EPERMA
am 40th Anniversary
NOTICE OF TENDER
September 10, 2026
RECEIVED
City of Riverside
City Traffic Engineer SEP 1 8 2026
3900 Main Street
City of Riverside
Riverside, CA 92522 City Clerk's Office
Reference: Member: City of Moreno Valley
Incident Date: 02/25/2026
Claims) Made: 08/21/2026
Claimant(s): Silva, Ameena
Our File Number: 3200722
Dear City Traffic Engineer:
The Public Entity Risk Management Authority ("PERMA") administers the self-insured liability program for the City of Moreno Valley.
The enclosed claim, which has been rejected, was filed with the City of Moreno Valley, and is being forwarded to your attention for further handling.
We have determined through our investigation that City of Riverside was contracted by the City of Moreno Valley to perform services that were a direct result of said claim. We have had the opportunity to review a copy of the agreement, which was executed by both parties. In accordance to same, the City of Moreno Valley hereby requests City of Riverside to fulfill their obligation to defend, indemnify and hold harmless the City of Moreno Valley.
By copy of this letter, we are placing you on notice of our tender and request that you assume handling of this matter. in the event you reach a settlement with Ameena Silva, we request the City of Moreno Valley be named on any release agreement. Should City of Riverside refuse or fail to defend, indemnify and hold harmless the City of Moreno Valley, we will vigorously pursue, on their behalf, full reimbursement of all attorney fees and costs incurred.
Please indicate your acceptance of our tender by signing this letter and returning a conformed copy to the undersigned within thirty (30) days upon receipt.
Should you have any questions or need additional information, please do not hesitate to contact the undersigned.
Sincerely,
Stacy Goopio
Claims Specialist
(760) 538-7585
[email protected]
CC: City of Moreno Valley
•PERMA
a 40th Anniversary
ACCEPTANCE OF TENDER IS HEREBY ACKNOWLEDGED:
Reference: Member: City of Moreno Valley
Incident Date: 02/25/2026
Claims) Made: 09/01/2026
Claimants): Silva, Ameena
Our File Number: 3200722
Signature
Print Name
Date
PROOF OF SERVICE
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
I am employed in the County of Riverside, State of California. I am over the age of 18 and not a party to the within cause or claim; my business address is: 72811 Highway 111 #1014, Palm Desert, CA 92260.
I served the foregoing NOTICE OF TENDER by placing a true copy thereof for collection and mailing, in the course of ordinary business practice, with correspondence that PERMA mailed on September 10; 2026, enclosed in a sealed envelope, with the postage thereon fully prepaid, addressed as follows:
City of Riverside
City Traffic Engineer
3900 Main Street
Riverside, CA 92522
{BY MAIL) As follows: I am familiar with PERMA's practice of collection and processing correspondence for mailing with the United States Postal Service.
Under that practice, correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. I am a resident of or employed in the county where the mailing occurred.
{BY PERSONAL SERVICE} I caused such envelope to be delivered by hand to the offices of the addressee.
{BY FACSIMILE MACHINE) I caused the above-referenced document to be transmitted via facsimile machine on September 10, 2026, to the interested parties at the facsimile number noted above.
IX] {STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on September 10, 2026, at Sacramento, California.
M. Ison Melissa Trout
Signature Print Name
COPY
ESPERMA
40th Anniversary
NOTICE OF REJECTION OF CLAIM
September 10, 2026
Moet Law
18818 Teller Ave., Ste 250
Irvine, CA 92612
Reference: Member: City of Moreno Valley
Incident Date: 02/25/2026
Claims) Made: 08/21/2026
Claimant(s): Silva, Ameena
Our File Number: 3200722
Dear Keyri Vargas:
The Public Entity Risk Management Authority ("PERMA") administers the self-insured liability program for the City of Moreno Valley.
This notice is being provided on behalf of the City of Moreno Valley, who has delegated the authority to PERMA to: (1) reject a claim; (2) give notice of a claim's insufficiency; and/or (3) give notice of a claim's untimeliness.
Notice is hereby given that the claim that you presented to the City of Moreno Valley on 08/21/2026 was rejected on September 10, 2026. As part of this rejection notice, Government Code section 913 requires that the City of Moreno Valley provide you with the following notice:
WARNING
Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action in a municipal or superior court of the State of California on this claim. See Government Code section 945.6.
This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act, Government Code sections 900 et. seq. Other causes of action, including those arising under federal law, may have shorter time limitations for filing.
You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.
Should you have any questions or wish to discuss this matter, please do not hesitate to contact the undersigned.
Sincerely,
Stacy Goopio
Claims Specialist
(760) 538-7585
[email protected]
CC: City of Moreno Valley
COPY
Personally Deliver or Mail to the: RESERVE FOR FILING STAMP City Clerk or Secretary for the CLAIM FOR MONEY OR
City of Moreno Valley
14177 Frederick St DAMAGES AGAINST
Moreno Valley, CA 92553 THE CITY OF MORENO MORENO VALLEY CLERK VALLEY 2026 AUG 25 PN6:02
Note: A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action, See California Government Code §911.2.
If additional space is needed to provide your information, please attach separate sheets which identify the paragraphs) being answered. Sign, date and number all attachments to the claim form.
Name and Post Office address of the Claimant:
Name of Claimant: Ameena Silva
Post Office Address: Can be reached through counsel.
Telephone:
Email address:
2. Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee: Moet Law Relationship to Claimant: Atomey Post Office Address: 18818 Teller Ave. Suite 250 Irvine, CA 92612 Telephone: (949)617-2101 Email: [email protected]
3. Claimant date of birth, Socal Security Number and gender:
Date of Birth:
Social Security Number:
Gender: Female
Medicare/Medi-Cal Recipient YEST NO LI
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) (P.L. 110-173), adds mandatory reporting requirements for liability insurance (including self-insurance) and public entities. See 42 U.S.C. may be violating obligations as a beneficiary to assist the Centers for Medicare & Medicaid Services in coordinating benefits to pay your claims correctly and promptly.
4. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence: 02/25/2026 Time of Occurrence: 11:02am Location: Campus Pkwy & Day Street, Moreno Valley, CA
Circumstances giving rise to this clalm:
«geneal description of the indebtechess, bbligation, Injury, damage or loss Incurred so far as it may be known atthe time of the presentation of the clalim,
Sil treating
The name or names of the public employee or employees caang the indy, damage, orlone it known Ory of Moreno Valley Pull Worka, Transportation Department:
if amount clatried totals loss than $ 10,000; If the amötint clammed totals loss than ten thousand dollars (810,000) as of the date of presentation of the claim, Including the estimated amount of any prospective Injury, damage, or loss, Insofar as Is may be known at the time of the presentation of the claim, together with the basis of computation of the ariount claimed:
Arount claimed and baste for computation Stili treating I amount claimed exceeda $10,000, If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, It shall indicate whether the claim would be a limited ovll case, A Timited cvil case. is one where the recovery sought, exclusive of attorney fees, Interest and court costs, does not exceed $36.000, An unlimited vi case is one in which the recovery sought le more than 8a5, ooo, See Califorma Code of Civ! Procedure SeE.
Ea united avi case 2 Unmited civi Case:
Nice, adre and telephone number of any witnesses to the secure or tapectin which geve its to the calm Unknown
10. • If the daim Involves medical treatment for a claimed injury, please provide the name, address and telephone number of:
any doctors) or hospital(a) providing treatment
Sill treating:
Happlicate please attach any medicat records or repors, medicat bis or simtar documen support your claim.
11. if the claim relates to an automobile accident:
Clalmants) Auto na, Coy Proomsive Telophone: 853-809-2741 Addrese PO. Box siero Cleverand, OH 44101-9019
Insurance Policy No.: 10001017
Insurance Broker/Agents Telephone:
Address,
Claimants Veh Lio. No.: 7we394 Vehicle Make/Year 2017/kia Romme Claimants Drivers Lic: No.: 89145364 Expirafion: 02/00/2027 Napolicate, please attach any repar bits estimates or similar documents supporting your delm; READ CAREFULLY.
For all accident claims, place on following dlagram rama of City/Agendy vehicle at time of accident by A-1 and location of streets, including North, East, South, and West; indicate place: Vourself or your vehicle at the time of the accident by "B-1" and or accident by and by showing house numbers or distances the point of Impact by 'X." ¡to streety comers, ff City/Agency Vehicle was Involved designate by letter Ar location of City/Agency: Vehicle when NoTe aragrame below do not it the altuation, attach hereta you first saw it, and by "B" location of yourself or your vehicle a proper diagram signed and by claimant when you first saw, City/Agency Vehicle; location of
SIDEWALK
CURB
GURB
PARKWAY:
SIDEWALK
Warning: Presentation of a false claim is a felony See California Penal Code 572. in the event a legal acton is filed and it is:
determined that the the action was not filed in good falth and with reasonable cause, the City/Agercy may seek to recover all costs ofdefense see Califoma eode of Civil Frocedure $ 1038.
8/21/26
Signature a he Clattent's behalf Date
MOETLAW
18818 Teller Ave., Suite 250, Irvine, CA 92612
P: 949-617-2101 | F: 909-906-3788 | [email protected]
August 21, 2026
City Clerk or Secretary for the
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
RE: Our Client/s: Ameena Silva and Elliot Silva
Date of Loss: 02/25/2026
LETTER OF ATTORNEY REPRESENTATION
Hello,
Please be advised that the above-mentioned client has retained our office for the injuries he/she sustained as the result of your insured's negligence. Based on the facts, full liability by your insured for the damages caused is absolute. Please note the following items regarding our representation:
1. Please immediately notify your insured we are requesting disclosure of their policy limits. We request policy limits information be provided to our firm as soon as possible.
2. Please be advised whether your insured was in the course and scope of employment at the time of the incident. If you are not sure, please contact us immediately so we can take a recorded statement of your insured in order to determine liability.
3. We request that all evidence related to the incident be preserved, including any camera recordings, reports, statements, and photographs. All evidence should be preserved in its original, unaltered condition. Additionally, if any evidence has already been lost, discarded, or destroyed, we request that the same be acknowledged. We request that any surveillance video and/or incident reports) be sent to our office immediately.
4. Any and all prior wage, medical, or other signed or verbal authorizations from our client are hereby expressly revoked.
5. If you already have any recorded statements from our client, please notify our office immediately and provide us with a copy of the same.
This letter shall suffice to put you and your insured on notice of our client's intentions to pursue his claim. All future correspondence pertaining to this incident (other than relating to property damage, unless otherwise advised by our office) should be directed to this office. We will provide 1 MOETLA W
PERSONAL INJURY LAWYERS
you with a settlement demand upon termination of medical treatment. Our client is not available for a recorded statement, but will be made available for deposition should this case proceed to litigation.
Sincerely,
MOET Law Group, APC
Keyri Vargas
[email protected]
949-491-1636
2 MOETLAW
PERSONAL INJURY & ACCIDENT ATTORNEVS
DESIGNEE AUTHORIZATION
CARRIER: City Clerk or Secretary for the City of Moreno Valley DATE OF LOSS: 02/25/2026
The undersigned CLIENTS) hereby designate(s) MOET LAW GROUP to represent my/our interests) in the prosecution of the above claim for damages for personal injury arising out of an incident occurring on 02125/2026
This designation is made in accordance to Section 2695.2 of the CA Code of Regulations, Title 10, Chapter 5, Subchapter '7.5. This designation shall remain in effect during the duration of this claim.
(PHOTOSTATIC REPRODUCTIONS OF THIS AUTHORIZATION SHALL BE
CONSIDERED VALID AS AN ORIGINAL
Ameena Silva
03 / 10 / 2026
Dated:
CLIENT/PATIENT- PRINT NAME
Ameena Silva
Signature
12 MOETLAW
18818 Teller Ave., Suite 250, Irvine, CA 92612
P: 949-617-2101 | F: 909-906-3788 | [email protected]
August 21, 2026
City Clerk or Secretary for the
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
RE:
Our Client: Ameena Silva and Elliot Silva
Subject Vehicle: 2017 Kia Sorento
Date of Loss: February 25, 2026
To Whom It May Concern:
Please allow this letter to serve as confirmation of our representation of Ameena Silva relative to the car crash that occurred on February 25, 2026. Please direct all correspondence regarding this incident to this office. Neither you nor anyone on your behalf has permission to speak to our client.
As such, there is crucial evidence for a potential civil lawsuit in your possession. These items include, but are not limited to, the following:
1. Any data related to the performance, condition, and operation of the vehicle and any component in the SUBJECT VEHICLE. This includes but is not limited to event data recorders; restraint system performance data; "On Board Diagnostic" devices, ABS systems, transmission systems, occupant detection or classification systems, Back Up Sensors, Crash Avoidance Systems and Powertrain Control Modules.
2. The Failure Modes and Effects Analysis (FMEA) for each component in each device which stores data in this vehicle
3. Any and all data that refer to, evidence or reflect whether or not the SUBJECT VEHICLE had an onboard computer, system or other device (including but not limited to an Electronic Control Module, Vehicle Control Module or VORAD) that recorded any data regarding the VEHICLE, the INCIDENT and/or the driver habits (including but not limited to GPS, speed, engine rpm, braking, locations visited, timing, starting, stopping, errors or any malfunctions of the VEHICLE) on the entire date of the INCIDENT and during and after the INCIDENT.
4. Any onboard computer, system or other device (including but not limited to an Electronic Control Module, Vehicle Control Module or VORAD) that recorded any data regarding the SUBJECT VEHICLE, the INCIDENT and/or the driver habits (including but not limited to GPS, speed, engine rpm, braking, locations visited, timing, starting, stopping, errors or any malfunctions of the VEHICLE) on the entire date of the INCIDENT and during and after the INCIDENT.
5. Any and all data that refer to, evidence or reflect the actual data recorded by any onboard computer, system or other device (including but not limited to an Electronic Control Module, Vehicle 1 | Page
MOETLAW
18818 Teller Ave., Suite 250, Irvine, CA 92612
P: 949-617-2101 F: 909-906-3788 | [email protected]
Control Module or VORAD) that recorded any data regarding the SUBJECT VEHICLE, the INCIDENT and/or the driver habits (including but not limited to GPS, speed, engine rpm, braking, locations visited, timing, starting, stopping, errors or any malfunctions of the SUBJECT VEHICLE on the entire date of the INCIDENT and during and after the INCIDENT
6. Federal Highway Administration DOT - Annual Inspection Records
7. Driver Inspection Reports
8. Driver Logs
9. Pre-Trip Inspection Reports
10. Roadside Inspection Reports
11. Annual Self Inspection Reports
12. All Maintenance Records
13. Every device which records
14. All video evidence of the happening of the INCIDENT including 12 hours before the incident and 12 hours after the INCIDENT.
We hereby formally request that you preserve the above-mentioned items of evidence. Do not modify, alter or destroy any of the above-mentioned items, nor permit anyone to modify, alter or destroy the items. "Destroying evidence can destroy fairness and justice, for it increases the risk of an erroneous decision on the merits of the underlying cause of action. Destroying evidence can also increase the costs of litigation as parties attempt to reconstruct the destroyed evidence or to develop other evidence, which may be less accessible, less persuasive, or both." Cedars-Sinai Medical Center v. Sup. Ct. (Bowyer) (1998) 18 Cal.4th 1, 8.
Please be advised that your failure to preserve the items identified above will result in extremely unfavorable consequences to you. Indeed, be advised that we intend to seek remedies against you if you allow crucial evidence in this case to be modified, altered or destroyed. For instance, chief among these is the evidentiary inference that evidence which one party has destroyed or rendered unavailable was unfavorable to that party. Id. at 11; Cal. Evid. Code § 413. As presently set forth in Section 413, this inference is as follows: In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party's.. willful suppression of evidence relating thereto..." The standard California jury instructions include an instruction on this inference as well: "If you find that a party willfully suppressed evidence in order to prevent its being presented in this trial, you may consider that fact in determining what inferences to draw from the evidence." BAJI No. 2.03 (8th ed.1994; Cedars-Sinai Medical Center, supra, 18 Cal.4th at 12.
In addition to the evidentiary inference, our discovery laws provide a broad range of sanctions for conduct that amounts to a "[misuse] of the discovery process." Cal. Civ. Proc. Code § 2023. Destroying evidence in response to a discovery request after litigation has commenced would surely be a misuse of 2 | Page
MOETLAW
18818 Teller Ave., Suite 250, Irvine, CA 92612
P: 949-617-2101 | F: 909-906-3788 | [email protected]
discovery within the meaning of section 2023, as would such destruction in anticipation of a discovery request. Cedars-Sinai Medical Center, supra, 18 Cal.4th at 12 (emphasis added). The sanctions under section 2023 are potent. They include monetary sanctions, contempt sanctions, issue sanctions ordering that designated facts be taken as established or precluding the offending party from supporting or opposing designated claims or defenses, evidence sanctions prohibiting the offending party from introducing designated matters into evidence, and terminating sanctions that include striking part or all of the pleadings, dismissing part or all of the action, or granting a default judgment against the offending party. Id. at 12.
Additionally, lawyers are subject to discipline, including suspension and disbarment, for participating in the suppression or destruction of evidence. Cal. Bus. & Prof. Code § 6106 ["The commission of any act involving moral turpitude, dishonesty or corruption... constitutes a cause for disbarment or suspension."]: Rules Professional Conduct, Rule 5-220 ["A member shall not suppress any evidence that the member or the membor's client has a legal obligation to reveal or to produce."]. The purposeful destruction of evidence by a client while represented by a lawyer may raise suspicions that the lawyer participated as well. Even if these suspicions are incorrect, a prudent lawyer will wish to avoid them and the burden of disciplinary proceedings to which they may give rise and will take affirmative steps to preserve and safeguard relevant evidence. Cedars-Sinai Medical Center, supra, 18 Cal.4th at 13.
Finally, Cal. Penal Code § 135 creates criminal penalties for spoliation. "Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor." Cedars-Sinai Medical Center, supra, 18 Cal.4th at 13.
Accordingly, please advise us immediately of the status of this evidence and your intentions with respect to its preservation.
Other Documents and ESI Evidence
You are hereby given further notice to immediately take all steps necessary to prevent the destruction, loss, concealment, or alternation of any paper, document, or electronically stored information ("EST") and other data or information generated by and/or stored on your computers and storage media (eg. hard disks, floppy disks, backup tapes, etc.), and emails related to this incident.
You should anticipate that much of the information subject to disclosure and responsive to discovery in this action is stored on your current or former computer systems and other media and devices (including personal digital or data assistants, voice-messaging or voice-mail systems, online repositories, and cell phones).
ESI should be afforded the broadest possible definition and includes, but is not limited to, all digital communications (e.g., e-mail, voice mail, instant messaging), word processed documents (e.g. Word and WordPerfect documents and drafts), spreadsheets and tables (é.g. Excel and Lotus 123 worksheets), accounting application data (such as QuickBooks, Money, or Peachtree), image and facsimile files (including PDF, TIFF, JPG, and GIF images), sound recordings (including WAV and MP3 files), video recordings, all databases, all contact and relationship management data, calendar and diary application data, online access data (including temporary, internet files, History, and Cookies), all presentations (including PowerPoint and Corel), all network access and server activity logs, all data created with the use of any 3 | Page
MOETLAW
18818 Teller Ave., Suite 250, Irvine, CA 92612
P: 949-617-2101 | F: 909-906-3788 | [email protected]
Personal Data Assistant (PDA) such as Palm Pilot, HP Jornada, Cassiopeia, or other Windows-based or Pocket PC devices, all CAD files, and all back-üp and archival files.
Adequate preservation of ESt requires more than simply refraining from efforts to destroy or dispose of such evidence. You must also intervene to prevent loss due to routine operations and employ proper techniques to safeguard all such evidence.
Because hard copies do not preserve electronic searchability or metadata, they are not an adequate substitute for EST, If information exists in both electronic and paper form, you should preserve them both.
Litigation Hold
You are requested to immediately initiate a litigation hold for potentially relevant ESI, documents, and tangible things, and to act diligently and in good faith to secure and audit compliance with that litigation hold. You are also requested to preserve and not destroy all passwords, decryption procedures (including, if necessary, the software to decrypt the files), network access codes, ID names, manuals, tutorials, written instructions, decompression or reconstruction software, and any and all other information and things necessary to access, view, and (if necessary) reconstruct any EST. You should not pack, compress, purge, or dispose of any file or any part thereof.
You are further requested to immediately identify and modify or suspend features of your operations, information systems, and devices that, in routine operations, operate to cause the loss of documents, tangible items, or EST. Examples of such features and operations include, but are not limited to, purging the contents of e-mail repositories by age, capacity, or other criteria; using data or media wiping, disposal, erasure, or encryption utilities or devices; overwriting, erasing, destroying, or discarding back-up media; re-assigning, re-imaging or disposing of systems, servers, devices, or media; running antivirus or other programs that alter metadata; using metadata stripper utilities; and destroying documents or any EST by age or other criteria.
Servers
With respect to servers like those used to manage electronic mail and network storage, the entire contents of each user's network share and e-mail account should be preserved and not modified.
Storage
With respect to on-line storage and/or direct access storage devices attached to your mainframe computers and/or minicomputers, in addition to the above, you are not to modify or delete any ESI, "deleted" files, and/or file fragments existing on the date of this letter's delivery that contain potentially relevant information. With regard to all electronic media used for off-line storage, including magnetic tapes and cartridges, optical media, electronic media, and other media or combinations of media containing potentially relevant information, you are requested to stop any activity which may result in the loss of any ESI, including rotation, destruction, overwriting and erasure in whole or in part, This request is intended to cover all media used for data or information storage in connection with your computer systems, including magnetic tapes and cartridges, magneto-optical disks, floppy diskettes, and all other media, whether used with personal computers, minicomputers, mainframes or other computers, and whether containing backup and/or archival ESI.
4 | Page
MOETLAW
18818 Teller Ave., Suite 250, Irvine, CA 92612
P: 949-617-2101 | F: 909-906-3788 | [email protected]
Personal Computers
You should take immediate steps to preserve all ESI on all personal computers used by your officers, directors and employees, including all secretaries and assistants, that in any way relate to the [subject matter of action], and the events and causes of action described in the Complaint. As to fixed devices, (1) a true and correct copy is to be made of all such EST, including all active files and completely restored versions of all deleted electronic files and file fragments; (2) full directory listings (including hidden files) for all directories and subdirectories (including hidden directories) on such fixed devices should be written; and (3) all such copies and listings are to be preserved until this litigation is ended. As to floppy diskettes, CDs, tapes, and other non-fixed media relating to this matter, they are to be collected and stored pending resolution of this litigation.
Portable Systems
In addition to your immediate preservation of ESI, documents and tangible items in your business, on servers and workstations, you should also determine if any home or portable systems may contain potentially relevant data or information. To the extent that officers, board members, or employees have sent or received potentially relevant e-mails or created or reviewed potentially relevant documents away from not only potentially relevant data from portable and home computers, but also from portable thumb drives, employees, officers, or directors used online or browser-based e-mail accounts or services to send or receive potentially relevant messages and attachments, the contents of these account mailboxes should be preserved.
Evidence Created or Acquired in the Future
With regard to documents, tangible things, and ESI that are created or come into your custody, possession, or control subsequent to the date of delivery of this letter, potentially relevant evidence is to be preserved. You should take all appropriate action to avoid destruction of potentially relevant evidence.
Please forward a copy of this letter to all persons and entities possessing or controlling potentially relevant evidence. Your obligation to preserve potentially relevant evidence is required by law.
Very truly yours,
Rohan Dosaj, Esq.
MOET LAW GROUP, APC
5 | Page
MOETLAW
18818 Teller Ave., Suite 250, Irvine, CA 92612
P: 949-617-2101 | F: 909-906-3788 | [email protected]
6 | Page
SLATE UR UALIPURALA
DEPARYMENT OF CALFORNIA HIGHMAY PATROL
MARAC CRASH REPORE Page 1 of?
HP 655 Page 1 (Rev. 9-19) OPI 06
SPECIAL CONDITIÓNS NUMBER HIT & RUN. CITY!
INJURED "FELONY/ DOAL REPORT NUMBER
4 Moreno Volley Riverside MV2$0900103
NUMBER HITE RUNT COUNTY • REFORTING DISTRICT •BEAT DAY OF WEEK TOW AWAY KLLED. MiSD.
Riverside 802 22 MV22 Wednesday
CRASH OUCURRED ON: NO; PAY FINE (2400)- Nợic d OFFOER ID.
YEAR
CAMPUS PRIY 02/25/2026 1102 3300 N7728
MILEPOSTINFORMATION : OPE COOND PHOTOORAPHE BY DO NONE
FEET OFT LATITUDE 33.037391
•AT INTERBEOTION WITH LETATE HWY REL
FEET
PARTY DRIVER&LICENSE NUMBER MAKETMODEL COLOR LICENSE NUMBER STATE B3144919 74842R2
CÀ
BRIVER NAME (FIRST MIDCLE LAST)
BLANCA ERODITA BAIRDS CENTENO OWNER'S NAME X SAME AS DRIVER
STAGETADOREGS BUSER/O LAZO BARRES
23830 SUNCRESTAVENUE OWNER SADDRESS EI SAME AS DRIVER:
CITY (STATE/ ZIP 13146 BHIREBOURN RD, MORENO VALLEY, CA: 02553 MORENO VALLEY A 192583 DISPOSITION OF VEHICLE ON OROERS DE LOFFICER LEDRIVER E OTHER
SEX HAIR EYES WEIGHT , BIRTH DATE I RACE DRIVEN AWAY
-BRN: BRN: 302 PROR MECHANICAL DEFECTS:
HOMEPHONE 2 NONE APPARENT REPER TO NARRATIVE
VEHICLE IDENTIRCATION NUMBERE 2GCEC19WSX1186000
(951) 423-8064 •VEHICLETYRE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGE AREA
INSURANGE CARRER POLICY NUMBER DUNK DO NONE DIMNOR
STATE HARMINSURANCE 11E MOD D MAJOR CO ROLLOVER
DR OF ON STREET ORHIGHWAY:
TRAVEL LANE DOr
EAST: CAMPUS PKWY 1 CALAT. MOMK
PARTY PRIVERS LICENSENUNBER STATE ; CLABS HAIR BAD "SAFETY EGUJP. VEH: YEAR MAKR / MODEL/ COLOR (CENSE NUMBER STATE CA G 2017
DRIVER NAME (FIRST, MIDOLE, LAST)
LEAH AVILA GANGLER OWNER'S NAME I SAME AS DRIVER
STREET ADORESS
OWNER
I SAME AS DRIVER
CITY/STATE / ZIP
DISPOSTON OF VEHICLE ON ORDERS OF L OFFICER I DRIVER DOTHER
HAR WEIGHT PEPES TOW
PRIOR HECHANICAL DEFECTS: BI, NONE APPARENT LI REFER TO NARRATIVE HOME PHONE BUSINESS PHONE VEHICLE IDENTIACATION NUMBER; VEHİCLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGE AREA:
NSURINCE CARRER POUCY NUMBER PUNK NONE
NONE. •NONE •MOD DO MAJOR EI ROLL-OVER
DIR OF ON STREET ORHIGHWAY LANE -THRO
LANES LANES CA:
NORTH DAY AT CAL T
PARTY PRY RALICENSE NUMBER SIATE CLASS AIR BAG •SAFETY EQUP. MAKE/ MODEL/ OCLOR LICENSE NUMBER STATE
CA KIA SORENTO CRAY CA
--w4F+--
DRIVER NAME (FIRST; MILOLE, LAST)
ANEENA, BILVA CAVER'S NAME E SAME AS DRIVER
STREET ADORESS ANEENA SILVA
22734 WILD GERANIUM LANE DIMNERS ADDRESS -B cale to pales TOLE
ISPOSITION OFVERICE ON EDITS OF LIOFFICER I DRIVER" MOTHER
SEX HAIR PRIVATE TOW
PRIOR MECHANICAL DEFECTE * NONE APPARENT! E 1: REFER TO NARRATIVE HOME PHONE VEHICLE IDENTIFICANON NUMBER ,5XYPGDA55HQ232581 (700) 187-7080 VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADEIN DAMAGE AREA INSURANCE CARRER DUN. DINONE O MINOR
L07
PROGRESAIVE INSURANCE 10081917 E MOD, DO MAJOR CI ROLLOVER DIR OR ON STREET OF HIGHWAY.
TRAVEL
NORTH DAY ST
PREPARCA'S NAME DINPATCH NOTIFIED REJEWERE NAME DATE REVIEWED LOPEZ HECTOR NITR Yes: • No X NIA HANSEN, JARED 4007. 03124/2028
DIADE URLALEUNNIS
DEPARTNENT OF CALFORNA HICHWAY PATROL
TRAFFIC CRASH CODING Page 2ol7
CHP 565 Page 2 (Rev 3-20)OPl060
DATE OF CRASHIMO, BAN YEARY TIME L NACH OFFCERI
INUYBER
22/26/2028 1102 9900 N7728 MV260580105
PROPERTY DAMAGE ONER'SNANE
FERSONNOIRED" DELEPHONE MEER METHODOR NOTA CATION MAKE HAT NIBLY)
SEATING POSITION SAFETY EQUIPMENT AIR BAG INATTENTION CODES OCCLEANIA CHILA HEATRANT •BUNKNOWN- AN OF. PHONE HANDHELD:
AY NONE IN VEHICLE IN VEMICLE US LAR BAG DEPLOYED' ¡EN CELLPHONE HANDSFREE BUNKNOWN: IN: VEHIG E NOT. US 'MHAIR BAG NOT DEPLOYED
CLAP BELT USED: O: ELECTRONIC EQUIPMENT
-IN VEHICLE USE UNKNOW 3. NOTHER
TO E- STANDAR D¡ LAR BELT NOT USED': -IN VEHICLE IMPROPER U: PENOT REQUIRED E/SMOKING EATING POSITIO E: SHOULDER HARNESS USED SCH NONE IN VEHICLE. - SHOULDER HARNESS NOY USED EJECTED FRON VEHICLE Fa EATING
6. 10- REAR OGG TRKH VAN; 31 CHILOREN
G: LAP/SHOULDER HARNESS USED MIARIQYCLE HELMAT B, NOT EJECTED He ANIMAL:
7. 19. STATION WAGON ETC. SLAPISHOULDER HARNESS NOT USE DRIVER PASSENGER "1A FULLY EJECTED: PERSONAL HYGIENE
10. Mi POSITiON UNKNOWN: - PASSIVE RESTRAINT USE 2* PARTIALLY EJECTED, R READING:
•0+OTHER A: NOT RE REBANT NOTUSED 3: UNKNOWN K-OTHER
ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK " SHOULD BE EXPLAINED IN THE NARRATIVE
PRIMARY CRASH FACTOR VEHICLE AUTOMATION LEVEL MOVEMENT FARCHDING LIST NUMBER IN OF PARTY AT BAU TRAFFIC GONTROL DEVICES 3. 23 12/3 CRASH:
21453(a) A CONTROLS FUNCTIONING A STOPPED
XIB CONTROLS NOT FUNCTIONING BELE DAE LEVELS XXXL PROCEEDINa STRAITHE C CONTROLS OBSCURED O SAE LEVEL -2 LO RAN OFF ROAD
D: NO CÓNTRÓLS PRESENTFACTOR A GAE LEVEL VE D MAKING RIGHT TURN
TOOTERAN ERVER TYPE OF COLLISION E BAE LEVELTAS
EE MAKING LEFTITURN
DUNKNOW AHEAD I ON:
BAR LEVEL 51 PEMAKING U TURN:
B: SIDEWPE G UNKNOWNE TO BACKING
Q REAR END SEHICLE AUTOMATON ENGAGED. *HE BLOWING / STOPPING WEATHER MARK TO ZITENEL •_-BROADSIDE SURPASSING OTHERYEHIGE XXX LAN AUTOMATIÓN: J. CHANGING LANES
F OVERTURNED B. DRIVER ASSISTANCE EK PARKING MANEUVER
LO RANKEN DAVEHICLE PEDEGTRIAN © PARTIAL ASSISTANCE L ENTERING TRAFFIC DESNOMING: H OTHERE: TO GONG) TIONAL AUTOMATION "M OTHER UNSAFE TURNING.
MOTOR VEHICLE INKOLVED WITH LE HIGHAD TOMATIONE IN XING INTO OPPOSING LANE:
TE LOTHER: EAHULLAUTOMARON O PARKED"
• WIND: A NONE COLLISION EMERGING
LIGHTING IBA PEDESTRIANE TA TRAVELING WRONG WAY.
EG OTHER MOTOR VEHICLE OTHER ASBOCIATED PACTOR(G) R OTHERE ELUSK DAWN DAMOTOR VEHICLE ON OTHER ROADWAY: (VARK 1 TO 2 (TE MS) S LANE SPLITTING:
DARK STREET LIGHTE LE PARKED MOTOR VEHICLE SOBRIETY DRUG PHYSICAL
O BANK NO STREET UGHTS BETRAIN MARKALL THAT APPLY)
LO SHOYCLE NO SECTION MOLATION: ONE XXX LA HAD NOT BEEN DEINKING NOTIONIN H ANIMALE:
BINED UNDER INFLUENCE
ROADWAY SURFACE FIXED OBJECTE CARBO- NOT UNDER INFLUENCER IMI: D HED. MFAIRMENT UNKNOWNE
THEORECT I UNDER DRUG INFLUENCE!
DE VISEN ORECUREMENT DRE BIAM CONDU (TED
OUR RAMUDY OILY LICE TE NAMENTION! 3 STIMULANT:
_PEDESTRIAN'E AOTIONE CUSTORA GO TRAFFIC HALLUCINOGEN:
EX A NO PEDESTRIANS INVOLVED H ENTERING LEAVING RAMP DIBBOCIATE ANESTHETIOS AT HOLES DE BENUTS! CROSSING IN CROSSWAL "NARCOTIC ANALGESIC R. ROOSE MATERIAL ON MOADAYS EATINTERSECTION
UNFAMILAR WITH ROAD INFALANT:
ORSTRUCHION EN ROADED? è: CROSSING IN CROSS HALK NOT OR REFECTIVE VEN EQUIR •CANNABIS
DLOONSTRUCTION REPAIR LONE /AT INTERSECTION DARESSANT
CYRECUCED ROADWAY WIDTHE ID CROSSING NOTIN CROSSWALK LEONINVOLVED VEHICLE TEMPARMENT-PHYSICAL? E FLOODED LEN ROAD INCLUDE DUDER xXX ANOTHERH GONSTRUGTION COMPARMENT NOT KNOWN PNOTIN ROAD: NINONE AREA RENTE H.NOT APPLICABLE
XTH NO UNUSUAL CONOMONST O AROACHING/ LEAVING SCHOOL BUB NO RUNAWAY VEHICLE Miscellaneous
SPECIAL INFORMATION
IRA HAZARDOUE MATERIAL:
HE CHAL PHONE HANCHEAD IN USEL
C CELL PHONE HANDSEREE IN UBE
XXX LD OLD FIONE NOT IN USES
B See Attached Sketch" LE CELL CHONE VOR UNKNOWN:
ET SCHOOLBUG RELATER:
Me Attached factuat diagram. BIKEWAY FACILITY
ALA SHARED ROADWAY
1B Ci BIKE PATH
EL CLASS I BIRE LANEN:
O CASE I BRE ROUTE C
STATE OF OALIFORN
DEPARTMENT OF PAI
ANDURED AMINESS PASSENGER
OHR 855. Page 3: (Rey 9419) OPL 060:
BATE O CRACH MO DAYE-YHART TIME RACI
:02/2812026 1192 S30R N7228 V200560
EXTENT OF NURY (X" ONE) INDURED WAS (XONE)
,1 :
NAMENTO, BADDE
ATalaphone
LUCENO MARCHLINO LAZO MANES UAEAOUENMORENO VALLEY DA PASSA USA (951) 7907070;
NEO COLD TRANGORTEDE UNAUNDEN AKENTO
AMARIOAN MEDICAL RESAONDA MEDICAL CENTER
JE! COMI
Talophone
HANGAY HAMLA CANELER CONL2000 CALLE AINDA MORENO VAL LEV CA CHI LHA 0290 231-2588
TAMENTE
AMERICAN MEDICAL HESPONGEI
DESORDE MUNES.
AGHRLBINT PAIN
.LE:
NAME700E/AODRESS
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ELLIOT BLVATU20106/018 LA PARA LANA MORENO VALLEY OI 170 em 70e0 KANT
E0000 03
NAMETO CATABORE
AMEENA SILVA LA
LORONAUMAN
LOI FILO
NAME DO D./AUORENS
BLANGA RODITA BAINERCENTEND 400UBE A PERSE 405110-0004
WUREO ONGY TRANOPORTER ES
AO CANTO TIMBRAN
NAME DOTARDE
PREPARON MARS NOME:
M7720 0220020 HANSEN, JARED 4007 9/24020
MALK'O)
DEPARTME KOR CALT A HICHWAY PATROL,
Pegono7
Pi055 Pade 4. Rev * 14) OP106
BATE OFGOLUBION YEAR NOON COuR 15;
NUMBER
02/25)2026 1102 за00 N7726 MV200400N0*
ALL AAN NOY TỘ BỘA B UN NG ATAVEC
AOl EI
Google
PREPARSD BY D NUMPER MO BAY'YEAR NEVILHENG NAME MỌ: DẠC YEAN LOPEZ, HEOTOR N7729 W7ize 02/25/2026 HANSEN VARED 4007 03/24/2026
SIATE ON UALIPUM
•DEPARTMENT OF CALIFORNIA HIGHMAY PATROL
NARRATIVE/SUPPLEMENTAL, Page bof7
CHP 658 Pago 4 (Rov 411) OPI 060
PATE OF COLLISION (NO. DAY: YEAR) TIME (2400) NOOP OFFICER 1D NUMBER - 02/26/2026 1102 3300 N7728 •MV2B0500103
My department Issued Axon Body Worn Camera (B.W.C.) was used during contact and Interviews in this Investigation. Stops or breaks ln the vided/and or audio are due to conversations with other department 3 members and/or to save the life of the battery when there is no contact or Investigation being conducted. My 4 B.W.C. video was later uploaded and stored to the Axon server. 5 EVIDENCE,
ITEM QUANTITY DESCRIPTION
:01 05 Body Worn Camera Footage:
10 02 01 City-Wide Camera Footage
12 NOTIFICATION:
13 14 On Wednesday, February 26, 2026, at 1104 hours, i was dispatched to the Intersection of Day Street and 15 Campus Parkway, in reference to a minor-Injury traffic collision Involving two vehicles. The Incident would later 18 be categorized as a malor inlury collision due to a party losing conscious. All speeds, times and measurements 17 in this investigation are approximate, Measurements were obtalned by Google Earth, except where otherwise 18 indicated
19 20 PARTI
21 32 Party 1 (Blanca Erodita Baires Centeno) was Identified by her valld Callfornla driver's license, V:1 is a 1999 Tan:
23 Chevrolet Silverado with a California license plate #74542R2. 24 25 Party 2 (Leah Gayle Avila Cansler) was Identifled by her valld California driver's ]icense. V-2 is a silver 2017 Ford 26 Fusion with a California license plate of #7TRN720:
27 28 Party 3(Ameéna Sliva) was identified by her valld California driver's license: V-3 Is a gráy 2017 Kla Sorento with 29 a Californla license plate of #7WIG394.
30 31 STATEMENTS,
(STATEMENTS ARE NOT WRITTEN VERBATIM AND WERE WRITTEN IN SUMMARY FORM) 34 35 P-4 (Baires Centeno) = P-1 stated she was driving V-1 eastbound on Campus Parkway approaching the 36 Intersection of Day Street. P. 1 stated she made a complete stop at the Intersection due to the traffic light being 37 on flash. Pit let a white vehicle proceed northbound on Day Street due to the traffe light being on flash, After the white car had passed the intersection, P-4 proceeded forward and noticed p-3 had entered the intersection, 189 Pl saw P. commit a broadside collision on her passenger side, P-1 belleved P-3 continued forward and 40 collided with P-2.
4T
42 P-2 (Cansler) -P-2 advised she was driving V-2 going northbound on Day Street approaching the intersection of 43 Campus Parkway P-2 was driving V-2 on the number three lane of Day Street, and noticed P-9 was traveling 44 next to her on the number two lane of Day Street, P-2 had noticed the traffic light had turned green for her and 45 continued northbound through the intersection. P-2 belleved she was going at a low rate of speed due to the 46 traffle light having only turned green for them recently. As P-2 entered the Intersection, she noticed P-1 had 47 entered the Intersection and observed P-1 hit her driver's side, As a result of the collision, P-2 remembered 48 hitting her head and losing conscious, P-2 woke up from her loss of consciousness and realized her vehicle was :49 stil moving. P-2 ultimately stopped her vehlcle.
JARED BY MO DAY YEAR' REVIEWERS NAME MO DAY YEAR
LOPEZ, HECTOR N7728 N7728 02/25/2026 HANSEN, JARED 4007. 03/24/2028
STATE UR VALINOR
DEPARTMENT: OF CALIFORNIA HIGHWAY PATROL
NAKKAIVE SUPPLEMENTAL Page 69f7
CHR 558 Page 4 (Rev 4-10 OPIO60
PATE OF COLLISION: (50 •TIME (2400) CHEICER TOS
NUMBER
02/25/2020 1102 9300 N7728 :MV260560103
60 61 (Sliva) -P-3 stated she wasdriving Via on the number one northbound lane of Day Street, pa noticed the 52 traffic light hed turhed green for northbound traffe and proceeded forward through the intersection. As che :63 entered the intersection at Campus Parkway, she noticed Pot had also entered the intersection going 54 eastbound on Campus Parkway and belleved V-1 had run the red light. P-s collided with P-1 and care to a stop..
56 67 OTHER FACTUAL INFORMATION
58 59 After speaking with all parties, I returned to the Moreno Valley Sheriff Station and reviewed the city-wide 60 cameras located at the Intersection of Day Street and Campus Parkway, On city-wide cameras, 1 observed the trate lght working normally prior to the collision. I also observed what appeared to be a Riverside city:
maintenance employee working on the traffc light control box located on the northwest corner of Day Street :63 and Campus Parkway, I ald not observe any traffic control signs displayed on the roadway during the time the 64 city emplayee was working on the traffic lights.
66 After a lew moments, the trafficlights for all four directions of travel had turned into a flashing red. All vehicles at the intersection began to treat the Intersection as a stop sign, The vehicles going northbound on Day Street 08 proceeded to complete their turn at the flashing red light. Five vehicles proceeded through the intersection to 1069 go northbound, As northbound traffe was golng through the intersection, the northbound traffic light returned 70 to a solid red light. Once the traffic cleared the Intersection, a black vehicle began to make a left-hand turn 71 from westbound Campus Parkway towards, southbound Day Street. At the same time, P.1 began to move 72 forward Into the crosswalk and towards the intersection. As the black vehicle was in the middle of the 73 Intersection, the traffic light for northbound traffic changed from a solid red light to a green light. As P-1 waited 14 for the black vehicle to complete its turn onto Day Street, the traffic light bed stopped hashing red and had 75 turned Into a solid red light P-1 continued forward towards eastbound Campus Parkway while her traffic light 76: was a salld red light.
73 78 As P-i entered the intersection, P-2 and Pis were seen driving northbound Day Street at a steady rate of speed. 79 •There were vehicles stopped on the two left-turn lanes to go Westbound on Campus Parkway from northbound 801 •Day Street, P-2 and Pa continued northbound once they observed thel traffic light had changed from a red 81 solid light to a solld green light As P-2 and P-3 entered the Intersection; P-1 was already halfwey into the Infersection, P-3 was observed Hiting P-1 on their passenger side door, which caused P.f to collide with P-2's driver side door After P-1 collided with P-2's driver side door, P-2 was observed stopping but immediately after
84. began to move forward slowly for a few seconds before coming back to a stop. :86
86 OPINIONS AND CONCLUSIONS!
87 88 SUMMARY:
89 :90 Prior to the collision, a Riverside city worker was seen working on the traffic light contral box located on the 01 northwest corner The trame lights at the intersection were on a flashing red light state, P-1/was driving V-t 152 eastbound on Campus Parkway approaching the intersection of Day Street, The traffic lights at the intersection 193 were flashing red when P-1 stopped at the Intersection. As P-1 was walting for thel turn to enter the :94 Intersection, P$2 and P-3 were seen approaching northbound on Day Street, P-1 waited for a black vehicle to. 95 finish Is turn onto southhound Day street and began to enter the intersection. While the black vehicle was 96 halfway into the intersection, the traffe light for northbound Day Street became a solid green light. 97 98 P-1 was halfway into the Intersection when pid and pid entered the Intersection going northbound on Day REPAREDBY ID NUMBER: MO DAY YEAR REVIEWERS NAME, HO BAYYEAR LOPEZ, HECTOR NTT28 NOTAR 02/26/2028 HANSEN, JARED 4007 03/24/2026 AlOUDHORI
-PARTMENTOR CAL
EATIVERVERY MENTAL F07o7
PATE DECOUPON NOT FORGER
02/26/2020 NTT2R ww20000090a
sinacon the numbertwo andnumbersiee Jane no colded wi patspasenger sa door which opped pr 100 at the Interestion, Pit was chen sent forward and collided with pozdriver side door f2/d vablee stopped 101- In madately after the collision but began to move forward at a slow ate of speed for a few second before 102 coming to astop
102
is result anthe solution, V-t had major damage to les trant bumper and passenger Side doon Per complained 104: of back palm end Prus passenger had a complaint of pain to their neckhand back, RATS passenger. Was ЛОВ transported via AMB to Elverside Unlverity Health System hospital V-2 had major damage to ite driver's side 1107: doors and nanel p.2 was transported vid AMR to Riverside University Health Syctam hospital Wa had 108 moderate demage of front bumper a hed a complantofesh in herlete arm and made on her left arm 408
110. AREA ORIMI
2112
113 The approximate area of timple was so west of the east pierongered roadway ane or bay shet and o *NA: north of the soch proonation onway ede of camps Parkay. Armor inp was determined by vende 106 positioning of the roadway
118
117
11a The approximate area ofilmpect was 203 west of the east prolongated roadway edge of Day Street and de) north of the south prolongation roadway edge of Campus Parkway. Area of Impact was determined by video 12 footage of the collision,
12 CAUSE
PA cused this collaton by belng niviolation of 4 2t4salal of the Callornta vehicle code Ma drlver melng ar 425 senay circulan red signa, alone shan stop ut a marked limit ine, but none before ehtering the crosswalk on M26 the near side of the Intersection or none, then before entering the intersection, and thall remale stopped 127 it apinacation to erocead toshown ecentas provided lasusdivistor :N28
129 Arassdative factor forthis colision wasa city of riverside employee working on the trate in at the time:
230 of the callion. The trate lighter were fashing red prior to the cellsion pecurine and changed back to a 131 ruler eyele durine the colision.
нав CASE
109
440:
-MO DAY YEARI REVEWERE NO DAY YEAR
LOPEZ MOTOR NA728 02025/2020 HANSEN, CARBO ZOI 03/24/2020 COPYI
AGREEMENT FOR
MAINTENANCE AND OPERATION OF
TRAFFIC SIGNALS AND SAFETY LIGHTING
This AGREEMENT FOR MAINTENANCE AND OPERATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING ("AGREEMENT") is made and entered into on this. 3u 30th day of November → 2010, by and between the City of Moreno Valley, referred to herein as MORENO VALLBY, and the City of Riverside, a California charter city and municipal corporation, referred to herein as RIVERSIDE, collectively referred to herein as (the "PARTIES"):
This AGREEMENT is intended to define the maintenance and operation responsibilities for all traffic signal and highway safety lighting installations jointly owned by MORENO VALLEY and RIVERSIDE at the locations(s) shown on the attached Appendix "A" ("LOCATIONS") and shall supersede the Operation and Maintenance provision contained in the Agreement Between the Cities of Riverside and Moreno Valley for Design, Construction, Operation and Maintenance of Traffic Signals on Day Street dated January 6, 1992.
IT IS AGREED:
1. RIVERSIDE, through its Traffic Engineering Division, will provide the following services:
a) Routine maintenance and operation on traffic signals, highway lighting, and other electrically operated traffic control or warning devices ("TRAFFIC CONTROL DEVICES") at the LOCATIONS so that said TRAFFIC CONTROL DEVICES remain in good operating condition and repair. Said routine maintenance work includes, but is not limited to:
Inspecting the signal system and cleaning the controller cabinet quarterly. ii) Cleaning signal heads every two (2) years and replacing the light emitting diodes (LED) every five (5) years.
ili) Re-lamping and cleaning street lights every five (5) years.
The time perlods for these services shall commence upon the effective date of this AGRBEMENT.
Emergenoy call-out service and/or repair of the TRAFFIC CONTROL DEVICES within two (2) hours following RIVERSIDE's receipt of notice (whether in person, in writing, by telephone, or otherwise) from MORENO VALLEY or other agencies or persons, that any TRAFFIC CONTROL DEVICE at the LOCATION is not functioning properly. In the event of substantial damage to a TRAFFIC CONTROL DEVICE that cannot be repaired within the two (2) hour period speoffled above, RIVERSIDE shall attempt to resolve all matters within a reasonable time (not to exceed seven (7) days unless extended by written notice to MORENO VALLEY) to make such repairs provided that RIVERSIE provides. alternative traffic control dévices (le., portable "stop signs") to direct trafto at the LOCATION until repairs are complete.
2. RIVERSIDE shall provide, or contract to be provided from the local olectric utility, eloctrical energy in at amount equal to the requirements to operate all TRAPFIC CONTROL, DEVICES and RED LIGHT PHOTO ENFORCEMENT at the LOCATIONS:
3. In consideration of RIVERSIDE's performance of the services set forth herein, MORENO VALLEY shall pay RIVERSIDE a portion of the total cost of electrical energy, routine maintenance, repairs, and emergency service, including all. of RIVERSIDE'S costs for wages, benefits, transportation, materials, and administrative -Page 2 of 9
accounting it proportion to the percentage of the LOCATIONS owned by MORENO VALLEY as set fortis in the attached Appondix "A", RIVERSIDE shall be responsible for that portion of the total aforementioned costs in proportion to the percentage of the LOCATION owned by RIVERSIDE, moro particularly sot forth in the attached Appendix "A".
•4. Records for the work porforned under this AGREEMENT shall be kept by RIVERSIDE it accordance with standard RIVERSIDE practicos and shall include the costs of all sevices performed. RIVERSIDE shall, ovory six (o) months, submit to MORENO VALLEY, in itonized accouating of the costs of all sorvicos performed under this AGREBMENT (with adequate documentation) toured by RIVERSIDE to date and which have not already been paid ether by RIVERSIDE or MORENO VALLEY and t statement for MORENO YALLEY's proportionate share of said costs,
5. MORENO VALLEY shall pay to RIVERSIDE, ón a reimbursoment basis, an arount equal to the proportionate share of the costs described above within thirty (30) daya after receipt of an femized statenant flom RIVERSIDE as set forth in paragraph 4 above, In the event that MORBNO VALLEY disputes the amounts stated on any itemized statement, MORENO VALLEY stall submit within the sane thirty (30) day period, written notice of such dispute and the basis for the dispute. The PARTIES shall endeavor to resolve any such disputos within a reasonable time after RIVERSIDE receives a notice of' dispute.
This AGREEMENT shall become effeotive thirty (3Ö) culendar daya following the date this AGKEEMENT is approved by MORENO VALLEY City Courell, MORENO VALLEY will provide RIVERSIOR written notice of the offical MORENO VALLEY • City Counoll action approving. the AGREEMENT no later than two weoks following sald •Page 3 of 9
MORENO VALLEY City Comoll actiori. This AGREEMENT shall romain in force and offect untll terminated by any of the partles upon thirty (30) days written notice to the. other party,
7 KERIVERSIDE Is ofthe reasonable opinion that any work RIVERSIDE has been directed to porform is beyond the scopp of this AGRĘEMENT ("Extra Work"), RIVERSIDE shell prompty notly MORENO VALLEY in writing of that opinion and MORENO VALLEY. shall have up to forty-eight (48) hours to approve or dony the "Extra Work". However for purposes of RIVERSIDE proceding to perform the samo, this is not intended to dony MORENO VALLEY their oivil legal remedies in the event of a dispute. In the event MORENO VALLEY agrees that such work does indeed constitute Extre Work and authorizes RIVERSID to porform the Exta Work, MORENO VALLEY shall provide extra gompenantion to RIVERSWE upon fair and equitabile basis in necordance with "RIVERSIDE's standard rate and proportion to the percentage of the LOCATION owned byMORBNO VALLEY, india partoularly set forth its the attached Appendix "A*.
8. • This, AGREEMENT may be amended to inolude or dolete faollities within the definition Of TRAINIC CONTROL DEVICES or to indude or delete other tennis and oonditions of this AGREEMENT by witten amendment, signed by MORENO VALLEY Pabilo •Worka/City Engineer and RIVERSIDE's Publio Works Director, without turker reviow or approval of' the MORENO VALLEY and RIVERSIDE City Cornolls. Any amendmont or modification of this AGREEMENT requiring a supplemental appropriation by RIVERSIDE shall be subject to appioval of the RIVERSIE CIN Councll.
9. RIVERSIDE shall indemnity, defend, and hold harmless MORENO VALLEY, its officers, agents, sorvants, volunteers, and employees from any and all Hability, claims, _Pago 4 of 9
defends, debts, damagen, suits, aotions, and dauses of actions of whutsoever kind, nature or sort, including, but not by way of limitation, wrongful donth, porsonal injury or damage to property, the expenses of the defeuse of said PARTIES ind payment of attorney's foes in any such mainer connected with the actual or alleged nogligent acts or omissions of willful misconduct of RIVERSIDE's otticors, amployees, agents, or volunters in connection with RIVERSIDE performance of its obligations under this AGRENMENT.
MORENO VALLEX shall indumify, dofend, and hold harmless RIVERSIDE Its. oficers, agents, servants; volunteers, and employees from any and all liability, claims. defends, debts, damages, sults, actions, and causes of actions of whatsoover kind, nature or sor, including, but not by way of limitation, wrongful death, porsonal injury or damage to property, the expenses of the dofense of said PARTIES and payment of attorney's feis in any such manner corneoted with the actual or alleged nogligent acts or omissions or willful misconduct of MORENO VALLEY officers, employees, agonts, or volunteers in comestion with MORBNO VALLEY's performançe of its obligations. under this AGREEMENT.
Is the ovent that MORENO VALLBY and/or RIVERSIDE are found to be comparatively at fault for any olaim, action, loss or damage which results fom the rospective abligations underthis AGREEMENT, MORENO VALLEY andor RIVERSIDE shall tridemnity the other to the extent of their corparative fault, as not forth in Governon! Code scotion 895, ef, Beg,
10: "This AGREEMENT contains the entire agreement of the PARTIES with rosyeet to the subject matter horeof, and suporsedes all prior negotiations, understandings, or agreements pertaining to the LOCATIONS,
I1. Atly notice requited or permitted to be sent to each party shall be sent by regular mail, addressed as follows:
CITY OF RIVERSIDE CITY OF MORENO VALLEY
City Traffic Engiteor City Traffic Engineer
3900 Main Street • 14177 Frederick Stroet
Riverside, Culifornia 92522 Moreno Valley, California 92335
12. This AGREEMENT shaill be gavermed by the laws of the State of Callfornia, Any notton or proceeding between RIVERSIDE and MORENO VALLEY, concerning the interprétation of enforcement of this AGREEMENT, or which arises out of or is in any way connected with this AGREEMENT, shall be instituted and prosecuted in the appropriate state court in Riversida, California.
13,: Time is of the essence for bach and évery provision of this AGREEMENT.
14. Since the PARTIES or their agonts bave participated fully in the proparation of this AGREEMENT, the language of this AGREEMENT shall be construed simply, appordingly to its fair meating, and not strictly for any or ngainst any party. Any term:
referencing time, days, or poriod for performanco shall bø deemed onlendar days and not work days, The caption of the various articles and paragraphs ure for convontence and ease ox reference only, and do not deline, litrait, augment, or desortbe the scope, content; or intent of' this AGREEMENT,
15. If i court competoht jurisdiction declares any portion of this AGREEMENT invatia, illegal, or otherwise unenforceabile, the romaining provisions shall continue in full force and effect, unless the purpose of this AGREEMENT is frustrated.
16. MORENO VALLEY acknowledges that RIVERSIE and its hired contractors are required to pay the general provatting wag ratos of per dem wagos and overtime and
holiday wagos determined by the Director of the Department of Industrial Rolations under Section 1720 et seg, of the, California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riveride for porformance of the servioos, and that MORENO VALLEY'# relmbursement obligation to RIVERSTON act forth herein shall be subjest to such costs. The Director's determisation is available online at www ditongovd DR WaRDeerminationan and is roforred to and made a 'part Tereon the wage rates therein ascortained, détermined, and speolfied ace referred to pod rado a part hereof as though fully sot forth horoin.
17, During the PARTIES porformance of this Agement, to "PARTIES shall not discriminate on the grounds of race, religlous croed, color, national origin, ancestry, Age, physical disability, mental disability, médical condition, incuding the medical condition. of Arquired Iminine Delicteney Syndrome (AIDS) or uny condition rolated thereto, marital status, sex, or sexual ationtation, in the selection and reterition of' employeos and subcontrastors and the procurduent of materials and equipment, except as provided in .:Section 12940 of the Callfornia Government Code. Further, the PARTIES further ngree • to conform to the requirenients of the Amerloans with Disabilites Act in the perfonnarice of this Agreement.
18. The PARTIES shall keep fully intormed of foderal, state and loon laws and ordinances and regulatione which in any manner affect those employed by the PARTIES, or in any way effoot the performence of services by the PARTIES pursuant to this Agreement. The PARTIES shall at all times obsorve and comply with all such laws, ordinances and regulazions, and shull be solely rosponsible for any fallure to opmply with all applicable laws, ordinances and regulations,
No action or failure to act by a party shall constitute a waiver of any right or duty afforded the other party under this Agreement, nor shall any such action or failure to act constitute approval of or acgulescence in any breach thereunder, except as may be specifically, provided in thin Agreement or as may be otherwise greed in wrting.
IN WITNESS WHEREOR, the PARTIES hereto have caused this AGREEMENT to be, executed by their duty authorized reprosentatives on Havamber 302010 MORENO VALLEY CITY OF RIVERSIDE, a California charter
oity and munioipal corporation
By: By: Belink A sain;
Mayor City Manager
Attest: Attest;
By: Conical
MORENO By:
RIVERSIDE City Clerk
Approved as to form: Approved as to form
By:
MORENO VALDBY RIVERSIDE
City Attorney's Office City Attorney's Office
APPROVED AS TO CONTENT
By:
MOREN VALLEY
Public Works Director/City Engineer
• Page 8 of 9
APPENDIX"A"
MAINTENANCE AND OPURATION AGREEMENT KOR
TRAFFIC SIGNAL AND SAFETY LIGHTING LOCATIONS WITHIN THE CITIES OF
MORENO VALLEY AND RIVERSIDE
LOCATION & OFOWNERSH
Day Street/Canyon Springs Parkway Moreno Valley **
Riverside *
Day Street/Campus Parkway Moreno Valley
Riverside *
Day Street/Guteway Moreno Valley
Riversido *.
Dey Street/Bucalyptus Avenue. Moreno Valley
Riverside *
Bucalyptus Avonue/Valley Springs Moreno Valley
Riverside *
Alessardro Boulevard/Old 215 Morono Valley
Riverside *
* Denotes maintenance Responstbility
By:
MORENO VALLEY RIVERSIDE
•Public Works Director/City Engineer Public Worka Direstor "Page 9 ots: