

BIO-TOX LABORATORIES, INC.,
a California corporation
By: Q C
Namei'i ^
Title: g,
Dated: Vt^yW
JUL SU018 3.4?
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EXHIBIT A

SCOPE OF SERVICES
A. Response Time: Acceptableresponse time from notificationthat a specimen is ready for pickup and delivery/postmarkif mailing of a final report, is to be no longer than (3) three working days (working days are 8:00 am to 5:00 pm, Monday through Friday). Final laboratory reports are to be delivered/mailed by the lab to the requesting agency. Please indicate lab response time for Officer Involved Shootings, STAT and Rush cases.

B. Licenses & Certification:
a. Qualifications of the lab director should include being licensed by the California Department of Health Services as a Supervising Clinical Toxicologist or a Board Certified Forensic Toxicologist
b. Supervisors of analyst must be licensed by the California Department of Health Services in Clinical Toxicology; (or a Board Certified Forensic Toxicologist) c. The laboratory must be accredited in Forensic Toxicology by the American Board of Forensic Toxicology (ABFT).

C. Experience: Suppliers and agents of the laboratory must be familiar with the handling of evidence and the proper protocol for documenting and maintaining the correct chainof evidence. All aspects of testing must be appropriately documented. The documentation will include personnel files on analysts, supervisors, directors and all persons with access to specimens; chain of custody documents; quality assurance/control records; all test data; performance on proficiency testing can be accomplished and there is no deterioration of these items of evidence.

D. Expert Witness: The County of Riverside reserves the right to request replacement of any professional during the life of this agreement that is found to be unacceptable to the Court. A board- certified toxicologist shall be available as necessary for courtroom testimony and coroner review, as well as consultations with agency staff.

E. Testing Procedures:
a. Testing must consist of the screening of appropriate bodily liquids (e.g., blood, urine, bile, vitreous, gastric contents) and tissues (e.g., liver, brain, spleen, muscle) for the presence or absence of drugs, followed by confirmationof the amounts of drugs by a second procedure based on a different chemical principle. Initial screening can be done by immunoassay; however, only gas chromatography/massspectrometry (GC/MS) and Liquid Chromatography/Mass Spectrometry/Mass Spectrometry (LC/MS/MS) will be considered acceptable for confirmation testing.
b. The service may utilize one or more secondary toxicology laboratories for forensic testing of substances not provided by the primary laboratory (Send out or other reference laboratory).

The secondary facility shall conform to the license and certification requirements of the primary laboratory.
c. The laboratory shall be approximatelystaffedto allow for STAT drug testing whenrequested by the agency. Results will be available to the agency with a reasonable turnaround time.

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F. Locations: Locations where the lab may expect to obtain specimens from however, this is not to be considered a complete list. It is only a representation of the major places that were used in the past. a. Riverside County Sheriff-Coroner Forensic Center West, Perris, CA b. Riverside County Sheriff-Coroner Forensic Center East, Indio, CA c. Riverside County Sheriff-Jail, Riverside, CA
d. Riverside County Sheriff-Jail, Indio, CA
e. Riverside County Sheriff-Jail, Southwest Justice Center, CA f. Riverside County Sheriff Station's- Jurupa Valley, Moreno Valley, Southwest, Lake Elsinore, Perris, Cabazon, Palm Desert & Indio/Thermal.
g. Riverside County Sheriff-Jail, Southwest Justice Center, CA h. Riverside County Sheriff Contract Stations-Hemet and San Jacinto i. California Highway Patrol Office-Temecula Area
j. CaliforniaHighwayPatrol Office-BeaumontArea
k. California Highway Patrol Office-Indio Area

1. California Highway Patrol Office-Riverside Area
G. Special Considerations: The proposal shall include an itemized listing of any potential special fees (e.g., handling charges, chain of custody, tissue preparation) and listing if tests requiring a secondary laboratory (send outs). It shall specify approximate turnaround times for reporting of results on routine, rush and STAT cases. Specimens are to be maintained for a duration of two (2) years.

Coroner's Office to be provided a list prior to disposal, to respond with any requests for sample return.

Currently, the Riverside County Sheriff-Coroner performs approximately 1,400-1,500 autopsies per year and approximately 1,000 consultations (examination of the decedent without autopsy). The investigation of most of the autopsied decedents requires varying degrees of toxicological support on one or more specimens. Many decedents not requiring autopsy will be expected to have a toxicological workup.

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EXHIBIT B

PAYMENT PROVISIONS
# TEST DESCRIPTION Service Fee
ALCOHOL AND VOLATILES Unit Cost
1 ALCOHOL, URINE $ 42
2 ALCOHOL, VITREOUS S 42
3 ALCOHOL. BLOOD S 45
4 ALCOHOL, TISSUE $ 55
5 ALCOHOLIC BEVERAGE (including Pruno) $ 99
6 VOLATILES PANEL (ACETONE, ISOPROPANOL, METHANOL) $ 99 7 BARBITURATES PANEL, LC/MS/MS
BARBITURATE CONFIRMATION, LC/MS/MS $ 125

BUTALBITAL

PHENOBARBITAL

PENTOBARBITAL/AMOBARBITAL

SECOBARBITAL
8 BENZODIAZEPINES PANEL, LC/MS/MS
BENZODIAZEPINES CONFIRMATION, LC/MS/MS $ 155
7-AMINOCLONAZEPAM

ALPRAZOLAM

AMINOFLUNITRAZEPAM

BROMAZEPAM

CHLORDIAZEPOXIDE

CLOBAZAM

CLONAZEPAM

CLONAZOLAM

DELORAZEPAM

DESALKYLFLURAZEPAM

DIAZEPAM

DICLAZEPAM

ESTAZOLAM

ETIZOLAM

FLUBROMAZEPAM

FLUBROMAZOLAM

FLUNITRAZEPAM

FLURAZEPAM
RFP// SHARC 364
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HYDROXALPRAZOLAM

HYDROXYTRIAZOLAM

LORAZEPAM

MIDAZOLAM

NORCHLORDIAZEPOXIDE

NORDIAZEPAM

OXAZEPAM

PHENAZEPAM

PYRAZOLAM

TEMAZEPAM

TRIAZOLAM
9 CANNABINOIDS CONFIRMATION, LC/MS/MS
CANNABINOIDS CONFIRMATION, LC/MS/MS $ 95
DELTA-9-THC
1 l-HYDROXY-DELTA-9-THC
ll-CARBOXY-DELTA-9-THC
10 COCAINE CONFIRMATION, LC/MS/MS
COCAINE CONFIRMATION, LC/MS/MS S 75

COCAINE

BENZOYLECGONINE

COCAETHYLENE
11 CORONER DRUG SCREEN PANELS PLUS ALCOHOL

COMPREHENSIVE PANEL DRUG SCREEN (BLOOD, URINE OR
VITREOUS) - OVER 200 DRUGS DETECTABLE S 125
12 COMPREHENSIVE PANEL DRUG SCREEN (TISSUE) - OVER 200
DRUGS DETECTABLE S 135
13 CORONER PANEL DRUG SCREEN (BLOOD OR VITREOUS)-

AMPHETAMINES, BENZODIAZEPINES, CANNABINOIDS, COCAINE

METABOLITE, OPIATES, PCP, CARISOPRODOL, FENTANYL,

OXYCODONE, ZOLPIDEM
S 75
14 CORONER PANEL DRUG SCREEN (TISSUE)-AMPHETAMINES,

BENZODIAZEPINES, CANNABINOIDS, COCAINE METABOLITE,

OPIATES, PCP, CARISOPRODOL, FENTANYL, OXYCODONE,
ZOLPIDEM $ 85
15 OTHER DRUG SCREENS
DRUGS OF ABUSE SCREEN-BENZODIAZEP1NES, COCAINE

METABOLITE, METHAMPHETAMINE, OPIATES, PCP, THC
(ANTEMORTEM CASES ONLY) $ 42
RFP# SHARC 364
Form #116-310- Dated: 2/01/2016
Paae22of35
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16 10-PANEL DRUG SCREEN-AMPHETAMINES, BENZODIAZEPINES,

CANNABINOIDS, COCAINE METABOLITE, OPIATES, PCP,

CARISOPRODOL, FENTANYL, OXYCODONE, ZOLPIDEM
(ANTEMORTEM CASES ONLY) S 65
17 AMPHETAMINES SCREEN (URINE, BLOOD OR VITREOUS) $ 19
18 AMPHETAMINES SCREEN, TISSUE $ 25
19 BENZODIAZEPINES SCREEN (URINE, BLOOD OR VITREOUS) S 19 20 BENZODIAZEPINES SCREEN (TISSUE) S 25
21 CANNABINOIDS SCREEN (URINE, BLOOD OR VITREOUS) $ 19
22 CANNABINOIDS SCREEN (TISSUE) $ 25
23 COCAINE METABOLITE SCREEN (URINE, BLOOD OR VITREOUS) $ 19 24 COCAINE METABOLITE SCREEN (TISSUE) $ 25
25 DESIGNER STIMULANT SCREEN (URINE, BLOOD OR VITREOUS) $ 125 26 DESIGNER STIMULANT SCREEN (TISSUE) $ 135
27 LSD SCREEN (BLOOD OR VITREOUS) S 75
28 OPIATES SCREEN (URINE, BLOOD OR VITREOUS) S 19
29 OPIATES SCREEN (TISSUE) $ 25
30 PHENCYCLIDINE SCREEN (URINE. BLOOD OR VITREOUS) $ 19 31 AMPHETAMINES CONFIRMATION, LC/MS/MS
AMPHETAMINES CONFIRMATION, LC/MS/MS S 75

METHAMPHET AMINE

AMPHETAMINE

METHYLENEDIOXYAMPHETAMINE (MDA)

METHYLENEDIOXYMETHAMPHETAMINE (MDMA)
MDEA

BETA-PHENETHYLAMINE
32 OPIATES CONFIRMATION, LC/MS/MS
OPIATES CONFIRMATION, LC/MS/MS $ 89

MORPHINE

CODEINE

OXYCODONE

HYDROCODONE

HYDROMORPHONE

OXYMORPHONE
6-MONOACETYLMORPHINE

PHENCYCLIDINE CONFIRMATION, LC/MS/MS
33 PHENCYCLIDINE, LC/MS/MS $ 39

OTHER DRUGS (AND/OR METABOLITE), LC/MS/MS
34 ACETAMINOPHEN $ 99
RFP# SHARC 364
Form #116-310- Dated: 2/01/2016

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Attachment: FY18-19 to FY27-28_Bio-tox County Contract_approved (6305 : APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH BIO-TOX Contract ID # SHARC-96148-002-06/23
35 ALBUTEROL $ 99
36 AMITRIPTYLINE $ 99
37 ATENOLOL $ 99
38 BENZTROPINE $ 99
39 BROMPHENIRAMINE $ 99
40 BUPRENORPHINE $ 99
41 BUPROPION $ 125
42 BUSPIRONE $ 99
43 CARBAMAZEPINE $ 99
44 CARISOPRODOL $ 99
45 CHLORPHENIRAMINE $ 99
46 CHLORPROMAZDSTE $ 99
47 CrTALOPRAM/ESCITALOPRAM $ 99
48 CLONIDINE $ 99
49 CYCLOBENZAPRINE $ 99
50 DEXTROMETHORPHAN $ 99
51 DIPHENHYDRAMINE $ 99
52 DOXEPIN $ 99
53 DOXYLAMINE $ 99
54 DULOXETINE $ 99
55 FENTANYL $ 99
56 FLUOXETINE $ 99
57 GABAPENTIN $ 125
58 GAMMA-HYDROXYBUTYRATE $ 199
59 HALOPERIDOL $ 99
60 HYDROXYZINE $ 99
61 KETAMINE $ 99
62 LAMOTRIGINE $ 99
63 LEVETIRACETAM $ 99
64 LEVORPHANOL $ 99
65 LIDOCAINE $ 99
66 MECLIZINE $ 99
67 MEPERIDINE $ 99
68 METHADONE $ 99
69 METHOCARBAMOL $ 99
70 MIRTAZAPINE $ 99
71 NALOXONE $ 99
72 OLANZAPINE $ 99
73 OXCARBAZEPINE $ 99
RFP# SHARC 364
Form#116-310-Dated: 2/01/2016

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Attachment: FY18-19 to FY27-28_Bio-tox County Contract_approved (6305 : APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH BIO-TOX

FIRST AMENDMENT TO AGREEMENT

FOR PROFESSIONAL SERVICES
The First Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “City,” and BIO -TOX LABORATORIES, INC., hereinafter referred to as “Corporation.” This First Amendment to Agreement is made and entered into effective on the date the City signs this Amendment.

RECITALS:

Whereas, the City and Corporation entered into an Agreement entitled “ AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES” hereinafter referred to as “Agreement,” dated June 20, 2019; and
Whereas, the Corporation is providing professional toxicology testing services; and Whereas, the Agreement was originally entered into with Bio-T ox Laboratories, Inc., through a process commonly referred to as “piggybacking”, Corporation was competitively awarded a c ontract with the County of Riverside, and City proceeded to “piggybac k” the agreement awarded by the County of Riv erside for City services; and Whereas, the term of the Agreement expires on June 30, 2023; and Whereas, it is desirable to extend the term of the Agreement by extending it by five (5) years to create parity with the County of Riverside Professional Service Agreement Performance Period of November 1, 2018 through October 31, 2028; and Whereas, it is desirable to increase the “not -to-exceed” fee as is more particularly described in Section 1 of this First Amendment.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date of June 30, 2023 is extended by this Amendment to October 31, 2028.

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FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES

1. 2 The total “not-to-exceed fee for this Agreement is $900,000 ($400,000 for the original Agreement plus $500,000 for this First Amendment) pursuant to Exhibit “C” of the original Agreement.

SECTION 2

2. 1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

SECTION 3

3. 1 In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Amendment or as a result of any alleged breach of any provision of this Amendment, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.

SECTION 4

4. 1 This Amendment may be executed in several counterparts, each of which shall be deemed to be an original and shall constitute one and the same instrument and shall become binding upon the Parties when at least a copy hereof shall have been signed by the Parties hereto.

SECTION 5

5. 1 In the event there exists any conflicts between the terms of this Amendment and the Agreement, the terms of this Amendment shall be superseding.

SI

GNATURE PAGE TO FOLLOW
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FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
I
N WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

C
ity of Moreno Valley Bio-Tox Laboratories, Inc.

B
y: ____________________________ By: __________________________ Mike Lee, City Manager
Title: _________________________
Date: ______________________ (Chief Operating Officer)
Date: _________________________

INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
City Attorney
___________________________

Date
R
ECOMMENDED FOR APPROVAL:
___________________________
Department Head
___________________________

Date
06/06/2023
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Report to City Council

ID#6304 Page 1
TO: Mayor and City Council

FROM: Kenneth Reichle, Chief of Police

AGENDA DATE: June 20, 2023

TITLE: APPROVAL OF FIRST AMENDMENT TO AGREEMENT
WITH AMERICAN FORENSIC NURSES, INC. FOR

COLLECTION OF BIOLOGICAL EVIDENTIARY MATERIAL
(AGMT. NO. 2019-321)

RECOMMENDED ACTION
Recommendations:

1. Approve the First Amendment to Agreement for blood draw, biological evidence, and urine collection services with American Forensic Nurses, Inc.; and

2. Authorize the City Manager or his designee to execute future Agreements, subsequent extensions, and amendments, in accordance with the City’s Procurement Administrative Procedure (AP #3.09) and pursuant to MC 3.12.260, Materials, Supplies and Equipment – Cooperative Purchasing, subject to the approval of th e City Attorney, and provided sufficient funding is available within the City Council previously approved Operating Budget; and

3. Authorize an increase of $200,000 to the not-to-exceed amount of $160,000 of the Agreement with Ame rican Forensic Nurses, Inc. for a total of $360,000 over the life of the Agreement.

SUMMARY
This report recommends approval of the First Amendment to the Agreement for American Forensic Nurses, Inc. to conduct blood draws, biological evidence, and urine collection services as required during typical activities of the law enforcement function.

The County of Riverside contracts with American Forensic Nurses, Inc. for blood draw, biological evidence, and urine collection services. The City of Moreno Va lley A.21
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participates in this contract through cooperative purchasing pursuant to 3.12.260, Materials, Supplies, and Equipment—Cooperative Purchasing.

DISCUSSION
The Moreno Valley Police Department contracts with American Forensic Nurses, Inc. for the collection of biological evidentiary material during typical law enforcement activities such as investigations of DUI arrests, fatal traffic collisions, child endangerment, sexual assaults, suspicious deaths, substance abuse and employee exposure to blood -borne pathogens.

The general authority of law enforcement to obtain evidence is covered under Article I.

Section 13 of the California State Constitution. Law enforcement is obligated by state law to offer blood draws in the investigation of driving under the in fluence cases, per Section 23158 of the California Vehicle Code. Additionally, blood draws are a part of sex offender and arson registrant DNA collection under Section 296 of the California Penal Code. Furthermore, obtaining blood and / or urine samples is also an integral part of many non -driving-under-the-influence criminal investigations and can be requested for a variety of reasons.

The process of collecting such samples must meet all applicable laws and regulations for the collection of:

a. Blood-alcohol content analysis
b. Controlled substance content analysis
c. DNA analysis
d. For storage, later analysis, or to be a control sample

We anticipate that the charges for American Forensic Nurses to be approximately $40,000 per fiscal year.

ALTERNATIVES

1. Approve the recommended actions as presented in this staff report. This alternative is recommended by staff as it maintains continuity of service with contracted law enforcement services and will allow for the collection of biological evidentiary material for the prosecution of criminal activity without interruption.

2. Do not approve the recommended actions as presented in this staff report. This alternative is not recommended by staff as it would negatively impact investigation services provided by co ntracted law enforcement services and would cause a significant interruption of the collection of biological evidentiary material for the prosecution of criminal activity.

FISCAL IMPACT

Funds are approved and available in the Moreno Valley Police Depar tment's FY A.21
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2023/24 and FY 2024/25 General Fund Account No. 1010 -60-65-40010-625099 in the amount of $40,000 per fiscal year as this is a routine and anticipated expenditure. The budget request for FY 2025/26, FY 2026/27, and FY 2027/28 will be included as part of future biennial budget request submissions for those fiscal years.

NOTIFICATION

The draft First Amendment to Agreement sent to the contractor, American Forensic Nurses, Inc.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Shanna Palau Kenneth Reichle
Senior Contracts Analyst Police Chief

Concurred By:

Launa Jimenez
Financial Resources Division Manager

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. 07.01.19 to 06.30.23_American Forensic Nurses_Approved Contract

2. American Forensic Nurses_County Contract_2018-2028_SHARC-96148-003-10_28

3. First Amendment to Agreement - American Forensic Nurses Inc - (06.06.23)

APPROVALS

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Budget Officer Approval ✓ Approved . 6/11/23 11:15 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:51 AM A.21
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EXHIBIT "A"

SCOPE OF SERVICES
I. Hlood Drnw: Phlebotomy is the drawing of blood from a subject for a variety of purposes, transfusion. diagnosis. content analysis. or experiment. Law enforcement's interest in a blood sample is generally to obtain content analysis as evidence in narcotic or alcohol related events. and to obtain DNA samples for comparison to bodily fluid or body part samples collected at a crime scene. The general authority of law enforcement to obtain evidence is covered under Article I.

Section 13 of the California State Constitution. Law enforcement is also obligated by state law to offer blood draws in the investigation of driving under the influence cases, per Section 23158 of the California Vehicle Code. Blood draws are also a part of sex offender and arson registrant DNA collection under Section 296 of the California Penal Code. The obtaining of blood or urine samples is also an integral part of many non-driving-under-the-influence criminal investigations. Blood or urine samples may be requested for a variety of reasons and the process of collecting such samples must meet all applicable laws and regulations for the collection of:
a. Blood alcohol content analysis.
b. Controlled substance content analysis.
c. DNA analysis.
d. For storage, later analysis, or to be a control sample.

2. Urine Specimen Collection: CONTRACTOR may be asked to conduct urine collection for content analysis.

3. Suspect Sex Kit: Sexual Assault Suspect Examinations will be conducted in accordance with the California Office of Criminal Justice Planning (OCJP) guidelines. using sex kits available from the California Department of Justice obtained by the CONTRACTOR. Documentation of the examination and the specimens will be completed using the OCJP 950 form (Forensic Medical Report: Sexual Assault Suspect Examination) or any subsequent form approved by the California Department of Justice for such use. The original of the form will be provided to the investigating officer. A copy will be submitted with the sex kit and turned over to the investigating officer for appropriate disposition. and the person conducting the examination will retain a copy. a. CONTRACTOR is expected to conduct evidence collection from a sexual assault suspect (blood. nail scraping. hair. combing and such).

4. Dr\' Run (blood, urine. sex assault kit): Occasionally it is impossible or impractical to obtain a blood sample or urine collection in a medically approved manner. The CONTRACTOR may have been unable to complete a sexual assault kit. or other service, for a variety of legitimate reasons.

However. the CONTRACTOR may have dispatched staff at the request of law enforcement and may have expended supplies in the anticipation of services being rendered. It is suggested that this fee be less than that charged for a successful request for service.

5. Supplies: The CONTRACTOR is responsible for providing all necessary supplies to appropriately collect and package items or evidence. These items must meet medical standards and evidence standards for submission in a court of law. Sample collection containers arc available through local California Department of Justice Crime Labs and sample screening vendors.

RFP# or IJOS Agenda/Dale or SS.111
Form #116-310- Datcd: 2/01/2016

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6. Disposal of Waste: The CONTRACTOR will dispose of all waste in accordance with all applicable laws and regulations. The CONTRACTOR will be responsible for providing sharps containers al each Sheriffs station or corrections focility for the disposal of used syringes. The CONTRACTOR will be required to provide for waste disposal at remote sites as needed ( for example: blood draws performed at DU I checkpoints. accident scenes, boating enforcement programs. and such). a. CONTRACTOR shall possess and maintain, as required by law. all applicable medical waste permits issued by the Riverside County Department Environmental Health. and any other necessary perm its sufficient to encompass the contactors total volume of medical waste generated and/or transported.

7. Court Time: The CONTRACTOR will be available lo provide expert court testimony for all of the services provided. The CONTRACTOR'S staff may be subpoenaed to testify in actions related to their participation in the chain of custody. or the circumstances of thc collection of evidence. This cost should be factored into the bid for each service (blood draw. urine sample collection. suspect sexual assault kit). If there is a separate charge. the Department should pay only for the time spent testifying or at court waiting to testify. not for being ·'on-call ...

8. Scr\'iec Requirements:

9. a. The CONTRACTOR shall provide this service with personnel properly liccnsed or certified in the State of California such as Registered Nurses, Licensed Vocational Nurses, Paramedics.

Certified Phlebotomists, or other persons certified to draw blood and urine samples and collect sexual assault evidence from rape suspects in the Stale of California. l. Only licensed personnel, in accordance with all applicable statues and regulations, arc to be used in the obtaining of blood or urine samples utilized in the investigation of California Vehicle Code violations.

2. The CONTRACTOR shall comply with all applicable statutes and regulations for the collection of blood or urine samples for alcohol testing. And use California Department of Justice (DOJ) gray topped tubes for alcohol analysis distributed by the DOJ for the collection of blood samples.
b. The CONTRACTOR and their employees shall be familiar with the handling of evidence and the proper protocol for obtaining blood and suspect rape evidence. as well as any other evidence collected. They shall maintain the correct chain of evidence in accordance with Riverside County Sheriffs Department policies and procedures. Upon award, Sheriff Procedures will be given to CONTRACTOR.

I. Subjects from ,, horn blood is to be drawn or evidence collected may be recalcitrant. The CONTRACTOR shall assure that all personnel have experience with recalcitrant subjects. are trained to deal with recalcitrant subjects and an: willing to undertake dealing with possible recalcitrant subjects in the course or performing this service. c. The CONTRACTOR is subject to and shall operate in compliance with all relevant requirements contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Public Law I 04-191. enacted August 21. 1996, and the related laws and regulations promulgated subsequent thereto.

Respond Time:

Rf Pi; or 130S i\gcnd,t/D:11c or SSJI!
Form #l l6-3l0- Datcd: 2/01/2016
l'.igc 19 of 32
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Attachment: American Forensic Nurses_County Contract_2018-2028_SHARC-96148-003-10_28 (6304 : APPROVAL OF FIRST AMENDMENT TO Contract ID II SH/\RC-96148-003-10/28
a. The maximum acceptable time for a response to a call for service is thirty- (30) minutes from the time requested to arrival at the scene. This should include calls for service in the Blythe Sheriff's Station service area.
b. Acceptable response time from the time of notification shall be no longer than thirty- (30) minutes. CONTRACTOR will be monitored pursuant to response times. Response times shall commence from the time of initial contact by Sheriffs dispatch and conclude upon arrival at the location requested by SherifPs personnel. CONTRACTOR shall be considered "Late" to a call if any time elapses past the response time. Three (3) ·'Late'· responses in any given thirty- (30) day period may be considered a breach of contract and may be subject to tennination.
c. If the CONTRACTOR arrives at a Sheriffs facility and is unable to locale the requesting law enforcement officer with in fi ftcen- ( 15) minutes, contractor shall contact Sheri frs Dispatch via the law enforcement phone number for updated arrival or location information. prior to leaving the site.
d. CONTRACTOR shall be considered "No Show·' to a call if no arrival forty-five (45) minutes after the initial call from Sheriff's Dispatch. Two (2) "No Shows" within a one (I) year period may be considered as breach of contract and may be subject to termination. c. Language will be included that allows a penalty for delayed responses, such as, if the response takes longer than one- (I) hour, COUNTY will have to pay one half the regular fee.

The collection of blood and urine samples is time sensitive. Generally. the sooner the COUNTY obtains the samples the greater their value to the case. f The Sheriff's Department is not to be charged for a second response if the case agent rejects the staff member originally called out.

I 0. Vendor Requirements:
a. The CONTRACTOR will provide photo identification for each staf f
member. Staff members
will wear photo identification at all times when at a Sheriffs facility or remote site. The identification shall be updated yearly and display the following information:

I. Name of staff member

2. Title (e.g. Registered Nurse. Licensed Vocational Nurse. phlcbotomist and technician)

3. CONTRACTOR'S business name. address. and twenty-four (24) hour contact phone number.
b. The CONTRACTOR will maintain a twenty-four-hour, seven day a week toll free contact number for call-outs. The service must provide a confirmation that a staff member is responding to the requested location and an estimated time of arrival. c. The CONTRACTOR must notify the Department if members of their staf f
arc fired. arrested.
or become involved in circumstances that may cause their credibility, testimony. or the quality of their evidence collection to be called into question. d. The CONTRACTOR·s responding staf
f
must notify the case agent if the subject of the
service is known to, or related to, the staff member before service is rendered.

I I. Background Requirements:
a. CONTRACTOR'S staf
f
and employees will submit to and pass a Level 2 Security Check. prior to being allowed to provide the contracted service. The Sheriff.<; Personnel 13urcau will RFP# or BOS Agenda/Date or SSJ#
Form #116-310- Dated: 2/01/2016
Pag1: 20of32
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conduct these security checks. Level 2 Security Check may include the following or other information as requested by Sheriffs Personnel:

I . Photograph

2. Completion of a background questionnaire

3. fingerprint submission to the FBI, and DOJ for a criminal history check

4. Driver's license check

5. Wanted persons check

6. Local law enforcement contacts

7. Presentation of driver's license, SSN curd, DD2 I 4. Selective Service registration, marriage license. divorce decree, birth certilicate, linancial information, and such b. Failure to pass a background check is su flicient reason to reject the services of a staff member. The Shcrifrs Department reserves the right to reject staff that the COUNTY determines would jeopardize the integrity of an investigation. be an ethical conflict, or present facility security or an oflicer safety risk.

RFP# or BOS Agcnda'Datc or SSJ#
Form #
116-310 - Dated: 2/01/2016

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Attachment: American Forensic Nurses_County Contract_2018-2028_SHARC-96148-003-10_28 (6304 : APPROVAL OF FIRST AMENDMENT TO EXHJBIT "B"

PROPOSED PRICJNG
Contrai..:t ID Ii SIIARC-96148-003-10/28
ALL prices quoted should fully describe all costs to charges to County as part of this service/project.

Bidders must provide fully inclusive blended rates. which are inclusive all ol'thc bidder's project-related or supported expenses, including travel and supplies expenses. Expenses not included will not be reimbursed. Please submit your pricing on publicpurchasc.com.

Dcscrintion of Service
DUI Blood Draw
Drv Run DUI Blood Draw
Non-DUI Blood Draw
Drv Run Non-DUI Blood Draw
Urine Collection
Dry Run Urine Collection
Suspect Sex Kit
Dry Run Susl)ect Sex Kit
Court Time
RF!'# or OOS Agenda/Date or SSJ//
Form #116-3!0- Dated: 2/01/2016

Unit Cost
test $55.00
ca $30.00
test $55.00
ca $30.00
test $55.00
ca $30.00
test $100.00
ca $30.00
hour $75.00
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Attachment: American Forensic Nurses_County Contract_2018-2028_SHARC-96148-003-10_28 (6304 : APPROVAL OF FIRST AMENDMENT TO Conlracl ID II SI-I/\RC-96148-003-10/28
Attachment I
J Ill';\;\ Uusiness Assodatc J\grecment
Addendum to Contract
lktwern the County of Riverside und American Forensic Nurses. Inc.

This HIPJ\A Business Associate Agreement (the .. Addendum .. ) supplements and is made part ur the l lmkrlying ,\greernent bet I\' e en l he Cou nt y of Rive rside ( .. County .. ) and Contractor und shall he el'li:ctive as or 1he date the Underlying Agreement approvct.l by both Partks (the .. Effective Date .. ).

RECITALS
\\'I IEREAS. County and Contructor entered into the Underlying Agrecme111 pursuant to which the Contrucwr provides sci'\ iccs to County. ;mt.l in .:onjunction with the provision of such scl'\·kes c,·rtain pnllc,·tcd heallh inli•rmation (''I'll I .. ) ant.JIN certain ekctronic protected hl·allh information ( .. cPHI .. ) ma� be created by or made availuhle lo Contractor for the purposes of carrying out its oblig,llions under the Underlying Agreement: and. \\'I IEREAS. the pru,·isions of the Health Insurance Portability and Accountahilit� Act of 1996 , .. 1111' ;\,\ .. ). Public L,1,, I 0-1-191 cnacti:d August 21. 1996. and the llcalth lnfommtion Technology for Economic and Clinic.ii ll ealth Act ( .. II ITL:CI l .. l of the American Rcco\'cry and Rcinvcstmcnt t\i:1 of 2009. Public Li" 111-5 enacted Fchniar) 17. 2009. and 1hc laws and regulations promulgated suhsequcm thereto. as may be amended from time to time. arc applicable to thi: protection of m1y use or disclosuri: or 1'111 and/or el'l 11 pursuunt to the Undi:rlying Agrccmcnt: und.

Wl·IEREAS. Coun1y is a CO\'Crcd cntity. as defined in the Privacy Ruic: and.

WIIERE:\S. to the extent County discloses PHI and/or cPI-I I to Contractor or Contractor cre.itcs. receives. maintains. transmits. or has access to Pill and/or el'l 11 of County. Contractor is a business associate, as ddincd in thc Privacy Ruic; and, WHEREAS. pursuant to 42 l JSC § 17931 and § 17934. certain pro"isions ur thc S1.:curity Ruic and l'rivacy Ruic apply to a business asso1.:i.stc of a co,·crcd entity in thc s,1111c manner that they apply to the co\'cred entity. the additionul security and privacy requirements or HITECI I arc applicable to business associa1cs and must he incorporah:d inl\l the business associate agreement. and a business associate is liahk for civil and criminal penalties for failure to comply with thcsc security and/or pri\'acy provisions: and.
\\'I-IEREAS. the parties mutually agree that any use or disclosure or 1'111 and/or cl'HI must folloll' the l'ri,·acy Ruic.

Sccurit: Rule. I lll'AA. I IITECI I and any other applicable law: and.

WI IEREAS. the parties imcnd 10 enter into this Addendum to address thc requirem.·nts ant.l obligations sci forth in the Pri\'3cy Ruic, Sccurit: Ruk. I-IITECI I and IIIPA,\ as they apply to Contractor as ;1 husiness associate of County. including the cs1ablishmc111 of permitted and rcq11ired 11scs und disclosures of PHI and/or cl'HI createt.l or received b� Contractor during the course of performing fum:tions. services and acti\'itics on behalf of County. and .ippropriate limitations and conditions on such uses and disclosures:

NO\\'. TIIEREFORE. 111 ,onsider.uion of the mutual promises and covenants contained herein. the parties agree as follows:

I. Definitions. Terms used. hut 1101 otherwise dcfincd. in this Addcnd11111 shall hu\'e the �ami: mcaning ,L� those tcrms in HI TECH. Hll'A:\. Scc11rity Ruh: und!or l'riYacy Ruic. as may he amended from time to timc.

A. ..Breach·· whcn used in connection with PHI means the acquisilion. access. 11se or disclosure of PIii in a manner not permitted under subpart E or the Privacy Ruic which compromises the sernrity or pri\'at:y nf the PIii. and shall ha\'e the meaning given such term in 45 CFR §16.t.402.
(I) Except as pro\ idcd below in Pumgraph (2) or this delinition. ;1cq11isition. access. use. or disclosure of PII I in a manner not pcrmillcd by s11bpart E of the l'ri,·acy Ruic is presumed lo he a breach unless Contractor RFP# or llOS Agenda/Date or SS.1#
Form ii I I C,-310 - Dated: 2/0I/2016

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Attachment: American Forensic Nurses_County Contract_2018-2028_SHARC-96148-003-10_28 (6304 : APPROVAL OF FIRST AMENDMENT TO

FIRST AMENDMENT TO AGREEMENT

FOR PROFESSIONAL SERVICES
The Fi
rst Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “City,” and AMERICAN FORENSIC NURSES, Inc., hereinafter referred to as “ Corporation.” This First Amendment to Agreement is made and entered into effective on the date the City signs this Amendment.

RECITALS:

W hereas, the City and Corporation entered into an Agreement entitled “ AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES” hereinafter referred to as “Agreement,” dated June 24, 2019; and
Whereas, the Corporation is providing professional blood draw, biological evidence, and urine collection contracting services; and
Whereas, the Agreement was originally entered into with American Forensic Nurses, Inc., through a process commonly referred to as “ piggybacking”, Corporation was competitively awarded a contract with the County of Riverside, and City proceeded to “piggyback” t he agreement awarded by the County of Riverside for City services; and Whereas, the term of the Agreement expires on June 30, 2023; and Whereas, it is desirable to amend the term of the Agreement extending it by five (5) years to create parity with the County of Riverside Professional Service Agreement Performance Period of November 1, 2018 through October 31, 2028; and
Whereas, it is desirable to increase the “not -to-exceed” fee as is more particularly described in Section 1 of this First Amendment.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date of June 30, 2023 is extended by this Amendment to October 31, 2028.

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Attachment: First Amendment to Agreement - American Forensic Nurses Inc - (06.06.23) (6304 : APPROVAL OF FIRST AMENDMENT TO

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES

1.2 The total “not -to-exceed” fee for this Agreement is $360,000 ($160,000 for the original Agreement plus $200,000 for this First Amendment) pursuant to Exhibit “C” of the original Agreement.

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

SECTION 3

3.1 In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Amendment or as a result of any alleged breach of any provision of this Amendment, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.

SECTION 4

4.1 This Amendment may be executed in several counterparts, each of which shall be deemed to be an original and shall constitute one and the same instrument and shall become binding upon the Parties when at least a copy hereof shall have been signed by the Parties hereto.

SECTION 5

5.1 In the event there exists any conflicts between the terms of this Amendment and the Agreement, the terms of this Amendment shall be superseding.

SIGNATURE PAGE TO FOLLOW

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Attachment: First Amendment to Agreement - American Forensic Nurses Inc - (06.06.23) (6304 : APPROVAL OF FIRST AMENDMENT TO

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES

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

City of Moreno Valley American Forensic Nurses, Inc.

By: ____________________________ By: __________________________ Mike Lee, City Manager
Title: _________________________
Date: ______________________ ( Chief Operating Officer) Date: _________________________

INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
City Attorney

___________________________
Date

RECOMMENDED FOR APPROVAL:
___________________________
Department Head

___________________________
Date

06/06/2023
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Attachment: First Amendment to Agreement - American Forensic Nurses Inc - (06.06.23) (6304 : APPROVAL OF FIRST AMENDMENT TO

Report to City Council

ID#6303 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: June 20, 2023

TITLE: APPROVE THE FIRST AMENDMENT TO THE

AGREEMENT FOR ON -CALL PROFESSIONAL

CONSULTANT SERVICES FOR ADMINISTERING THE

COMMUNITY WORKFORCE PROGRAM WITH TSG
ENTERPRISES, INC. DBA THE SOLIS GROUP FOR

CITYWIDE PAVEMENT REHABILITATION PROGRAM

PROJECTS

RECOMMENDED ACTION
Recommendations:

1. Approve the First Amendment to Agreement for On -call Professional Consultant Services with TSG Enterprises, Inc. dba The Solis Group to provide additional On-call Professional Consultant Services for administering the Community Workforce Program services for the citywide pavement rehabilitation program projects in the “Not-to-Exceed” fee amount of $93,773.00; and

2. Authorize the City Manager to execute the First Amendment to Agreement for On-call Professional Consultant Services with TSG Enterprises, Inc. dba The Solis Group, subject to the approval by the City Attorney; and

3. Authorize an increase in the Purchase Order for TSG Enterprises, Inc. dba The Solis Group in the amount of $18,863.00 once the First Amendment has been signed by all parties using SB1/RMRA State Gas Tax funds (Fund 2000A) and Capital Projects Reimbursements (Fund 3008); and

4. Authorize the Cit y Manager to execute any subsequent Amendments to the Agreement with TSG Enterprises, Inc. dba The Solis Group within Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.

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SUMMARY

This report recommends approval of the First Amendment to Agreement for On -call Professional Consultant Services with TSG Enterprises, Inc. dba The Solis Group to provide additional Community Workforce Program related services for the citywide pavement rehabilitation program projects. These projects provide pavement preventative maintenance and corrective work, as well as rehabilitation for various arterial and collector street segme nts as included in the approved 5 -Year Pavement Management Program Look -ahead Plan for Fiscal Year 2021 -22 to Fiscal Year 2025 -

26. DISCUSSION

As roadway maintenance remains a top priority for the Council, the City has been utilizing a 5-Year Pavement Preservation and Rehabilitation Plan to prioritize streets for maintenance with limited funding available each year.

On August 8, 2022 the City executed an agreement with TSG Enterprises, Inc. dba The Solis Group, Inc. in the “Not -to-Exceed” amount of $74 ,910.00 to provide On -Call Professional Consultant Services for administering the Community Workforce Program services for pavement rehabilitation and preservation projects for a number of arterial and collector street segments as identified in the approve d 5 -Year Pavement Management Program Look -ahead Plan for Fiscal Year 2021 -22 to Fiscal Year 2025 -

26. Staff is recommending approval of the First Amendment to Agreement for On -Call Professional Consultant Services with TSG Enterprises, Inc. dba The Solis Group to provide additional community workforce program related services which includes anticipated construction through July 2023 plus two months of close out for an additional not-to-exceed fee of $18,863.00. The unusual wet season caused significant weather related delays resulting in additional working days added to the contract.

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

ALTERNATIVES

1. Approve and authorize the rec ommended actions as presented in this staff report. This alternative will provide for a timely close out of Community Workforce Program Administration Services for the Citywide Pavement Rehabilitation Program projects.

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2. Do not approve and authorize the rec ommended actions as presented in this staff report. Staff does not recommend this alternative as it will delay the close out of the Citywide Pavement Rehabilitation Program projects.

FISCAL IMPACT

This work is eligible to be funded by SB1/RMRA State Gas Tax (2000A) and Capital Projects Reimbursements (Fund 3008).

AVAILABLE BUDGET
State Gas Tax (RMRA SB1 Funds)
(Account 2000-70-77-80001-720199) (Project No. 801 0089-2000A-99) ........... $194,342

Capital Projects Reimbursements
(Account 3008-70-77-80001-720199) (Project No. 801 0096-3008-99) .......... $1,637,801

ESTIMATED ADDITIONAL COMMUNITY WORKFORCE RELATED COSTS
Consultant Additional Community Workforce Program Services Costs................ $18,863 Consultant Current Community Workforce Program Services Costs .................. $74,910 Total Estimated Total Costs………………………………………………………… $93,773

NOTIFICATION

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

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Quang Nguyen, P.E. Melissa Walker, P.E.

Capital Projects Principal Engineer Public Works Director/City Engineer

Concurred By:

Harold Zamora
Engineering Div. Manager/Assist. City Engineer

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

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

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CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. First Amendment to Agreement for On-Call Professional Consultant Services

APPROVALS

Budget Officer Approval ✓ Approved . 6/11/23 10:59 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:52 AM A.22
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FIRST AMENDMENT TO AGREEMENT

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES FOR

ADMINISTERING THE COMMUNITY WORKFORCE PROGRAM FOR
CITYWIDE PAVEMENT REHABILITATION PROGRAM – FY 21/22 TO FY 25/26 (LOCAL STREETS) PROJECT NO. 801 0089
PAVEMENT REHABILITATION FOR VARIOUS LOCAL STREETS – CDBG FY 21/22 PROJECT NO. 801 0093
CITYWIDE PAVEMENT REHABILITATION PROGRAM – FY 21/22 TO FY 25/26 (ARTERIAL AND

COLLECTOR STREETS)
PROJECT NO. 801 0096

This First Amendment to Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2023 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and TSG Enterprises, Inc. dba The Solis Group, a California corporation, hereinafter referred to as “Consultant.”
RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled "AGREEMENT for

ON-CALL PROFESSIONAL CONSULTANT SERVICES FOR ADMINISTERING THE COMMUNITY WORKFORCE PROGRAM," hereinafter referred to as "Agreement," dated June 17, 2021.

Whereas, the Consultant is providing consultant services for CITYWIDE PAVEMENT REHABILITATION PROGRAM – FY 21/22 TO FY 25/26 (LOCAL STREETS); PAVEMENT REHABILITATION FOR VARIOUS LOCAL STREETS – CDBG FY 21/22; AND CITYWIDE PAVEMENT REHABILITATION PROGRAM – FY 21/22 TO FY 25/26 (ARTERIAL AND

COLLECTOR STREETS)
Whereas, it is desirable to amend the Agreement to increase Terms of Payment; as is more particularly described in Section 1 of this First Amendment.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date of December 31, 2023 is not extended by this First Amendment to the Agreement.

1.2 Exhibit “C” to the Original Agreement is hereby further amended by adding the cost A.22.a
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Attachment: First Amendment to Agreement for On-Call Professional Consultant Services (6303 : APPROVE THE FIRST AMENDMENT TO THE

FIRST AMENDMENT TO AGREEMENT FOR

ON-CALL PROFESSIONAL CONSULTANT SERVICES
PROJECT NOS. 801 0089, 801 0093 AND 801 0096
section described in Exhibit “A,” entitled "Request for Amendment.”

1.3 The combined total “Not-to-Exceed” fee for this contract is $93,773.00 ($74,910.00 for the original, plus $18,863.00 for the First Amendment to Agreement. A “Not-to-Exceed” fee of $33,712.00 ($24,080.00 for the original Agreement, $9,632.00 for the First Amendment) for Project No. 801 0089; $20,060.00 ($20,060.00) for the original Agreement, $0 for the First Amendment to Agreement) for Project No. 801 0093; and $40,001.00 ($30,770.00 for the original Agreement, plus $9,231.00 for the First Amendment to Agreement) for Project No. 801 0096.

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

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

SIGNATURE PAGE TO FOLLOW:

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Attachment: First Amendment to Agreement for On-Call Professional Consultant Services (6303 : APPROVE THE FIRST AMENDMENT TO THE

FIRST AMENDMENT TO AGREEMENT FOR

ON-CALL PROFESSIONAL CONSULTANT SERVICES
PROJECT NOS. 801 0089, 801 0093 AND 801 0096

City of Moreno Valley TSG Enterprises, Inc. dba The Solis Group

BY: BY:

Mike Lee, City Manager

TITLE:
(President or Vice President)

Date
Date

BY:

TITLE:
(Corporate Secretary)

Date

Enclosures: Exhibit “A” – Request for Amendment

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

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Attachment: First Amendment to Agreement for On-Call Professional Consultant Services (6303 : APPROVE THE FIRST AMENDMENT TO THE

Exhibit “A”

Request for Amendment

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Attachment: First Amendment to Agreement for On-Call Professional Consultant Services (6303 : APPROVE THE FIRST AMENDMENT TO THE

Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA

P 626 685 6989
F 626 685 6985

thesolisgroup.com
Pasadena / Dallas / Honolulu / Oakland / Orlando / San Diego April 26, 2023

Gail Smerkol
Consultant – CAV Consulting
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Re: Request for Amendment – CWA Administration Services Citywide Pavement Rehab Project No. 801 0089

Dear Ms. Smerkol:

Please accept this written request to amend The Solís Group’s (TSG’s) existing Agreement for the above referenced project.

Due to an extension of the construction schedule, our services are now required through September 2023. This includes anticipated construction through July 2023 plus two months of close out. Based on a four-month extension at our monthly fee of $2,408, we are requesting an additional $9,632.

Please note, if we are able to close the project earlier than anticipated, we will cease billing.

Please do not hesitate to contact me with any questions at 818-634-7335 or [email protected].

Sincerely,

Mike Komsky
Chief Operating Officer

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Attachment: First Amendment to Agreement for On-Call Professional Consultant Services (6303 : APPROVE THE FIRST AMENDMENT TO THE

Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA

P 626 685 6989
F 626 685 6985

thesolisgroup.com
Pasadena / Dallas / Honolulu / Oakland / Orlando / San Diego April 26, 2023

Gail Smerkol
Consultant – CAV Consulting
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Re: Request for Amendment – CWA Administration Services Citywide Pavement Rehab Project No. 801 0096

Dear Ms. Smerkol:

Please accept this written request to amend The Solís Group’s (TSG’s) existing Agreement for the above referenced project.

Due to an extension of the construction schedule, our services are now required through August 2023. This includes anticipated construction through June 2023 plus two months of close out. Based on a three-month extension at our monthly fee of $3,077, we are requesting an additional $9,231.

Please note, if we are able to close the project earlier than anticipated, we will cease billing.

Please do not hesitate to contact me with any questions at 818-634-7335 or [email protected].

Sincerely,

Mike Komsky
Chief Operating Officer

A.22.a
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Attachment: First Amendment to Agreement for On-Call Professional Consultant Services (6303 : APPROVE THE FIRST AMENDMENT TO THE

Report to City Council

ID#6308 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: June 20, 2023

TITLE: PEN21-0136 (TR 38123) – APPROVE TRACT MAP 38123

LOCATED AT THE NORTHEAST CORNER OF
ALESSANDRO BOULEVARD AND LASSELLE STREET.

DEVELOPER: D.R. HORTON, LOS ANGELES HOLDING
COMPANY, INC.

RECOMMENDED ACTION
Recommendations:

1. Approve Tract Map 38123; and

2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.

SUMMARY

This report recommends approval of Tract Map 38123, which is owned by D.R. Horton, Los Angeles Holding Company, Inc . Tract Map 38123 will subdivide a portion of the property into 177 residential lots and is located at the northeast corner of Alessandro Boulevard and Lasselle Street.

DISCUSSION

On January 27, 2022, the Planning Commission of the City of Moreno Valley approved Tentative Tract Map 38123. The project involves the subdivision of 33.57 acres (gross) into 177 single -family residential lots located at the northeast corner of Alessandro Boulevard and Lasselle Street. The Agreement for the major Public Improvements was recorded on May 16, 2023, while the Agreement for minor off -site Public Improvements will be executed prior to map recordation. Tract Map 38 123 is in substantial conformance with the approved Tentative Tract Map. The developer has requested that the map be approved for recordation. Due to the size of the map, it is not attached to A.23
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this report. However, the map is available for review at the Public Works/Land Development counter at City Hall.

ENVIRONMENTAL

On January 27, 2022, the Planning Commission of the City of Moreno Valley approved Tentative Tract Map 38123 (PEN21 -0136) and the Initial Study/Mitigated Negative Declaration (IS/MND) pr epared for the project. The IS/MND was completed in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. It reflects that the Planning Commission reviewed, considered the information contained in the document, exercise d its independent judgment, and analyzed the proposed Project’s potential environmental impacts . In accordance with CEQA Guidelines, the Planning Commission determined that the project would not result in significant impacts on the environment. In addit ion, no revisions or further analysis of the adopted Mitigated Negative Declaration was required. Therefore, no subsequent environmental review is required.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow the tract map to be recorded and allow the project to move forward with development of residential property and adjacent improvements.

2. Do not approve and do not authorize the recommended actions as presente d in this staff report. Staff does not recommend this alternative as it will not allow the tract map to be recorded and not allow the project to move forward with development of residential property and adjacent improvements.

FISCAL IMPACT

No fiscal impact is anticipated.

NOTIFICATION

Publication of agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Jordan Koga Melissa Walker, P.E.

Stormwater Program Consultant Public Works Director/City Engineer

Concurred By:

Clement Jimenez, P.E.

Principal Engineer
A.23
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CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

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

1. Vicinity Map - PEN21-0136 (TR 38123)

APPROVALS

Budget Officer Approval ✓ Approved . 6/11/23 11:34 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:49 AM A.23
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SCALE: 1"=2000'VICINITY MAPN SITEALESSANDRO BLVD.

LASSELLE ST.

BAY AVE.MORRISON ST.DARWIN DR.
60 COTTONWOOD AVE.DRACAEA AVE.EUCALYPTUS AVE.FIR AVE.

KITCHING ST.NASON ST.

PEN21-0136 (TR 38123)FINAL MAPCITY OF MORENO VALLEYPUBLIC WORKS DEPARTMENT-LAND DEVELOPMENT S. 1/2 SECTION 9, T. 3 S., R. 3 W
A.23.a
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Attachment: Vicinity Map - PEN21-0136 (TR 38123) (6308 : PEN21-0136 (TR 38123) – APPROVE TRACT MAP 38123)

Report to City Council

ID#6294 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: June 20, 2023

TITLE: PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS

TRANSFERRING THE CITY'S TITLE INTEREST IN STORM

DRAIN EASEMENTS TO THE RIVERSIDE COUN TY

FLOOD CONTROL AND WATER CONSERVATION

DISTRICT DEVELOPER - KB HOME CALIFORNIA, LLC

RECOMMENDED ACTION
Recommendations:

1. Accept the storm drain easements within Lots “L”, “S”, and “T” dedicated on Tract Map 31592 for construction and maintenance of flo od control facilities as well as access easements within Lots “L” and “S” for ingress and egress; and

2. Authorize the City Manager to execute the Quitclaim Deeds transferring all rights, title, and interest in and to the storm drain and access easements recorded on Tract Map 31592, recorded in Map Book 461, Pages 57 through 80 inclusive, in the Official Records of Riverside County, California and by separate instrument DOC#2018-0326762, to Riverside County Flood Control and Water Conservation District (RCFC&WCD); and

3. Direct the City Clerk to forward the signed Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for further processing and recordation.

SUMMARY

This report recommends the execution of quitclaim deeds of storm drai n and access easements within Tract Map 31592 for future operation, maintenance, repair, and improvement of the storm drain facilities known as Sunnymead M aster Drainage Plan (MDP) Vista Lane Storm Drain Stage 1. The quitclaim deeds will transfer the City ’s right, title, and interest of the storm drain and access easements to Riverside County A.24
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Flood Control and Water Conservation District (RCFC&WCD).

DISCUSSION

Tract Map 31592 is a 114 -lot single family, residential subdivision. As a condition of approval for Tract Map 31592, located at the end of Covey Road , east of Perris Boulevard (Attachment 1), the project developer was required to construct storm drain improvements. On September 6, 2017, a Cooperative Agreement between RCFC&WCD, the City of Moreno Valley, and KB Home California LLC was recorded for Tract Map 31592. Per the Cooperative Agreement, RCFC&WCD is to maintain the storm drain within the storm drain easement area within Tract Map 31592 and the detention basin designated as Lot D on Tract M ap 31592. The storm drain and access easements were dedicated to the City on the recorded map and by a separate instrument. Construction of the project has been completed and RCFC&WCD is ready to assume maintenance of the storm drain facility.

The City has received a request from the RCFC&WCD to quitclaim the referenced storm drain and access easements within Tract Map 31592, in accordance with the Cooperative Agreement (Attachment 2). The quitclaim deeds (Attachment 3) transfer the City’s title interes t in the storm drain and access easements for Sunnymead MDP Vista Lane Storm Drain Stage 1 to RCFC&WCD to allow the RCFC&WCD to operate and maintain the drainage facilities located within said storm drain and access easements.

ALTERNATIVES

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

Staff recommends this alternative as this alternative will allow for proper maintenance of the storm drain facilities by the RCFC&WCD.

2. Do not approve and do not authorize the recommende d actions as presented in this staff report. Staff does not recommend this alternative as this alternative would not allow for proper maintenance of the storm drain facilities by the RCFC&WCD.

FISCAL IMPACT

No fiscal impact is anticipated.

NOTIFICATION

Publication of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Clement Jimenez, P.E. Melissa Walker, P.E.

Principal Engineer Public Works Director/City Engineer

A.24
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CITY COUNCIL GOALS
Public Facilities and Ca pital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

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

1. Vicinity Map - PA03-0086 (TR 31592)

2. Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592

3. Quitclaim Deeds TR 31592

APPROVALS

Budget Officer Approval ✓ Approved . 6/11/23 10:31 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:45 AM A.24
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CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT
PA03-0086
(TM 31592)
Project Site
A.24.a
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Attachment: Vicinity Map - PA03-0086 (TR 31592) (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE A.24.b
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Attachment: Cooperative Agreement - Sunnymead-Vista Lane Storm Drain, Stage1 - TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE 248010

Recorded at request of, and return to:

Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501

NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Sunnymead-Vista Lane Storm Drain The undersigned grantor(s) declare(s) Project No. 4-0-00364
PA03-0086 (LGL23-0007) DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract No. 31592 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APNs 474-760-024 and 474-760-026

QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MORENO VALLEY, a municipal corporation does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, all right, title and interest in and to an access easement, situated in the city of Moreno Valley, County of Riverside, State of California, described as follows:

See legal description attached hereto as Exhibit "A", and made part hereof, to be referenced hereafter as RCFC Parcel No. 4364-500.

CITY OF MORENO VALLEY,
a municipal corporation:

Date: By:

MIKE LEE, City Manager

ATTEST:

JANE HALSTEAD,
Clerk to the City of Moreno Valley

By:

City Clerk (SEAL)

A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT

EXHIBIT "A"

LEGAL DESCRIPTION
SUNNYMEAD – VISTA LANE - STORM DRAIN

Parcel No. 4364-500
APNs: 474-760-024 & 474-760-026
In the City of Moreno Valley, County of Riverside, State of California, being that certain Access Easement, noted as Easement Note No. 9, over portions of Lot “L” and Lot “S”, Tract No. 31592, filed in Book 461, Pages 57 through 80, inclusive, of Maps, records of said county.

Containing 9,225 square feet / 0.212 acre more or less.

JAMES R. McNEILL
Land Surveyor No. 7752
Date:

In the City of Moreno Valley, County of Riverside, State of California, being that certain Access Easement, noted as Easement Note No. 9, over portions of Lot L and Lot S, Tract No. 31592, filed in Book 461, Pages 57 through 80, inclusive, of Maps, records of said County. 3/20/2023
In the City of Moreno Valley, County of Riverside, State of California, being that certain Access Easement, noted as Easement Note No. 9, over portion of Lot L and Lot S, Tract No. 31592, filed in Book 461, Pages 57 through 80, inclusive, of Maps, records of said county.

A.24.c
Packet Pg. 905
Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MORENO VALLEY ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION ("Grantee"), a body politic , is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer

Project: Sunnymead -Vista Lane Storm Drain
Project No. 4-0-00364
Tract No. 31592
APN 474-760-024 and 474-760-026
RCFC Parcel No. 4364-500

AU:blm
A.24.c
Packet Pg. 906
Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE 248012

Recorded at request of, and return to:

Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501

NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Sunnymead-Vista Lane Storm Drain The undersigned grantor(s) declare(s) Project No. 4-0-00364
PA03-0086 (LGL 23-0007) DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract No. 31592 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APNs 474-760-024 and 474-760-026

QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MORENO VALLEY, a municipal corporation does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, all right, title and interest in and to a storm drain easement, situated in the city of Moreno Valley, County of Riverside, State of California, described as follows:

See legal description attached hereto as Exhibit "A", and made part hereof, to be referenced hereafter as RCFC Parcel No. 4364-501.

CITY OF MORENO VALLEY,
a municipal corporation:

Date: By:

MIKE LEE, City Manager

ATTEST:

JANE HALSTEAD
Clerk to the City of Moreno Valley

By:

City Clerk (SEAL)

A.24.c
Packet Pg. 907
Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT

EXHIBIT "A"

LEGAL DESCRIPTION
SUNNYMEAD – VISTA LANE - STORM DRAIN

Parcel No. 4364-501
APNs: 474-760-024 & 474-760-026
In the City of Moreno Valley, County of Riverside, State of California, being that certain Storm Drain Easement, noted as Easement Note No. 10, over portions of Lot “L” and Lot “S”, Tract No. 31592, filed in Book 461, Pages 57 through 80, inclusive, of Maps, records of said county.

Containing 3,464 square feet / 0.080 acre more or less.

JAMES R. McNEILL
Land Surveyor No. 7752
Date:

In the City of Moreno Valley, County of Riverside, State of California, being that certain Storm Drain Easement, noted as Easement Note No. 10, over portions of Lot L and Lot S, Tract No. 31592, filed in Book 461, Pages 57 through 80, inclusive, of Maps, records of said county. 3/20/2022
A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MORENO VALLEY ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION ("Grantee"), a body politic , is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer

Project: Sunnymead -Vista Lane Storm Drain
Project No. 4-0-00364
Tract No. 31592
APN 474-760-024 & 474-760-026
RCFC Parcel No. 4364-501

AU:blm
A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE 248015

Recorded at request of, and return to:

Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501

NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Sunnymead-Vista Lane Storm Drain The undersigned grantor(s) declare(s) Project No. 4-0-00364
PA03-0086 (LGL23-0008) DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract No. 31592 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APN 474-760-027

QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MORENO VALLEY, a municipal corporation does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, all right, title and interest in and to a storm drain easement, situated in the city of Moreno Valley, County of Riverside, State of California, described as follows:

See legal description attached hereto as Exhibit "A", and made part hereof, to be referenced hereafter as RCFC Parcel No. 4364-502.

CITY OF MORENO VALLEY,
a municipal corporation:

Date: By:

MIKE LEE, City Manager

ATTEST:

JANE HALSTEAD
Clerk to the City of Moreno Valley

By:

City Clerk (SEAL)

A.24.c
Packet Pg. 910
Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT

EXHIBIT "A"

LEGAL DESCRIPTION
SUNNYMEAD – VISTA LANE - STORM DRAIN

Parcel No. 4364-502
APNs: 474-760-027
In the City of Moreno Valley, County of Riverside, State of California, being that certain Storm Drain Easement, noted as Easement Note No. 10, over that portion of Lot “T” lying easterly of “L118”, Tract No. 31592, filed in Book 461, Pages 57 through 80, inclusive, of Maps, records of said county.

Containing 5,523 square feet / 0.127 acre more or less.

JAMES R. McNEILL
Land Surveyor No. 7752
Date:

In the City of Moreno Valley, County of Riverside, State of California, being that certain Storm Drain Easement, noted as Easement Note No. 10, over portion of Lot T lying easterly of “L118”, Tract No. 31 592, filed in Book 461, Pages 57 through 80, in clusive, of Maps, records of said county.
3/20/2023
A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MORENO VALLEY ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION ("Grantee"), a body politic , is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer

Project: Sunnymead -Vista Lane S torm Drain
Project No. 4-0-00364
Tract No. 31592
APN 474-760-027
RCFC Parcel No. 4364-502

AU:blm
A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE 248014

Recorded at request of, and return to:

Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501

NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Sunnymead-Vista Lane Storm Drain The undersigned grantor(s) declare(s) Project No. 4-0-00364
PA03-0086(LGL23-0006) DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract No. 31592 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APN 474-760-022

QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MORENO VALLEY, a municipal corporation does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, all right, title and interest in and to an easement for flood control and drainage purposes, including but n ot limited to construction, use, repair, reconstruction, inspection, operation and maintenance of basin and storm drain facilities and all appurtenant works, including ingress and egress thereto, situated in the city of Moreno Valley, County of Riverside, State of California, more particularly described in Irrevocable Offer of Dedication recorded August 15, 2018 as Instrument Number 2018-0326762 in the records of the Recorder's Office, Riverside County, State of California, to be referenced herea fter as RCFC Parcel 4364-503 as shown on Exhibit "A", attached for reference purposes only.

CITY OF MORENO VALLEY,
a municipal corporation:

Date: By:

MIKE LEE, City Manager

ATTEST:

JANE HALSTEAD
Clerk to the City of Moreno Valley

By:

City Clerk (SEAL)

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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE A.24.c
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MORENO VALLEY ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION ("Grantee"), a body politic , is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by R esolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer

Project: Sunnymead -Vista Lane S torm Drain
Project No. 4-0-00364
Tract No. 31592
APN 474-760-022
RCFC Parcel No. 4364-503

AU:blm
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Attachment: Quitclaim Deeds TR 31592 (6294 : PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING THE CITY'S TITLE

Report to City Council

ID#6231 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Assistant City Manager (Development)

AGENDA DATE: June 20, 2023

TITLE: APPROVE RESOLUTION DIRECTING MORENO VALLEY

UTILITY TO USE REVENUE FROM CALIFORNIA LOW

CARBON FUEL STANDARD (LCFS) MARKET SOLELY TO

REDUCE GREENHOUSE GAS EMISSIONS

RECOMMENDED ACTION
Recommendation:

1. Approve Resolution No. 2023 -XX directing Moreno Valley Utility to use revenue from California Low Carbon Fuel Standard ( LCFS) Market solely to reduce greenhouse gas emissions and improve local air quality consistent with the Greenhouse Gas Reduction Fund Act.

SUMMARY

In 2009, the California Air Resources Board (CARB) approved the Low Carbon Fuel Standard (LCFS) as a measure to achieve two goals: (1) reduce California's greenhouse gas (G HG) emissions and the carbon intensity (CI) of transportation fuel used in California by at least 10 percent by 2020 from a 2010 baseline; and (2) provide an increasing range of renewable alternatives, which reduce petroleum dependency and achieve air qual ity benefits. These reductions result in credit generation opportunities that can be used to benefit the community.

This report recommends approval of Resolution 2023 -XX directing Moreno Valley Utility to use the revenue from the sale of Low Carbon Fuel S tandard (LCFS) credits to solely support projects and programs that help to reduce greenhouse gas emissions and improve local air quality consistent with the Greenhouse Gas Reduction Fund Act.

DISCUSSION

The LCFS is expressed in terms of the "carbon intensity" (CI) of gasoline and diesel fuel A.25
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and their respective substitutes. One LCFS credit represents 1 metric ton of GHG emission reduced. The carbon intensity scores assessed for each fuel are compared to a declining CI benchmark for each year. Low carbon fuels below the benchmark generate credits, while fuels above the CI benchmark generate deficits. To meet compliance requirements, importers and refiners of carbon -intensive fuels accrue deficits, which they need to offset with credits. They are required to either blend cleaner fuels or buy LCFS credits from generators of lower CI fuels. The LCFS market is the mechanism entities use to buy credits necessary to offset their deficits. The value of the LCFS credit is determined by supply and demand dynamics within the market; the average 2023 price per credit is approximately $72.00.

Since 2019, Moreno Valley Utility has been accruing LCFS credits from the utility-owned EV chargers; the current balance is 4,587 credits. Staff is recommending selling the credits into the market. The revenue generated from the sale of these credits can only be used to fund projects and programs that help to reduce greenhouse gas emissions and improve local air quality consistent with the Greenhouse Gas Reduction Fund Act, such as the installation of electric vehicle infrastructure.

ALTERNATIVES

1. Approve the proposed Resolution directing Moreno Valley Utility to use the revenue generated from the sale of Low Carbon Fuel Standard (LCFS) credits to fund projects and progra ms that help to reduce greenhouse gas emissions and improve local air quality.

2. Do not approve the proposed Resolution directing Moreno Valley Utility to sell the LCFS credits and use the revenue to solely benefit the community . The City would have less funds to use for projects and programs that would benefit the community while reducing greenhouse gas emissions and improving local air quality.

FISCAL IMPACT

MVU has a total of 4,587 credits through 2022. It is anticipated that MVU will receive approximately $330,264 through the sale of the credits to be used for projects and programs that help to reduce greenhouse gas emissions and improve local air quality.

Funds will not be available until fiscal year 2023/2024; a budget adjustment for MVU’s operating fund will be presented to Council for approval when the actual dollar amount of the sale of the credits is determined.

NOTIFICATION

Posting of Agenda.

ATTACHMENTS

Attachment 1 – Proposed Resolution 2023-XX_LCFS
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PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Jeannette Olko Melissa Walker, P.E.

Electric Utility Division Manager Public Works Director/City Engineer

Concurred By:

Michael Lloyd, P.E.

Assistant City Manager (Development)

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

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

1. Resolution 2023-XX LCFS 06202023

APPROVALS

Budget Officer Approval ✓ Approved . 6/12/23 7:51 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/13/23 8:55 AM A.25
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1 Resolution No. 2023-XX Date
Adopted: June 20, 2023

Attachment 1

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, DIRECTING MORENO

VALLEY UTILITY TO USE THE CREDIT REVENUE FROM

THE LOW CARBON FUEL STANDARD SOLELY TO

REDUCE GREENHOUSE GAS EMISSIONS

WHEREAS, the California Air Resources Board (“ARB”) implemented the California Low Carbon Fuel Standard (LCFS) in which an Credit is a limited tradable commodity representing the offset of one metric ton of carbon; and

WHEREAS, Moreno Valley Electric Utility ("MVU") is an Electric Distribution Utility as defined in ARB’s regulations, and receives Credits related to the amount of carbon it’s alternative fueling systems help to offset as determined by the ARB’s LCFS reporting system; and

WHEREAS, MVU would like to monetize the credits it has received from the administration of its alternative fueling system through the open solicitation of bids; and

WHEREAS, MVU shall receive the revenue when its Credits are sold through competitive bidding; and

WHEREAS, subject to any limitations imposed by the City Council, MVU is required to use the Credit revenue solely to support projects and programs that help to reduce greenhouse gas emissions and improve local air quality consistent with the Greenhouse Gas Reduction Fund Act; and

WHEREAS, the Electric Utility Division Manager is authorized to do all things necessary and proper for operating MVU.

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

Section 1. MVU shall establish an LCFS Credit Account for the purpose of holding tracking, and disbursing all revenues received by MVU from the sale of its Credits in the Low Carbon Fuel Standard market.

Section 2. The Electric Utility Division Manager, or her/his designee, is directed to use the Credit revenue to implement programs and perform projects that help reduce greenhouse gas emissions and benefit MVU’s retail electricity customers such as electric vehicle incentives and rebates.

Section 3. The City Clerk shall certify to the adoption of this Resolution.

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Attachment: Resolution 2023-XX LCFS 06202023 (6231 : APPROVE RESOLUTION DIRECTING USE OF LCFS FUNDS) 2 Resolution No. 2023-XX Date
Adopted: June 20, 2023

Attachment 1

Section 4. This Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 20th day of June, 2023.

Mayor of the City of Moreno Valley

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
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Attachment: Resolution 2023-XX LCFS 06202023 (6231 : APPROVE RESOLUTION DIRECTING USE OF LCFS FUNDS) 3 Resolution No. 2023-XX
Date Adopted: June 20, 2023

Attachment 1

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. 20 23-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 20th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK

(SEAL)
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Attachment: Resolution 2023-XX LCFS 06202023 (6231 : APPROVE RESOLUTION DIRECTING USE OF LCFS FUNDS)

Report to City Council

ID#6191 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: June 20, 2023

TITLE: ACCEPT CALTRANS HIGHWAY SAFETY IMPROVEMENT

PROGRAM (HSIP) GRANT FOR FOUR PROJECTS

RECOMMENDED ACTION
Recommendations:

1. Accept and approve the Program Supplement Agreements between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the project of Traffic Signal Upgrades in the amount of $982,710 (Fund 2301) with a city local match of $109,190 (Fund 2000); and

2. Accept and approve the Program Supplement Agreements between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the project of Iris Avenue Corridor Safety Improvements in the amount of $449,370 (Fund 2301) with a city local match of $49,930 (Fund 2000); and

3. Accept and approve the Program Supplement Agreements between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the project of Perris Boulevard Signalized Intersection Safety Improvements in the amount of $648,900 (Fund 2301) with a city local match of $72,100 (Fund 2000); and

4. Accept and approve the Program Supplement Agreements between California Department of Transportation (Cal trans) and the City of Moreno Valley (City) for the project of Overnight Intersection Visibility Systemic Safety Improvements in the amount of $1,294,830 (Fund 2301) with a city local match of $143,870 (Fund 2000); and

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5. Authorize the Public Works Dire ctor/City Engineer to execute the Program Supplement Agreements and any subsequent amendments, subject to the approval of the City Attorney; and

6. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report.

SUMMARY

This re port recommends accepting the Cycle 11 Local Highway Safety Improvement Program (HSIP) grant funding and authorize the Public Works Director/City Engineer to execute the Program Supplement Agreements with Caltrans. Acceptance of grant funding is for $3,375,810 (90%) with a City local match requirement of $375,090 (10%).

The total project cost is $3,750,900.

DISCUSSION

The Infrastructure Investment and Jobs Act (IIJA), aka Bipartisan Infrastructure Law (BIL), was signed into law by President Biden on Novem ber 15, 2021. Under IIJA, the Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C §148), is a core federal -aid program to States for the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads. The Caltrans Division of Local Assistance (DLA) manages California's local agency share of HSIP funds. California's Local HSIP focuses on infrastructure projects with nationally recognized crash reduction factors (CRF s). Local HSIP projects must be identified on the basis of crash experience, crash potential, crash rate, or other data - supported means.

The City submitted HSIP applications for projects identified in the recently completed Local Roadway Safety Plan (LRSP ) that was grant funded by Caltrans. On March 13, 2023, Caltrans awarded 90% of the total project cost, $3,375,810. The City’s 10% local match requirement is $375,090 of State Gas Tax Funds (Fund 2000). The total project cost of $3,750,900, is for the foll owing four (4) traffic signal and safety projects to the City of Moreno Valley.

• Traffic Signal Upgrade ($1,091,900)
• Iris Avenue Corridor Safety Improvements ($499,300)
• Perris Boulevard Signalized Intersection Safety Improvements ($721,000) • Overnight Intersection Visibility Systemic Safety Improvements ($1,438,700)

The projects will improve traffic signal hardware and other traffic control devices , including lenses, back-plates with retro reflective borders, and mounting.

The Program Supplement Agreements (PSA) provided at this time fund the first phase of each project which is design and environmental clearance. Subsequent project A.26
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phases will be funded through PSA Amendments.

ALTERNATIVES

1. Approve and authorize the recommendations as presented in this r eport. This alternative will allow the projects to move forward in a timely manner and enable the City to receive reimbursement from Caltrans.

2. Do not approve the recommended actions as presented in this staff report. This alternative will prohibit the C ity from receiving the HSIP grant funds from Caltrans.

FISCAL IMPACT

The project is funded by the Cycle 11 Local HSIP grant. The total project cost will be $3,750,900 wherein grant funding will be $3,375,810 and City match will be $375,090.

The total gr ant amount, $3,375,810, will be allocated to Fund 2301 (Capital Projects Reimbursement) among four (4) traffic signal and safety projects. Additionally, the city’s 10 percent local match obligation, $375,090, will be funded with Fund 2000 (State Gas Tax). There is no impact to the General Fund.

Category Fund GL Account No. Type Original Budget Proposed Adjustments Revised Budget
CIP Capital Projects Grants
(2301)
2301-99-99-92301-486010
Project No. 808 0035-2301-98 Rev $0 $982,710 $982,710
CIP Capital Pr ojects Grants
(2301)
2301-70-76-80008-720199
Project No. 808 0035-2301-99 Exp $0 $982,710 $982,710
CIP State Gas Tax (2000) 2000-70-76-80008-720199
Project No. 808 0035-2000-99 Exp $0 $109,190 $109,190
CIP Capital Projects Grants
(2301)
2301-99-99-92301-486010
Project No. 808 0036-2301-98 Rev $0 $449,370 $449,370
CIP Capital Projects Grants
(2301)
2301-70-76-80008-720199
Project No. 808 0036-2301-99 Exp $0 $449,370 $449,370
CIP State Gas Tax (2000) 2000-70-76-80008-720199
Project No. 808 0036-2000-99 Exp $0 $49,930 $49,930
CIP Capital Projects Grants
(2301)
2301-99-99-92301-486010
Project No. 808 0037-2301-98 Rev $0 $648,900 $648,900
CIP Capital Projects Grants
(2301)
2301-70-76-80008-720199
Project No. 808 0037-2301-99 Exp $0 $648,900 $648,900
CIP State Gas Tax (2000) 2000-70-76-80008-720199
Project No. 808 0037-2000-99 Exp $0 $72,100 $72,100
CIP Capital Projects Grants
(2301)
2301-99-99-92301-486010
Project No. 808 0038-2301-98 Rev $0 $1,294,830 $1,294,830 CIP Capital Projects Grants
(2301)
2301-70-76-80008-720199
Project No. 808 0038-2301-99 Exp $0 $1,294,830 $1,294,830 CIP State Gas Tax (2000) 2000-70-76-80008-720199
Project No. 808 0038-2000-99 Exp $0 $143,870 $143,870

NOTIFICATION

Publication of agenda

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PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Wei Sun, T.E., PTOE Melissa Walker, P.E
City Traffic Engineer Public Works Director/City Engineer

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. HSIP Cycle 11 Moreno Valley - signed

2. 08-5441S21 City of Moreno Valley

3. 5441078 PSA to Agency (003)

4. 5441079 PSA to Agency (002)

5. 5441080 PSA to Agency

6. 5441081 PSA

APPROVALS

Budget Officer Approval ✓ Approved . 6/12/23 12:21 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 12:30 PM A.26
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“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” STATE OF CALIFORNIA- - - - - - - CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor DEPARTMENT OF TRANSPORTATIONDIVISION OF LOCAL ASSISTANCEP.O. BOX 942874, MS-1 SACRAMENTO, CA 94274-0001 PHONE (916) 654-1776 FAX (916) 653-1905 TTY 711 www.dot.ca.gov Making Conservation a California Way of Life.March 9, 2023 Michael Lloyd City of Moreno Valley 14177 Frederick Street Moreno Valley, CA 92553 Dear Michael Lloyd: Congratulations! Your HSIP application has been selected for funding: Application IDLocationDescription of Work Project CostHSIP Funds (State)08-Moreno Valley-1 50 intersections throughout the city. Improve signal hardware including: lenses, back-plates with retro reflective borders, mounting, size and number. $1,091,900.00 $ 982,710.00 08-Moreno Valley-2 3-mile corridor along Iris Avenue, between the Iris Avenue/Heacock Street intersection to the west and the Iris Avenue/Nason Street intersection to the east. Implement safety improvements including: retroreflective backplates, advanced stop bar and high-visibility crosswalk striping, leading pedestrian intervals, advanced warning signs, object markers, and edge-lines. $ 499,300.00 $ 449,370.00 08-Moreno Valley-3 16 signalized intersections on Perris Boulevard. Signalized intersection improvements including retroreflective backplates, LPIs and advanced stop bars with upgraded crosswalk markings. $ 721,000.00 $ 648,900.00 08-Moreno Valley-5 15 signalized intersections on high speed roads. Intersection visibility improvements including additional intersection lighting, advance stop bars and high-visibility striping, and retroreflective backplates. $1,438,700.00 $1,294,830.00 A.26.a
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Attachment: HSIP Cycle 11 Moreno Valley - signed [Revision 1] (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) Michael LloydMarch 9, 2023 Page 2
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” The complete list of funded projects in HSIP Cycle 11 Call for Projects is available online at https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway-safety-improvement-program/approved-project-lists. The agency’s first step is to contact the appropriate District Local Assistance Engineer (DLAE) who can assist with the funding allocation process and other project management requirements. The DLAE contact information is available at https://dot.ca.gov/programs/local-assistance/other-important-issues/local-assistance-contacts. To help in the success of your project, here are some important items to note: 1. State funds will be used for many HSIP Cycle 11 projects; the projects that fit into the High-Risk Rural Road (HR3) will be federalized to meet the FHWA’s Special Rule for the High-Risk Rural Roads; the projects that implement mainly Pedestrian/Bike safety countermeasures may be federalized for satisfying the FHWA’s Special Rule for Vulnerable Road Users (VRU). 2. The HSIP is a reimbursement program. Reimbursable work cannot commence on your project until you receive an allocation (for state funds) or an authorization for (federal funds) from Caltrans Division of Local Assistance (DLA) for this project. 3. For state funded HSIP projects, please note: a. the funding allocation process for HSIP projects with state HSIP Funding is different from projects in other programs such as ATP/STIP and SB1. The funding allocation for HSIP projects is processed through Caltrans DLA, not the CTC. b. The funding allocation request is Phase specific, i.e., Preliminary Engineering (PE), Right of Way (ROW) or Construction (CON). For more guidance on implementing State-funded HSIP projects, please visit https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway-safety-improvement-program/state-funded-hsip. 4. For federally funded HSIP projects, please follow the project authorization process in Chapter 3 of the Local Assistance Procedures Manual (LAPM). 5. The delivery of the HSIP Cycle 11 projects must meet the below milestones: a. The PE phase (if applicable) must be allocated by 12/31/2023. b. The Construction (CON) phase must be allocated by 3/31/2026 (6 months may be added for projects with consultant for PE). c. The project must be completed and closed out by 3/31/2028 (6 months may be added for projects with consultant for PE). HSIP project delivery requests and status of the projects are available at https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway-safety-improvement-program/delivery-requirements-status-approved-projects. 6. It is the agency’s responsibility to review their project scope throughout the project delivery process and confirm that HSIP funding is used to fund the approved eligible scope as A.26.a
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Attachment: HSIP Cycle 11 Moreno Valley - signed [Revision 1] (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) Michael LloydMarch 9, 2023 Page 3
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” defined in your HSIP application. In case that any scope or cost change is needed, please contact your DLAE. 7. Prior to engaging in any Architectural and Engineering (A&E) contract procurement(s), agencies should reference Chapter 10 (Consultant Selection) of the Local Assistance Procedures Manual (LAPM), located at: https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm. If you have any questions about your project, please contact your DLAE. Sincerely, Alberto Vergel De DiosDistrict Local Assistance Engineer A.26.a
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Attachment: HSIP Cycle 11 Moreno Valley - signed [Revision 1] (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) 14th
February
22 A.26.b
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Attachment: 08-5441S21 City of Moreno Valley (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) Senior Transportation Engineer
for
02/14/2022
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Attachment: 08-5441S21 City of Moreno Valley (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) 00000A154
FOR STATE FUNDED PROJECTS NO 08-5441S21
0823000102
May 22, 2023
08-RIV-0-MORV
HSIPSL-5441(078)
5441
This Program Supplement, effective 5/1/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5441S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 02/14/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. 50 Citywide Intersections
Upgrade Signals 0.0(MILES)
State FundsEstimated Cost Matching Funds

CITY OF MORENO VALLEY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$50,000.00 $5,000.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$45,000.00
STATE $45,000.00
1 Page of 3Program Supplement 08--544-A154- SERIAL
5/22/2023
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Attachment: 5441078 PSA to Agency (003) (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPSL-5441(078)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 08--544-A154- SERIAL
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Packet Pg. 950
Attachment: 5441078 PSA to Agency (003) (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPSL-5441(078)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--544-A154- SERIAL
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Packet Pg. 951
Attachment: 5441078 PSA to Agency (003) (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) 00000A155
FOR STATE FUNDED PROJECTS NO 08-5441S21
0823000103
May 23, 2023
08-RIV-0-MORV
HSIPSL-5441(079)
5441
This Program Supplement, effective 5/1/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5441S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 02/14/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. 3-mile corridor along Iris Avenue in the City of Moreno Valley Pavement Markings 0.0(MILES)
State FundsEstimated Cost Matching Funds

CITY OF MORENO VALLEY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$75,000.00 $7,500.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$67,500.00
STATE $67,500.00
1 Page of 3Program Supplement 08--544-A155- SERIAL
5/23/2023
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Packet Pg. 952
Attachment: 5441079 PSA to Agency (002) (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPSL-5441(079)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 08--544-A155- SERIAL
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Packet Pg. 953
Attachment: 5441079 PSA to Agency (002) (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPSL-5441(079)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--544-A155- SERIAL
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Packet Pg. 954
Attachment: 5441079 PSA to Agency (002) (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) 00000A157
FOR STATE FUNDED PROJECTS NO 08-5441S21
0823000112
May 23, 2023
08-RIV-0-MORV
HSIPS-5441(080)
5441
This Program Supplement, effective 5/1/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5441S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 02/14/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. 16 signalized intersections on Perris Boulevard in the City of Moreno Valley.

Pavement Markings 0.0(MILES)
State FundsEstimated Cost Matching Funds

CITY OF MORENO VALLEY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$60,000.00 $6,000.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$54,000.00
STATE $54,000.00
1 Page of 3Program Supplement 08--544-A157- SERIAL
5/23/2023
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Packet Pg. 955
Attachment: 5441080 PSA to Agency (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPS-5441(080)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 08--544-A157- SERIAL
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Packet Pg. 956
Attachment: 5441080 PSA to Agency (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPS-5441(080)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--544-A157- SERIAL
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Attachment: 5441080 PSA to Agency (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS) 00000A156
FOR STATE FUNDED PROJECTS NO 08-5441S21
0823000113
June 01, 2023
08-RIV-0-MORV
HSIPSL-5441(081)
5441
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5441S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 02/14/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. 15 signalized intersections on high speed roads with overnight collision trends.

Street Lighting 0.0(MILES)
State FundsEstimated Cost Matching Funds

CITY OF MORENO VALLEY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$150,000.00 $15,000.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$135,000.00
STATE $135,000.00
1 Page of 3Program Supplement 08--544-A156- SERIAL
06/01/2023
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Packet Pg. 958
Attachment: 5441081 PSA (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPSL-5441(081)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 08--544-A156- SERIAL
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Packet Pg. 959
Attachment: 5441081 PSA (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MORV
HSIPSL-5441(081)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--544-A156- SERIAL
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Attachment: 5441081 PSA (6191 : ACCEPT CALTRANS HSIP GRANT FOR FOUR PROJECTS)

Report to City Council

ID#6164 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: June 20, 2023

TITLE: ACCEPT SAFE STREETS AND ROADS FOR ALL (SS4A)
GRANT FROM U.S. DEPARTMENT OF

TRANSPORTATION FEDERAL HIGHWAY

ADMINISTRATION

RECOMMENDED ACTION
Recommendations:

1. Accept and approve the Safe Street for All (SS4A) Grant Agreement between the Federal Highway Administration (FHWA) and the City of Moreno Valley (City) in the amount of $ 435,600 (Fund 2301) with a city local match of $108,900 (Fund 2000); and

2. Authorize the Public Works Director/City Engineer to execute the attached Grant Agreement under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program (SS4A) , subject to any minor changes initi ated by U.S.

Department of Transportation and the approval of the City Attorney; and

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

4. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report.

SUMMARY

This report recommends approval of the agreement with the Federal Highway Administration (FHWA) to accept the Safe Streets and Roads for All grant funds in the amount of $435,600 (80%) with a City local match requirement of $108,900 (20%). The total project cost is $544,500.

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DISCUSSION

The Bipartisan Infrastructure Law (BIL) established the new Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated fund s over the next 5 years. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries.

The SS4A program supports Secretary of Transportation Pete Buttigieg’s National Roadway Safety Strategy and the Department’s goal of zero deaths and serious injuries on our nation’s roadways.

On February 1, 2023, U.S. Transportation Secretary Pete Buttigieg announced $800 million in grant awards for 510 projects through the first round of funding for the S S4A grant program. The City of Moreno Valley was awarded a grant in the amount of $435,600, 80% of the total project cost, $544,500. The City’s 20% local match requirement is $108,900 of State Gas Tax Funds (Fund 2000).

The City of Moreno Valley grant fu nds will enhance the current Local Roadway Safety Plan (LRSP)/Traffic Safety Action Plan. The original effort did not focus on unique elements within the City. This additional analysis will focus on special safety concerns.

The major additional module desi red for the LRSP/Traffic Safety Action Plan is a traffic calming analysis focusing on two major areas: roundabouts and split traffic humps.

Roundabouts were not included in the original Local Road Safety Plan. The City will evaluate roundabouts for use as a safe traffic calming device. Additionally, the LRSP did not look at split speed humps. The City currently uses speed humps to reduce speeding in various residential areas. Our Police Department has requested we look into a split hump design to make the h umps safer for police cars and motorcycle officers. The LRSP will be updated to factor in the use of roundabouts and split speed humps safely within the City. The second element of this grant is a traffic safety analysis to investigate truck traffic impact s on safety with potential remediation solutions. The City has a high volume of trucks and is expecting an increase in truck traffic due to additional development. There might be a need to adjust truck routes as well as add special truck -oriented safety el ements throughout the City. The last element being added to the LRSP/Traffic Safety Plan is a focused look at the burro situation in the northern portion of the City. In the City of Moreno Valley, north of the State Route 60, there is a substantial burro p opulation. Burros cross and walk on major arterial streets on a regular basis which has caused accidents. This project will explore the means to prevent burro accidents by installing effective traffic control measures.

ALTERNATIVES

1. Approve and authorize the recommendations as presented in this report . This alternative will allow the Moreno Valley Roadway Safety Improvements in Three A.27
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Areas project to move forward in a timely manner and enable the City to receive reimbursement from U.S. Department of Transportation FHWA.

2. Do not approve the recommended actions as presented in this staff report. This alternative will prohibit the City from receiving the SS4A grant funds from U.S.

Department of Transportation FHWA.

FISCAL IMPACT

The project is funded by t he SS4A Grant Program . The total project cost will be $544,500 wherein grant funding will be $435,600 and City match will be $108,900. The grant award , $ 435,600, will be allocated to Fund 2301 (Capital Projects Reimbursement). The city’s 20 percent local match obligation, $108,900, will be funded with Fund 2000 (State Gas Tax). There is no impact to the General Fund.

Category Fund GL Account No. Type Original Budget Proposed Adjustments Revised Budget CIP Capital Projects Grants
(2301)
2301-99-99-92301-482020
Project No. 810 0022-2301-98 Rev $0 $435,600 $435,600
CIP Capital Projects Grants
(2301)
2301-70-76-80010-720199
Project No. 810 0022-2301-99 Exp $0 $435,600 $435,600
CIP State Gas Tax (2000) 2000-70-76-80010-720199
Project No. 810 0022-2000-99 Exp $0 $108,900 $108,900

NOTIFICATION

Publication of agenda

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Wei Sun, T.E., PTOE Melissa Walker, P.E
City Traffic Engineer Public Works Director/City Engineer

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. 693JJ32340127 SS4A agreement

2. SS4A Grant Award FY2022-2023

APPROVALS

Budget Officer Approval ✓ Approved . 6/12/23 11:06 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 11:10 AM A.27
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1 of 13

1. Award No.
693JJ32340127

2. Effective Date
See No. 17 Below

3. Assistance
Listings No.

20.939

4. Award To
City of Moreno Valley
14177 Frederick ST
Moreno Valley, California 92553

Unique Entity Id.: LJ4AVJ6C8NW5
TIN No.: 33-0076484

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
Effective Date of Award through
January 31, 2023

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:

$435,600.00
$0
$0
$108,900.00
$544,500.00

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)

10. Procurement Request No.

HSSP230238PR

11. Federal Funds Obligated
$435,600.00

12. Submit Payment Requests To
See article 20.

13. Payment Office
See article 20.

14. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.41010.61006600

15. Description of Project
Addendum to Local Roadway Safety Plan (LRSP) moving it to a full action plan including a module focused on traffic calming measures, burro safety analysis and truck safety analysis.

RECIPIENT

16. Signature of Person Authorized to Sign

___________________________________
Signature Date Name: Melissa Walker
Title: Public Works Director/City Engineer

FEDERAL HIGHWAY ADMINISTRATION

17. Signature of Agreement Officer

______________________________________
Signature Date Name: Ryan Mavis
Title: Agreement Officer
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Attachment: 693JJ32340127 SS4A agreement (6164 : ACCEPT SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT FROM U.S. DEPARTMENT 2 of 13
U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM

This agreement is between Federal Highway Administration (the “FHWA”) and the City of Moreno Valley (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Moreno Valley Roadway Safety Improvements in Three Areas.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,” dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.

Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

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ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: Moreno Valley Roadway Safety Improvements in Three Areas Application Date: 09/14/2022

2.2 Award Amount.

SS4A Grant Amount: $435,600.00

2.3 Award Dates.

Period of Performance End Date: See Section 6 on page 1

2.4 Budget Period
Budget Period End Date: See Section 6 on page 1

2.5 Action Plan Grant or Implementation Grant Designation.

Designation: Action Plan

2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1.

ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

Addendum to LRSP moving it to a full action plan including a module focused on traffic calming measures, burro safety analysis and truck safety analysis.

3.2 Project’s Estimated Schedule.

ACTION PLAN SCHEDULE

Milestone Schedule Date
Planned Draft Action Plan Completion Date: 05/2024
Planned Action Plan Completion Date: 05/2024
Planned Action Plan Adoption Date: 08/2024
Planned SS4A Final Report Date: 10/2024
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3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $435,600.00
Other Federal Funds:: $0.00
State Funds: $0.00
Local Funds: $108,900.00
In-Kind Match: $0.00
Other Funds: $0.00
Total Eligible Project Cost: $544,500.00

(b) Supplemental Estimated Budget

Cost Element Federal Share Non-Federal Share Total Budget Amount
Direct Labor $0.00 $54,450.00 $54,450.00
Fringe Benefits $0.00 $0.00 $0.00
Travel $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00
Contractual/Consultant $435,600.00 $54,450.00 $490,050.00 Other $0.00 $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
Total Budget $435,600.00 $108,900.00 $544,500.00
ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient’s Unique Entity Identifier.

LJ4AVJ6C8NW5

4.2 Recipient Contact(s).

Wei Sun
City Traffic Engineer
City of Moreno Valley
14177 Frederick Street, Moreno Valley, CA 92553
(951) 413-3100
[email protected]
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4.3 Recipient Key Personnel.

Name Title or Position
Wei Sun City Traffic Engineer
Guadalupe Cortes Associate Engineer
Natalia Lopez Senior Management Analyst

4.4 USDOT Project Contact(s).

Darren Thacker
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
(202) 366-6409
[email protected]

and

Ashley Cucchiarelli
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33
12300 W Dakota Ave
Lakewood, CO 80228
(720) 963-3589
[email protected]

and

Vince Mammano
Agreement Officer’s Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]

and
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Mike Shami
California Division Office Point of Contact
Operations and Safety Engineer
650 Capitol Mall, Suite 4-100, Sacramento, CA 95814
(916) 498-5853
[email protected]

ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and c ontractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

Note: This clause is only applicable to Action Plan Grants.

Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub - recipient. Consent to enter into subawards or contracts will be issued through writte n notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO.

This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment)
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5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost sh are incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer’s Representative (the “AOR”) reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
(e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html ) or by contacting the
AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
Washington DC 20590-0001
or
[email protected]
.

If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to:

DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn: Agreement Specialist
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(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section wherever the date it is in this agreement.

6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.

6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws,
including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.4 There are no other special grant requirements for this award.

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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: [Citywide]

Baseline Measurement Date: [10/01/2023]

Baseline Report Date: [12/01/2023]
Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Equity
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
End of period of
performance
Costs
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
End of period of
performance
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects of strategies to prevent death and
serious injury on roads and streets.

End of period of
performance
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ATTACHMENT B

CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See section 10.1.

Scope: N/A There have been no changes to the Scope as described in the application

Schedule: N/A There have been no changes to the Schedule as described in the application

Budget: N/A There have been no changes to the Budget as described in the application

The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs

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ATTACHMENT C

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
X
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.)

The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) X
The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

The City of Moreno Valley follows the California Law for all typ es of work it engages in. When it comes to equity focused policies, related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall project delivery and implementation of the Project, California Law is followed. The following are specific co des in the California Law that the city follows: Title 2 , Chapter 5 Miscellaneous [8000-8318]. These A.27.a
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sections state that racial discrimination is not permitted. Furthermore, “As subrecipients of United States Department of Transportation (USDOT) funding, Local Public Agencies (LPAs) are required to comply with and enforce certain nondiscrimination requirements in the award and administration of USDOT assisted contracts and procurements. Additionally, when the city advertises the project on PlanetBids or other bidding websites, for other grant entities , DBE (Disadvantaged Business Enterprise) consideration is required on all federal -aid contracts including non-A&E for consultant selection. There are a series of protocols that are followed to ensure DBEs are considered. Spe cific Exhibits must be filled out by the City of Moreno Valley and DBE goals met . These exhibits must be filled out and filed away in the project folder in the event of an audit. Both the auditing agency and the City of Mor eno Valley take these audits very seriously, so the city makes sure that all steps for consultant and contractor selection are properly followed. Lastly, for projects that are federally funded, DBEs a re encouraged to participate in consideration with 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs" ). The Consultant must ensure that DBEs and other small businesses can participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The city must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Forms must be filled out and attached to the agreement to ensure specific protocols were met. Lastly, when it comes to project scope selection, the city always takes first into consideration city disadvantaged community areas (DACs) and areas within the city that need safety improvements due to high collision rates. The reason that the city first selects thes e areas is because the city knows that oftentimes community members in these areas do not always have access to motorized vehicular travel and the infrastructure is not always the safest nor the most complete due to the lack of funding. The city looks at various DAC tools such as CalEnvironmental4.0, SB535 Disadvantaged Communities, and Healthy Places Index (HPI), amongst others to ensure that the targeted project locations and projects scopes of work will especially benefit the more disadvantaged community tracts within the community.

Additionally, this project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved comm unities. This is true because the second module in this project, involves a traffic safety analysis which will investigate truck traffic incidences and will provide potential remediation solutions. This is extremely important especially because the city knows that there will be future warehouse developments within the city. The increase in warehouse developments mean that there will be consequently an in the number of semi-trucks and trailers traveling through the streets of the City of Moreno Valley More warehouses and semi -trucks means that there are more job opportunities for the residents .

At the same time, there is a potential for an increase in the number of semi- truck collisions.

However, the City of Moreno Valley hopes that by conducting a safety analysis, major causes of truck accidents will be investigated. By properly addressing remediation solutions, or better yet by providing preventive measures, collisions involving semi-trucks can be greatly reduced. Statistics depict that in 2021, 5,700 large trucks were involved in a fatal crashes. Fewer semi-truck collisions bring nothing but positive results to an environment which include : less deaths, less backed up traffic, more happy drivers, etc. Freight access will be improved because of this proposed project.

Warehouses will be significantly developed especially in the Northeastern part of the city where the proposed World Logistics Center (WLC) will be developed. In accordance to the SB 535 Map, the location where the WLC will be falls under the SB 535 Disadvantaged Areas. With increased A.27.a
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warehouse developments, it means that more freight will also be going to these disadvantaged community areas. By improving the safety of the truck transportation network, new and safe jobs for trucking companies and owner operators will be created as well as for the individuals that will work in the warehouses . Both the truck drivers and the future warehouse employees that live in the surrounding Disadvantaged Community Areas (DACs) will benefit as a result from this module in the grant application. Lastly, there will be an increase of access to goods and services for those in underserved communities; this is true because most of the City of Moreno Valley fall s under one category of DAC. If the safety of truck travel is increased via this proposed project module, community members will largely benefit with increased access to both goods and jobs.

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Attachment: 693JJ32340127 SS4A agreement (6164 : ACCEPT SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT FROM U.S. DEPARTMENT From: Teicher, Paul (OST)
To: Wei Sun, T.E., PTOE
Subject: SS4A Grant Award
Date: Tuesday, January 31, 2023 1:26:24 PM
Warning: External Email – Watch for Email Red Flags!
To Whom It May Concern from the City of Moreno Valley,

The City of Moreno Valley Action Plan, for the Notice of Funding Opportunity (NOFO) FY22 Safe Streets and Roads for All Action Plan, was selected for award. Congratulations! The selection is for $435600 in Federal funding.

This email is not authorization to begin work, and it does not guarantee Federal funding. USDOT and City of Moreno Valley must establish and execute a signed, mutually agreed upon grant agreement prior to the disbursement of award funds. No costs incurred before USDOT signs and executes the grant agreement will be reimbursed. Below provides information on next steps.

Immediate next steps: USDOT will make public announcements related to the awards on Wednesday, February 1. We will also publish a short summary of the proposal from your application to put on our Safe Streets and Roads for All website as part of the public announcement, pursuant to Section H Part 2 of the Notice of Funding Opportunity (NOFO). If you want to modify what is provided on our website once you see it, please let me know by emailing [email protected] . The
website link is https://www.transportation.gov/grants/SS4A.

What to expect in the next few weeks: My colleagues at the Federal Highway Administration (FHWA) are responsible for establishing and executing a SS4A grant agreement with City of Moreno Valley. You can expect to hear from a FHWA representative with your State’s FHWA Division Office in the near future. In the weeks ahead you will receive more information about next steps, including an invitation to an upcoming FHWA-sponsored webinar for grant recipients to describe the process leading to an executed grant agreement. The webinar will be recorded for those who are unable to attend. In the meantime, if you have questions about next steps, please direct them to FHWA using the email [email protected]
.

Finally, we ask for your patience as we work diligently toward executing grant agreements so your important safety work may begin. This is a new program, with hundreds of new grant recipients, and it will take us time to process these grant agreements.

It’s exciting to see so many communities on the path to improving roadway safety, and the whole SS4A Program team is passionate about helping you succeed. Thank you for your commitment to roadway safety.

Paul
Paul D. Teicher
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Office of Policy Development and Coordination
Office of the Secretary of Transportation

Summary of Award Information:

Project Name: City of Moreno Valley Action Plan
Applicant: City of Moreno Valley
Grant Type: Action Plan
SS4A Grant Funding Amount: $435600
Estimated Total Project Costs: $544500
Project Description: The award will be used by the City of Moreno Valley to develop a comprehensive safety action plan.

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Report to City Council

ID#6318 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: June 20, 2023

TITLE: APPROVE RESOLUTION NO. 2023 -XX OF THE CITY

COUNCIL OF THE CITY OF MORENO VALLEY,

CALIFORNIA, AUTHORIZING THE JOINT APPLICATION

WITH INFLECTION POINT DESIGN AND DEVELOPMENT

GROUP, LLC TO AND PARTICIPATION IN THE HOMEKEY

PROGRAM

RECOMMENDED ACTION
Recommendations:

1. Approve Resolution No. 2023-XX of the City Council of the City of Moreno Valley, California, authorizing the joint application with Inflection Point Design and Development Group, LLC to and participation in the Homekey program.

2. Authorize the Assistant City Manager/Chief Financial Officer to execute the Application, MOU and any Homekey Documents on behalf of the City of Moreno Valley, for participation in the Homekey Program.

SUMMARY

This report recommends approval of Resolution No. 2023 -xx of the City Council of the City of Moreno Valley, California, authorizing the application to and participation in the Homekey program and authorize the Assistant City Manager/Chief Financial Officer to execute the application, MOU and any Homekey documents on behalf of the City of Moreno Valley, for participation in the Homekey Program.

DISCUSSION

On March 29, 2023, the California Department of Housing and Community Development announced the availability of $736 million in Homekey funding to sustain and rapidly expand the inventory of housing for people experiencing homelessness or at A.28
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risk of homelessness and who are, thereby, inherently impacted by or at increased risk for medical diseases or conditions due to the COVID -19 pandemic or other communicable diseases.

In an effort to find a project that meets the specific requirements outlined by HCD, staff issued a Request for Proposals (RFP) on May 22, 20 23, closing June 5, 2022, requesting information outlining potential projects that meet the needed criteria. Two proposals were submitted, of which one was deemed non -responsive, leaving one viable proposal from InflectionPoint Design and Development Group , LLC (InflectionPoint).

As a result of this solicitation, InflectionPoint was selected. The City and InflectionPoint will work together to develop a project scope that aligns with the Homekey Program.

HCD welcomes and will consider a variety of innovati ve housing solutions as eligible projects that meet the affordable housing goals of the program.

As part of the Homekey Program application requirements, a resolution must be approved by the local jurisdiction’s governing body authorizing submission of a grant application and designating an authorized representative to execute all application and grant documents including a Standard Agreement. For this reason, Staff is recommending approval of Resolution No. 2023 -XX, authorizing the submittal of a application for Homekey Program funding.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow for the submittal of the Homekey program application and enable the City to provide housing for people experiencing homelessness or at risk of homelessness.

2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will prohibit the submittal of the Ho mekey program application and the ability to provide housing for people experiencing homelessness or at risk of homelessness.

FISCAL IMPACT

There is no financial impact at this time.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Felicia London Brian Mohan
Purchasing & Sustainability Division Manager Assistant City Manager/ CFO/City Treasurer

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

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Resolution 2023-XX

APPROVALS

Budget Officer Approval ✓ Approved . 6/14/23 11:58 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/14/23 12:00 PM A.28
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1 Resolution No. 2023-XX
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, AUTHORIZING JOINT

APPLICATION TO AND PARTICIPATION IN THE HOME KEY

PROGRAM

WHEREAS, The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“ Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assembly Bill No. 140 (2021-2022 Reg. Sess.), § 20.): and

WHEREAS, CITY OF MORENO VALLEY (“Co-Applicant”) desires to jointly apply for Homekey grant funds with InflectionPoint Design and Development Group, LLC/SBX Youth & Family Services (“ Corporation”). Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds (“ Application”) to the Department for review and consideration.

WHEREAS, The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapte r 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NO FA, the Application, the Department - approved STD 213, Standard Agreement (“ Standard Agreement”), and all other legal requirements of the Homekey Program.

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

1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $10,000,000.

2. If the Application is ap proved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $10,000,000 any and all other documents required or deemed necessary or appropriate to secure the Homekey funds fro m the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference a nd made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable A.28.a
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Attachment: Resolution 2023-XX [Revision 1] (6318 : APPROVE RESOLUTION NO. 2023-XX OF THE CITY COUNCIL OF THE CITY OF MORENO 2 Resolution No. 2023-XX
Date Adopted: June 20, 2023

through the Standard Agreeme nt. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

4. The Assistant City Mana ger/Chief Financial Officer is authorized to execute the Application , MOU and any Homekey Documents on be half of Co-Applicant for participation in the Homekey Program.

APPROVED AND ADOPTED this 20th day of June 2023.

Mayor
ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: Resolution 2023-XX [Revision 1] (6318 : APPROVE RESOLUTION NO. 2023-XX OF THE CITY COUNCIL OF THE CITY OF MORENO 3 Resolution No. 2023-XX
Date Adopted: June 20, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City C lerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting ther eof held on the 20th day of June 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: Resolution 2023-XX [Revision 1] (6318 : APPROVE RESOLUTION NO. 2023-XX OF THE CITY COUNCIL OF THE CITY OF MORENO

Report to City Council

ID#6269 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: June 20, 2023

TITLE: PURSUANT TO LANDOWN ER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 82 -85, 92, 95 -99, AND 101 (RESO.

NOS. CSD 2023- __ TO CSD 2023-__)

RECOMMENDED ACTION
Recommendation:

1. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approv ing the amended map for said District (Amendment No. 82) (Randy Barkley, located at 11489 and 11491 Mindora Dr.).

2. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 83) ( Roger Andre Black , located at 14137 and 14139 Cypress Sands Ln.).

3. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 84) (Christopher Robert and Emma Seymore , located at 24229 and 24231 Bay Ave.).

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4. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 85) ( Christopher Robert and Emma Seymore, located at 26074 and 26076 Bay Ave.).

5. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 92) (Blanca Chin, located at 24438 Lamont Dr.).

6. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 95) (DC Rental Prop, located at 12658 Laury Ln.).

7. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 96) ( Tony Toan Ngoc Tran , located at 13210 Edgemont St).

8. Adopt Resolution No . CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 97) (Tatum/Williams Living Trust Dated 8/24/2022, Rodney C. Tatum and Monica Williams, located at 10007 Arrow Leaf).

9. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 98) (Martha Klee, located at 12089 Webb St.).

10. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 99) ( FB Crystal Cove , located on the southwest corner of Alessandro Blvd. and Lasselle St.).

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11. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 101) (Trista and Brian Koch , located at 10050 Via Pescadero).

SUMMARY

Adoption of the resolution s (Attachments 1-11) will certify the annexation of 11 parcels into Community Facilities District (CFD) No. 2021-01 ( Parks Maintenance) (“District”).

This action impacts only the property owners identified below, not the general citizens or taxpayers of the City.

DISCUSSION

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

Property Owner
Project
ACP Record #s
Amendment
No. APN(s) Location
Randy Barkley
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR22-0228 and -0229/SCP22-0120
82 256-342-007 11489 and 11491 Mindora Dr.

Roger Andre Black
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR22-0232 and -0233/SCP22-0122
83 484-060-021 14137 and 14139
Cypress Sands Ln.

Christopher Robert & Emma Seymore
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR22-0234 and -0235/SCP22-0123
84 482-371-002 24229 and 24231 Bay Ave.

Christopher Robert & Emma Seymore
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR22-0236 and -0237/SCP22-0124
85 487-494-025 26074 and 26076 Bay Ave.

Blanca Chin
Accessory Dwelling Unit (ADU)
BFR23-0006/SCP23-0005
92 482-311-021 24438 Lamont Dr.

DC Rental Prop
Accessory Dwelling Unit (ADU)
BFR23-0027/SCP23-0011
95 479-060-016 12658 Laury Ln.

Tony Toan Ngoc Tran
Accessory Dwelling Unit (ADU)
BFR22-0296/SCP23-0016
96 263-140-009 13210 Edgemont St.

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Property Owner
Project
ACP Record #s
Amendment
No. APN(s) Location
Tatum/Williams Living Trust Dated
8/24/2022, Rodney C. Tatum
and Monica Williams
Accessory Dwelling Unit (ADU)
BFR22-0112/SCP22-0060
97 260-231-016 10007 Arrow Leaf
Martha Klee
Accessory Dwelling Unit (ADU)
BFR22-0263/SCP23-0018
98 292-191-016 12089 Webb St.

FB Crystal Cove
192-Unit Apartment Complex
PEN22-0022/SCP23-0020
99 484-030-028 Southwest corner of Alessandro
Blvd. and Lasselle St.

Trista and Brian Koch
Accessory Dwelling Unit (ADU)
BFR23-0004/SCP23-0021
101 260-450-004 10050 Via Pescadero

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

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

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

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

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

The Property Owners listed above elected to annex their property into CFD No. 2021-01 and have the special tax applied to the annual property tax bill. The Office of the B.4
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Riverside County Registrar of Voters confirmed the number of registered voters residing at each property, allowing a special e lection of the landowner. Adoption of the resolutions (Attachments 1-11) amends the District and adds the property to the tax rate area identified in the Fiscal Impact section of this report . The resolutions also direct the recordation of the boundary map s (Attachments 12-22) and amended notice of special tax lien s for the amendments. The Election Official confirmed the Property Owner s unanimously approved the annexation of their property into the District (Attachments 23- 33).

ALTERNATIVES

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

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

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

FISCAL IMPACT

Revenue received from the special tax is rest ricted 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 nu mber of registered voters) have previously provided approval. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all of the properties within the affected tax rate area. The maximum special tax rates are detailed below.

Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
Randy Barkley
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR22-0228 and -0229/SCP22-0120
82 Single Family $308.39/unit
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Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
Roger Andre Black
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR22-0232 and -0233/SCP22-0122
83 Single Family $308.39/unit

Christopher Robert & Emma Seymore
Accessory Dwelling Unit (ADU) & Jr. ADU
BFC22-0234 and -0235/SCP22-0123

84 Single Family $308.39/unit
Christopher Robert & Emma Seymore
Accessory Dwelling Unit (ADU) & ADU
BFC22-0236 and -0237/SCP22-0124
85 Single Family $308.39/unit
Blanca Chin
Accessory Dwelling Unit (ADU)
BFR23-0006/SCP23-0005
92 Single Family $308.39/unit

DC Rental Prop
Accessory Dwelling Unit (ADU)
BFR23-0027/SCP23-0011

95 Single Family $308.39/unit
Tony Toan Ngoc Tran
Accessory Dwelling Unit (ADU)
BFR22-0296/SCP23-0016
96 Single Family $308.39/unit

Tatum/Williams Living Trust Dated 8/24/2022,
Rodney C. Tatum and Monica Williams
Accessory Dwelling Unit (ADU)
BFR22-0112/SCP22-0060

97 Single Family $308.39/unit

Martha Klee
Accessory Dwelling Unit (ADU)
BFR22-0263/SCP23-0018

98 Single Family $308.39/unit
FB Crystal Cove
192-Unit Apartment Complex
PEN22-0022/SCP23-0020
99 Multi Family $308.39/unit
Trista and Brian Koch
Accessory Dwelling Unit (ADU)
BFR23-0004/SCP23-0021
101 Single Family $308.39/unit

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

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

NOTIFICATION

The Landowner Petitions were emailed to the Property Owner s on May 17th, 19th, and 31st, 2023.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager

Concurred by:

Jeremy Bubnick
Parks & Community Services Director

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastr ucture 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.

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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. 82

2. Resolution Ordering Annexation - Amendment No. 83

3. Resolution Ordering Annexation - Amendment No. 84

4. Resolution Ordering Annexation - Amendment No. 85

5. Resolution Ordering Annexation - Amendment No. 92

6. Resolution Ordering Annexation - Amendment No. 95

7. Resolution Ordering Annexation - Amendment No. 96

8. Resolution Ordering Annexation - Amendment No. 97

9. Resolution Ordering Annexation - Amendment No. 98

10. Resolution Ordering Annexation - Amendment No. 99

11. Resolution Ordering Annexation - Amendment No. 101

12. Boundary Map - Amendment No. 82

13. Boundary Map - Amendment No. 83

14. Boundary Map - Amendment No. 84

15. Boundary Map - Amendment No. 85

16. Boundary Map - Amendment No. 92

17. Boundary Map - Amendment No. 95

18. Boundary Map - Amendment No. 96

19. Boundary Map - Amendment No. 97

20. Boundary Map - Amendment No. 98

21. Boundary Map - Amendment No. 99

22. Boundary Map - Amendment No. 101

23. Certificate of Election Official - Amendment No. 82

24. Certificate of Election Official - Amendment No. 83

25. Certificate of Election Official - Amendment No. 84

26. Certificate of Election Official - Amendment No. 85

27. Certificate of Election Official - Amendment No. 92

28. Certificate of Election Official - Amendment No. 95

29. Certificate of Election Official - Amendment No. 96

30. Certificate of Election Official - Amendment No. 97

31. Certificate of Election Official - Amendment No. 98

32. Certificate of Election Official - Amendment No. 99

33. Certificate of Election Official - Amendment No. 101 B.4
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APPROVALS

Budget Officer Approval ✓ Approved . 6/12/23 9:57 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 10:12 AM B.4
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1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, ha s submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 82 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

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Attachment: Resolution Ordering Annexation - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

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Attachment: Resolution Ordering Annexation - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
82 256-342-007
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Attachment: Resolution Ordering Annexation - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

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Attachment: Resolution Ordering Annexation - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 83 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.b
Packet Pg. 1003
Attachment: Resolution Ordering Annexation - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.b
Packet Pg. 1004
Attachment: Resolution Ordering Annexation - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
83 484-060-021
B.4.b
Packet Pg. 1005
Attachment: Resolution Ordering Annexation - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.b
Packet Pg. 1006
Attachment: Resolution Ordering Annexation - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, ha s submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 84 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.c
Packet Pg. 1007
Attachment: Resolution Ordering Annexation - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.c
Packet Pg. 1008
Attachment: Resolution Ordering Annexation - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.c
Packet Pg. 1009
Attachment: Resolution Ordering Annexation - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.c
Packet Pg. 1010
Attachment: Resolution Ordering Annexation - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
84 482-371-002
B.4.c
Packet Pg. 1011
Attachment: Resolution Ordering Annexation - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.c
Packet Pg. 1012
Attachment: Resolution Ordering Annexation - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 85 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.d
Packet Pg. 1013
Attachment: Resolution Ordering Annexation - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.d
Packet Pg. 1014
Attachment: Resolution Ordering Annexation - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.d
Packet Pg. 1015
Attachment: Resolution Ordering Annexation - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.d
Packet Pg. 1016
Attachment: Resolution Ordering Annexation - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
85 487-494-025

B.4.d
Packet Pg. 1017
Attachment: Resolution Ordering Annexation - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.d
Packet Pg. 1018
Attachment: Resolution Ordering Annexation - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 92 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.e
Packet Pg. 1019
Attachment: Resolution Ordering Annexation - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.e
Packet Pg. 1020
Attachment: Resolution Ordering Annexation - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.e
Packet Pg. 1021
Attachment: Resolution Ordering Annexation - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.e
Packet Pg. 1022
Attachment: Resolution Ordering Annexation - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
92 482-311-021

B.4.e
Packet Pg. 1023
Attachment: Resolution Ordering Annexation - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.e
Packet Pg. 1024
Attachment: Resolution Ordering Annexation - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 95 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.f
Packet Pg. 1025
Attachment: Resolution Ordering Annexation - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.f
Packet Pg. 1026
Attachment: Resolution Ordering Annexation - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.f
Packet Pg. 1027
Attachment: Resolution Ordering Annexation - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.f
Packet Pg. 1028
Attachment: Resolution Ordering Annexation - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
95 479-060-016

B.4.f
Packet Pg. 1029
Attachment: Resolution Ordering Annexation - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.f
Packet Pg. 1030
Attachment: Resolution Ordering Annexation - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 96 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.g
Packet Pg. 1031
Attachment: Resolution Ordering Annexation - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.g
Packet Pg. 1032
Attachment: Resolution Ordering Annexation - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.g
Packet Pg. 1033
Attachment: Resolution Ordering Annexation - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.g
Packet Pg. 1034
Attachment: Resolution Ordering Annexation - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
96 263-140-009

B.4.g
Packet Pg. 1035
Attachment: Resolution Ordering Annexation - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.g
Packet Pg. 1036
Attachment: Resolution Ordering Annexation - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 97 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.h
Packet Pg. 1037
Attachment: Resolution Ordering Annexation - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.h
Packet Pg. 1038
Attachment: Resolution Ordering Annexation - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.h
Packet Pg. 1039
Attachment: Resolution Ordering Annexation - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.h
Packet Pg. 1040
Attachment: Resolution Ordering Annexation - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
97 260-231-016

B.4.h
Packet Pg. 1041
Attachment: Resolution Ordering Annexation - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.h
Packet Pg. 1042
Attachment: Resolution Ordering Annexation - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 98 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.i
Packet Pg. 1043
Attachment: Resolution Ordering Annexation - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.i
Packet Pg. 1044
Attachment: Resolution Ordering Annexation - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.i
Packet Pg. 1045
Attachment: Resolution Ordering Annexation - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.i
Packet Pg. 1046
Attachment: Resolution Ordering Annexation - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels)

Amendment Map No. Assessor's Parcel Number
98 292-191-016

B.4.i
Packet Pg. 1047
Attachment: Resolution Ordering Annexation - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.i
Packet Pg. 1048
Attachment: Resolution Ordering Annexation - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 99 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.j
Packet Pg. 1049
Attachment: Resolution Ordering Annexation - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.j
Packet Pg. 1050
Attachment: Resolution Ordering Annexation - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.j
Packet Pg. 1051
Attachment: Resolution Ordering Annexation - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.j
Packet Pg. 1052
Attachment: Resolution Ordering Annexation - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
99 484-030-028

B.4.j
Packet Pg. 1053
Attachment: Resolution Ordering Annexation - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.j
Packet Pg. 1054
Attachment: Resolution Ordering Annexation - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: June 20, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 101 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.k
Packet Pg. 1055
Attachment: Resolution Ordering Annexation - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.k
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Attachment: Resolution Ordering Annexation - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

APPROVED AND ADOPTED this 20th day of June 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.k
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Attachment: Resolution Ordering Annexation - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

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Attachment: Resolution Ordering Annexation - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT A

List of Annexation Parcels

Amendment Map No. Assessor's Parcel Number
101 260-450-004

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Attachment: Resolution Ordering Annexation - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: June 20, 2023

EXHIBIT B

Boundary Map Amendment

B.4.k
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Attachment: Resolution Ordering Annexation - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

MINDORA DRCLARK ST

PIGEON PASS RDCLARK STMORTON RDDAY ST
B.4.l
Packet Pg. 1061
Attachment: Boundary Map - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS,

KITCHING ST

KITCHING STRIO BRAVO RDWILLOUGHBY RD
B.4.m
Packet Pg. 1062
Attachment: Boundary Map - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS,

SYLMAR DRROCKCREST DRNEW HAVEN DRSUNBRIGHT DRROBIN NEST CT B.4.n
Packet Pg. 1063
Attachment: Boundary Map - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS,

DARWIN DR
B.4.o
Packet Pg. 1064
Attachment: Boundary Map - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, 482-311-021INDIAN STHOMESTEAD DR

FINLEY DR

SAYAN PLLINNETT DR

BRANDT DR BOSTWICK DRSTONEHURST DR

SAYAN PL

STONEHURST DRINDIAN STSAYAN PLINDIAN STHOMESTEAD DRSTONEHURST DR B.4.p
Packet Pg. 1065
Attachment: Boundary Map - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS,

LAURY LNKITCHING STSHADOWBROOK STKITCHING STSHADOWBROOK ST B.4.q
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Attachment: Boundary Map - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, B.4.r
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Attachment: Boundary Map - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS,

PIGEON PASS RDDEVILLE DRCAPRICE WAYPASATIEMPO PLPASEO CORRALITO

PIGEON PASS RD

VIA DEL NORTEDEVILLE DRPIGEON PASS RD

SHADOW MOUNTAIN DRESPADA CREEK RD
B.4.s
Packet Pg. 1068
Attachment: Boundary Map - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS,

PLKRISTEN CTWEBB STDEERWOOD LNDAVIS STBUCKTHORN DRHEACOCK STRACKET CTGRAHAM STSWEGLES LNGRAHAM STSWEGLES LN B.4.t
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Attachment: Boundary Map - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, B.4.u
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Attachment: Boundary Map - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS,

PIGEON PASS RDDEVILLE DRCAPRICE WAY

PASEO CORRALITOPASATIEMPO PLVIA DEL NORTEDEVILLE DR

SHADOW MOUNTAIN DRESPADA CREEK RD
B.4.v
Packet Pg. 1071
Attachment: Boundary Map - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, B.4.w
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Attachment: Certificate of Election Official - Amendment No. 82 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.x
Packet Pg. 1073
Attachment: Certificate of Election Official - Amendment No. 83 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.y
Packet Pg. 1074
Attachment: Certificate of Election Official - Amendment No. 84 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.z
Packet Pg. 1075
Attachment: Certificate of Election Official - Amendment No. 85 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.aa
Packet Pg. 1076
Attachment: Certificate of Election Official - Amendment No. 92 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ab
Packet Pg. 1077
Attachment: Certificate of Election Official - Amendment No. 95 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ac
Packet Pg. 1078
Attachment: Certificate of Election Official - Amendment No. 96 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ad
Packet Pg. 1079
Attachment: Certificate of Election Official - Amendment No. 97 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ae
Packet Pg. 1080
Attachment: Certificate of Election Official - Amendment No. 98 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.af
Packet Pg. 1081
Attachment: Certificate of Election Official - Amendment No. 99 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ag
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Attachment: Certificate of Election Official - Amendment No. 101 (6269 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS

Report to City Council

ID#6272 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: June 20, 2023

TITLE: PUBLIC HEARING ESTABLISHING APPROPRIATIONS
(“GANN”) LIMIT FOR FISCAL YEAR 2023/24 (RESO. NOS.
2023-XX AND CSD 2023-XX)

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Conduct a Public Hearing to receive public comments on the Cit y of Moreno Valley General Fund appropriations limit for Fiscal Year 2023/24; and

2. Adopt Resolution No. 2023 -XX, a resolution of the City Council of the City of Moreno Valley, California, establishing the appropriations limit for Fiscal Year 2023/24; and

3. Conduct a Public Hearing to receive public comments on the Moreno Valley Community Services District’s appropriations limit for Fiscal Year 2023/24; and

4. Adopt Resolution No. CSD 2023 -XX, a resolution of the Moreno Valley Community Services District establishing the appropriations limit for Fiscal Year 2023/24.

SUMMARY

This report recommends that the City Council and the Community Services District Board of Directors conduct public hearings and adopt the resolutions to establish the Gann Appropriat ions Limits for both the General Fund and the Community Services District (District) for FY 2023/24. The Gann Appropriations Limit, the result of the passage of Proposition 4 in 1979, places limits on the amount of tax proceeds that can F.1
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