Banning City Council
March 12, 2024

Purchasing costs are distributed by the following functions:

Purchasing A - Costs have been allocated based on number of PO's per department.

Purchasing B - Costs have been allocated based on the dollar amount of PO's per department.

MGT Consulting Group Page 80 of 142337
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:6 001-1910 Purchasing
Description Amount General
Admin
Purchasing A Purchasing B
Personnel Costs
Salaries S1 173,617 0 86,809 86,809
Salary % Split .00% 50.00% 50.00%
Benefits S 104,547 0 52,274 52,274
Subtotal - Personnel Costs 278,164 0 139,082 139,082
Services & Supplies Cost
ADVERTISING/PUBLISHING S 250 0 125 125
PRINTING/BINDING S 1,000 0 500 500
DUES/SUBSCRIPTIONS S 2,500 0 1,250 1,250
POSTAGE/MAILING COSTS S 200 0 100 100
TRAVEL/CONFERENCES S 6,000 0 3,000 3,000
STAFF TRAINING S 2,000 0 1,000 1,000
CONTRACT EMPLOYMENT SVCS S 10,800 0 5,400 5,400
COMPUTER SERVICES S 25,000 0 12,500 12,500
MILEAGE REIMB S 500 0 250 250
VISION ALLOWANCE S 500 0 250 250
TELEPHONE SVC S 500 0 250 250
REPAIR/MAINT-SOFTWARE S 6,000 0 3,000 3,000
DEPARTMENTAL SUPPLIES S 6,000 0 3,000 3,000
OVERTIME MEALS S 0 0 0 0
NONCAPITALIZED ASSETS S 0 0 0 0
CONTRA EXPENDITURE D 0 0 0 0
CAPITAL EQUIPMENT D 5,500 0 0 0
Subtotal - Services & Supplies 66,750 0 30,625 30,625
Department Cost Total 344,914 0 169,707 169,707
Adjustments to Cost
CONTRA EXPENDITURE D 0 0 0 0
MGT Consulting Group Page 81 of 142338
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:6 001-1910 Purchasing
Description Amount General
Admin
Purchasing A Purchasing B
CAPITAL EQUIPMENT D (5,500) 0 0 0
Subtotal - Adjustments (5,500) 0 0 0
Total Costs After Adjustments 339,414 0 169,707 169,707 General Admin Distribution 0 0 0
Grand Total $339,414 $169,707 $169,707
MGT Consulting Group Page 82 of 142339
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:6 001-1910 Purchasing Department First
Incoming
Second
Incoming
Purchasing A Purchasing B
1 Council Support - Fiscal $266 $130 $198 $198
1 Council Support - Personnel 648 322 485 485
Subtotal - 001-1000 City Council 913 452 683 683
2 City Mgr Support-Fiscal 1,407 290 849 849
2 City Mgr Support-Personnel 3,433 716 2,074 2,074
Subtotal - 001-1200 City Manager 4,840 1,005 2,923 2,923 3 HR Support 5,385 703 3,044 3,044
Subtotal - 001-1300 Human Resources 5,385 703 3,044 3,044 4 City Clerk Support-Fiscal 108 55 82 82
4 City Clerk Support-Personnel 264 138 201 201
Subtotal - 001-1400 City Clerk 373 193 283 283
5 Budget 1,632 161 896 896
5 Gen'l Accounting 1,183 114 649 649
5 Payroll 2,454 251 1,352 1,352
5 Accounts Payable 382 42 212 212
5 Business License 1,331 142 737 737
5 AR (Non-Utility Billing) 517 52 285 285
5 Contracts 41,966 3,975 22,971 22,971
Subtotal - 001-1900 Fiscal Services 49,464 4,737 27,101 27,101 6 Purchasing A 0 649 324 324
6 Purchasing B 0 31 15 15
Subtotal - 001-1910 Purchasing 0 680 340 340
7 City Hall 0 5,419 2,709 2,709
Subtotal - 001-3200 Building Maintenance 0 5,419 2,709 2,709 8 Central Services- Fiscal 0 2,442 1,221 1,221
8 Central Services- Personnel 0 5,956 2,978 2,978
Subtotal - 001-4500 Central Services 0 8,398 4,199 4,199 10 Info Services Support 0 12,213 6,107 6,107
MGT Consulting Group Page 83 of 142340
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:6 001-1910 Purchasing Department First
Incoming
Second
Incoming
Purchasing A Purchasing B
10 Phone Support $0 $2,127 $1,064 $1,064
10 Security 0 6,132 3,066 3,066
Subtotal - 703 Information Systems Services 0 20,473 10,236 10,236 12 Attorney Support 0 13,474 6,737 6,737
Subtotal - 700-5300 City Attorney 0 13,474 6,737 6,737
Total Incoming 60,976 55,534 58,255 58,255
C. Total Allocated $455,924 $227,962 $227,962

50.00% 50.00%
MGT Consulting Group Page 84 of 142341
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Purchasing A Allocations Dept:6 001-1910 Purchasing
Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(97) 840 BEA Capital Project Fund 14 0.24% $478 $0 $478 $70 $548 (81) 68X Wastewater Operations Fund 294 5.02% 10,040 0 10,040 1,460 11,500 (73) 67X Electric Operations Fund 730 12.45% 24,930 0 24,930 3,625 28,555 (68) 66X Water Operations Fund 592 10.10% 20,218 0 20,218 2,940 23,157 (57) 420 Traffic Control 2 0.03% 68 0 68 10 78
(49) 3XX Agency Funds 5 0.09% 171 0 171 25 196
(18) 001 Police 306 5.22% 10,450 0 10,450 1,519 11,970
1 001-1000 City Council 29 0.49% 990 0 990 0 990
2 001-1200 City Manager 84 1.43% 2,869 0 2,869 0 2,869
3 001-1300 Human Resources 35 0.60% 1,195 0 1,195 0 1,195 4 001-1400 City Clerk 61 1.04% 2,083 0 2,083 0 2,083
5 001-1900 Fiscal Services 42 0.72% 1,434 0 1,434 0 1,434 6 001-1910 Purchasing 19 0.32% 649 0 649 0 649
7 001-3200 Building Maintenance 459 7.83% 15,675 0 15,675 2,279 17,955 8 001-4500 Central Services 88 1.50% 3,005 0 3,005 437 3,442 9 702 Fleet Maintenance 1,147 19.57% 39,172 0 39,172 5,695 44,867 10 703 Information Systems Services 76 1.30% 2,595 0 2,595 377 2,973 14 001-0001 General 1 0.02% 34 0 34 5 39
15 001-1210 Economic Development 24 0.41% 820 0 820 119 939 16 001-1500 Elections 16 0.27% 546 0 546 79 626
17 001-2060 TV Government Access 8 0.14% 273 0 273 40 313 19 001-2210 Dispatch 3 0.05% 102 0 102 15 117
20 001-2300 Animal Control 19 0.32% 649 0 649 94 743
21 001-2400 Fire 12 0.20% 410 0 410 60 469
22 001-2700 Building & Safety 72 1.23% 2,459 0 2,459 358 2,816 23 001-2740 Code Enforcement 46 0.78% 1,571 0 1,571 228 1,799 24 001-2800 Planning 104 1.77% 3,552 0 3,552 516 4,068
25 001-3000 Engineering 97 1.65% 3,313 0 3,313 482 3,794 26 001-3600 Parks 169 2.88% 5,772 0 5,772 839 6,611
27 001-4000 Recreation 185 3.16% 6,318 0 6,318 919 7,237 28 001-4010 Aquatics 63 1.07% 2,152 0 2,152 313 2,464
29 001-4020 Day Care 5 0.09% 171 0 171 25 196
30 001-4050 Senior Center 50 0.85% 1,708 0 1,708 248 1,956 31 001-5400 Community Enhancement 25 0.43% 854 0 854 124 978 32 002 Developer Deposit Fund 7 0.12% 239 0 239 35 274
33 005 SA Adminstration 5 0.09% 171 0 171 25 196
34 100 Gas Tax Street 239 4.08% 8,162 0 8,162 1,187 9,349 35 101 Measure A Street 23 0.39% 785 0 785 114 900
36 102 RMRA (SB1) Gas Tax 4 0.07% 137 0 137 20 156
37 110 C.D.B.G. 12 0.20% 410 0 410 60 469
38 111 Landscape Maintenance Assmt. Dist.#1 19 0.32% 649 0 649 94 743 43 200 Special Donations 12 0.20% 410 0 410 60 469
MGT Consulting Group Page 85 of 142342
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Purchasing A Allocations Dept:6 001-1910 Purchasing
Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
45 201-4050 Senior Center 6 0.10% $205 $0 $205 $30 $235 64 600 Airport 37 0.63% 1,264 0 1,264 184 1,447
66 610 5800 Fixed Route 93 1.59% 3,176 0 3,176 462 3,638 67 610 5850 Dial-A-Ride 54 0.92% 1,844 0 1,844 268 2,112 87 690 Refuse 74 1.26% 2,527 0 2,527 367 2,895
89 700-5020 Workers Compensation 2 0.03% 68 0 68 10 78
92 761-3100 Account & Collection Service 315 5.37% 10,758 0 10,758 1,564 12,322 93 761-3110 Meter Reading & Service 63 1.07% 2,152 0 2,152 313 2,464 95 810 Successor Housing Agency 15 0.26% 512 0 512 74 587 Subtotal 5,862 100.00% 200,195 0 200,195 27,767 227,962 Direct Bills 0 0
Total $200,195 $227,962
Basis Units: Number of PO's per department
Source:

MGT Consulting Group Page 86 of 142343
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Purchasing B Allocations Dept:6 001-1910 Purchasing
Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(97) 840 BEA Capital Project Fund 1,116,675 4.98% $9,973 $0 $9,973 $1,393 $11,365 (81) 68X Wastewater Operations Fund 1,917,817 8.56% 17,128 0 17,128 2,392 19,519 (73) 67X Electric Operations Fund 8,545,599 38.12% 76,319 0 76,319 10,657 86,976 (68) 66X Water Operations Fund 2,803,583 12.51% 25,038 0 25,038 3,496 28,535 (57) 420 Traffic Control 6,298 0.03% 56 0 56 8 64
(49) 3XX Agency Funds 9,385 0.04% 84 0 84 12 96
(18) 001 Police 327,390 1.46% 2,924 0 2,924 408 3,332
1 001-1000 City Council 25,918 0.12% 231 0 231 0 231
2 001-1200 City Manager 48,367 0.22% 432 0 432 0 432
3 001-1300 Human Resources 13,173 0.06% 118 0 118 0 118 4 001-1400 City Clerk 24,091 0.11% 215 0 215 0 215
5 001-1900 Fiscal Services 35,876 0.16% 320 0 320 0 320 6 001-1910 Purchasing 3,454 0.02% 31 0 31 0 31
7 001-3200 Building Maintenance 175,356 0.78% 1,566 0 1,566 219 1,785 8 001-4500 Central Services 21,838 0.10% 195 0 195 27 222 9 702 Fleet Maintenance 448,361 2.00% 4,004 0 4,004 559 4,563 10 703 Information Systems Services 181,609 0.81% 1,622 0 1,622 226 1,848 14 001-0001 General 2,775 0.01% 25 0 25 3 28
15 001-1210 Economic Development 67,111 0.30% 599 0 599 84 683 16 001-1500 Elections 2,573 0.01% 23 0 23 3 26
17 001-2060 TV Government Access 12,699 0.06% 113 0 113 16 129 19 001-2210 Dispatch 1,005 0.00% 9 0 9 1 10
20 001-2300 Animal Control 123,466 0.55% 1,103 0 1,103 154 1,257 21 001-2400 Fire 19,847 0.09% 177 0 177 25 202
22 001-2700 Building & Safety 895,910 4.00% 8,001 0 8,001 1,117 9,119 23 001-2740 Code Enforcement 15,108 0.07% 135 0 135 19 154 24 001-2800 Planning 469,013 2.09% 4,189 0 4,189 585 4,774 25 001-3000 Engineering 1,374,051 6.13% 12,271 0 12,271 1,714 13,985 26 001-3600 Parks 141,685 0.63% 1,265 0 1,265 177 1,442 27 001-4000 Recreation 42,348 0.19% 378 0 378 53 431
28 001-4010 Aquatics 31,697 0.14% 283 0 283 40 323
29 001-4020 Day Care 903 0.00% 8 0 8 1 9
30 001-4050 Senior Center 17,780 0.08% 159 0 159 22 181 31 001-5400 Community Enhancement 54,615 0.24% 488 0 488 68 556 32 002 Developer Deposit Fund 16,206 0.07% 145 0 145 20 165 33 005 SA Adminstration 6,485 0.03% 58 0 58 8 66
34 100 Gas Tax Street 192,105 0.86% 1,716 0 1,716 240 1,955 35 101 Measure A Street 1,464,118 6.53% 13,076 0 13,076 1,826 14,902 36 102 RMRA (SB1) Gas Tax 614,296 2.74% 5,486 0 5,486 766 6,252 37 110 C.D.B.G. 133,151 0.59% 1,189 0 1,189 166 1,355
38 111 Landscape Maintenance Assmt. Dist.#1 54,865 0.24% 490 0 490 68 558 43 200 Special Donations 2,170 0.01% 19 0 19 3 22
MGT Consulting Group Page 87 of 142344
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Purchasing B Allocations Dept:6 001-1910 Purchasing
Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
45 201-4050 Senior Center 1,525 0.01% $14 $0 $14 $2 $16 64 600 Airport 431,683 1.93% 3,855 0 3,855 538 4,394
66 610 5800 Fixed Route 46,178 0.21% 412 0 412 58 470
67 610 5850 Dial-A-Ride 101 0.00% 1 0 1 0 1
87 690 Refuse 98,362 0.44% 878 0 878 123 1,001
89 700-5020 Workers Compensation 500 0.00% 4 0 4 1 5
92 761-3100 Account & Collection Service 185,835 0.83% 1,660 0 1,660 232 1,891 93 761-3110 Meter Reading & Service 9,095 0.04% 81 0 81 11 93 95 810 Successor Housing Agency 182,106 0.81% 1,626 0 1,626 227 1,853 Subtotal 22,416,157 100.00% 200,195 0 200,195 27,767 227,962 Direct Bills 0 0
Total $200,195 $227,962
Basis Units: Dollar amount of PO's per department
Source:

MGT Consulting Group Page 88 of 142345
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:6 001-1910 Purchasing
Department Purchasing A Purchasing B Total
(97) 840 BEA Capital Project Fund $548 $11,365 $11,913
(81) 68X Wastewater Operations Fund 11,500 19,519 31,020 (73) 67X Electric Operations Fund 28,555 86,976 115,532 (68) 66X Water Operations Fund 23,157 28,535 51,692
(57) 420 Traffic Control 78 64 142
(49) 3XX Agency Funds 196 96 291
(18) 001 Police 11,970 3,332 15,302
1 001-1000 City Council 990 231 1,222
2 001-1200 City Manager 2,869 432 3,301
3 001-1300 Human Resources 1,195 118 1,313
4 001-1400 City Clerk 2,083 215 2,298
5 001-1900 Fiscal Services 1,434 320 1,755
6 001-1910 Purchasing 649 31 680
7 001-3200 Building Maintenance 17,955 1,785 19,739
8 001-4500 Central Services 3,442 222 3,665
9 702 Fleet Maintenance 44,867 4,563 49,430
10 703 Information Systems Services 2,973 1,848 4,821
14 001-0001 General 39 28 67
15 001-1210 Economic Development 939 683 1,622
16 001-1500 Elections 626 26 652
17 001-2060 TV Government Access 313 129 442
19 001-2210 Dispatch 117 10 128
20 001-2300 Animal Control 743 1,257 2,000
21 001-2400 Fire 469 202 671
22 001-2700 Building & Safety 2,816 9,119 11,935
23 001-2740 Code Enforcement 1,799 154 1,953
24 001-2800 Planning 4,068 4,774 8,842
25 001-3000 Engineering 3,794 13,985 17,779
26 001-3600 Parks 6,611 1,442 8,053
27 001-4000 Recreation 7,237 431 7,668
28 001-4010 Aquatics 2,464 323 2,787
29 001-4020 Day Care 196 9 205
30 001-4050 Senior Center 1,956 181 2,137
31 001-5400 Community Enhancement 978 556 1,534
32 002 Developer Deposit Fund 274 165 439
33 005 SA Adminstration 196 66 262
34 100 Gas Tax Street 9,349 1,955 11,304
35 101 Measure A Street 900 14,902 15,801
36 102 RMRA (SB1) Gas Tax 156 6,252 6,409
37 110 C.D.B.G. 469 1,355 1,825
38 111 Landscape Maintenance Assmt. Dist.#1 743 558 1,302 MGT Consulting Group Page 89 of 142346
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:6 001-1910 Purchasing
Department Purchasing A Purchasing B Total
43 200 Special Donations $469 $22 $491
45 201-4050 Senior Center 235 16 250
64 600 Airport 1,447 4,394 5,841
66 610 5800 Fixed Route 3,638 470 4,108
67 610 5850 Dial-A-Ride 2,112 1 2,113
87 690 Refuse 2,895 1,001 3,896
89 700-5020 Workers Compensation 78 5 83
92 761-3100 Account & Collection Service 12,322 1,891 14,213 93 761-3110 Meter Reading & Service 2,464 93 2,557
95 810 Successor Housing Agency 587 1,853 2,440
Total $227,962 $227,962 $455,924
001-3200 Building Maintenance
MGT Consulting Group Page 90 of 142347
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
001-3200 Building Maintenance Nature and Extent of Services The 001-3200 Building Maintenance Division provides custodial and building repair services for approximately 32,000 square feet of building space. The majority of repairs are completed in-house by the Building Repair Specialist. All custodial supplies are purchased and provided by this division.

Building Maintenance costs are distributed by the following functions:

Buildings Maintained- Single Use - Costs have been allocated based on amount of square footage per department.

City Hall - Costs have been allocated based on number of City Hall FTE's per department.

City Yard - Costs have been allocated based on number of FTE's per department.

Corp Yard Warehouse - Costs have been allocated based on amount of square footage per department.

Police Station - Costs have been allocated based on number of FTE's per department.

Fleet Maint Office - Costs have been directly allocated to Fleet Maintenance.

Water Shop - Costs have been allocated based on number of FTE's per department.

Community Center - Costs have been allocated based on number of FTE's per department.

MGT Consulting Group Page 91 of 142348
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:7 001-3200 Building Maintenance Description Amount General
Admin
Buildings
MaintainedSingle Use
City Hall City Yard Corp Yard
Warehouse
Police
Station
Fleet Maint
Office
Water Shop
Personnel Costs
Salaries S1 184,727 0 41,609 28,281 8,374 34,463 39,461 12,157 4,538 Salary % Split .00% 22.52% 15.31% 4.53% 18.66% 21.36% 6.58% 2.46% Benefits S 108,532 0 24,446 16,616 4,920 20,248 23,184 7,142 2,666 Subtotal - Personnel Costs 293,259 0 66,056 44,896 13,293 54,711 62,646 19,299 7,204 Services & Supplies Cost
ADVERTISING/PUBLISHING S 111 0 25 17 5 21 24 7 3
ELECTRICIAN SERVICES S 19,889 0 4,480 3,045 902 3,711 4,249 1,309 489 ALARM SERVICE S 4,883 0 1,100 748 221 911 1,043 321 120 PEST ERADICATION SERVICE S 5,116 0 1,152 783 232 954 1,093 337 126 LANDSCAPE MAINTENANCE S 37,464 0 8,439 5,735 1,698 6,989 8,003 2,465 920 UNIFORM PURCHASE/MAINT S 500 0 113 77 23 93 107 33 12
OVERTIME MEALS S 100 0 23 15 5 19 21 7 2
VISION ALLOWANCE S 67 0 15 10 3 12 14 4 2
TELEPHONE SVC S 375 0 84 57 17 70 80 25 9
NATURAL GAS SERVICE S 550 0 124 84 25 103 117 36 14
REPAIR/MAINT-GRNDS/FIELDS S 14,840 0 3,343 2,272 673 2,769 3,170 977 365 REPAIR/MAINT-BUILDINGS S 132,216 0 29,781 20,241 5,993 24,666 28,244 8,701 3,248 REPAIR/MAINT-EQUIPMENT S 4,000 0 901 612 181 746 854 263 98 REPAIR/MAINT AC/HEATING S 23,603 0 5,317 3,613 1,070 4,403 5,042 1,553 580 PROFESSIONAL SERVICES S 146,200 0 32,931 22,382 6,627 27,275 31,231 9,621 3,592 CUSTODIAN SERVICES S 53,295 0 12,005 8,159 2,416 9,943 11,385 3,507 1,309 DEPARTMENTAL SUPPLIES S 3,000 0 676 459 136 560 641 197 74 JANITORIAL SUPPLIES S 16,275 0 3,666 2,492 738 3,036 3,477 1,071 400 BUILDING IMPROVEMENTS S 0 0 0 0 0 0 0 0 0
LICENSES/PERMITS/FEES S 0 0 0 0 0 0 0 0 0
JANITORIAL- PROF & JAN SUPPLIESP 0 0 0 0 0 0 0 0 0
SUPPLIES & SERVICES S 4,757 0 1,071 728 216 887 1,016 313 117 INTERFUND SERVICE PYMTS D 0 0 0 0 0 0 0 0 0
MGT Consulting Group Page 92 of 142349
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:7 001-3200 Building Maintenance Description Amount General
Admin
Buildings
MaintainedSingle Use
City Hall City Yard Corp Yard
Warehouse
Police
Station
Fleet Maint
Office
Water Shop
CAPITAL EQUIP D 8,767 0 0 0 0 0 0 0 0
CAP IMPROV & EQUIP D 280,672 0 0 0 0 0 0 0 0
Subtotal - Services & Supplies 756,680 0 105,245 71,532 21,180 87,169 99,812 30,749 11,478 Department Cost Total 1,049,939 0 171,300 116,428 34,473 141,879 162,457 50,048 18,683 Adjustments to Cost
INTERFUND SERVICE PYMTS D 0 0 0 0 0 0 0 0 0
CAPITAL EQUIP D (8,767) 0 0 0 0 0 0 0 0
CAP IMPROV & EQUIP D (280,672) 0 0 0 0 0 0 0 0
Subtotal - Adjustments (289,439) 0 0 0 0 0 0 0 0
Total Costs After Adjustments 760,500 0 171,300 116,428 34,473 141,879 162,457 50,048 18,683 General Admin Distribution 0 0 0 0 0 0 0 0
Grand Total $760,500 $171,300 $116,428 $34,473 $141,879 $162,457 $50,048 $18,683 MGT Consulting Group Page 93 of 142350
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:7 001-3200 Building Maintenance Description Amount Community
Ctr
Personnel Costs
Salaries S1 184,727 15,845
Salary % Split 8.58%
Benefits S 108,532 9,309
Subtotal - Personnel Costs 293,259 25,154
Services & Supplies Cost
ADVERTISING/PUBLISHING S 111 10
ELECTRICIAN SERVICES S 19,889 1,706
ALARM SERVICE S 4,883 419
PEST ERADICATION SERVICE S 5,116 439
LANDSCAPE MAINTENANCE S 37,464 3,213
UNIFORM PURCHASE/MAINT S 500 43
OVERTIME MEALS S 100 9
VISION ALLOWANCE S 67 6
TELEPHONE SVC S 375 32
NATURAL GAS SERVICE S 550 47
REPAIR/MAINT-GRNDS/FIELDS S 14,840 1,273
REPAIR/MAINT-BUILDINGS S 132,216 11,341
REPAIR/MAINT-EQUIPMENT S 4,000 343
REPAIR/MAINT AC/HEATING S 23,603 2,025
PROFESSIONAL SERVICES S 146,200 12,540
CUSTODIAN SERVICES S 53,295 4,571
DEPARTMENTAL SUPPLIES S 3,000 257
JANITORIAL SUPPLIES S 16,275 1,396
BUILDING IMPROVEMENTS S 0 0
LICENSES/PERMITS/FEES S 0 0
JANITORIAL- PROF & JAN SUPPLIESP 0 0
SUPPLIES & SERVICES S 4,757 408
INTERFUND SERVICE PYMTS D 0 0
MGT Consulting Group Page 94 of 142351
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:7 001-3200 Building Maintenance Description Amount Community
Ctr
CAPITAL EQUIP D 8,767 0
CAP IMPROV & EQUIP D 280,672 0
Subtotal - Services & Supplies 756,680 40,078
Department Cost Total 1,049,939 65,232
Adjustments to Cost
INTERFUND SERVICE PYMTS D 0 0
CAPITAL EQUIP D (8,767) 0
CAP IMPROV & EQUIP D (280,672) 0
Subtotal - Adjustments (289,439) 0
Total Costs After Adjustments 760,500 65,232
General Admin Distribution 0
Grand Total $760,500 $65,232
MGT Consulting Group Page 95 of 142352
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:7 001-3200 Building Maintenance Department First
Incoming
Second
Incoming
Buildings
MaintainedSingle Use
City Hall City Yard Corp Yard
Warehouse
Police
Station
Fleet Maint
Office
Water Shop Community
Ctr
1 Council Support - Fiscal $595 $291 $200 $136 $40 $165 $189 $58 $22 $76 1 Council Support - Personnel 1,296 644 437 297 88 362 414 128 48 166 1 Council Support-Agendas 1,947 967 656 446 132 544 623 192 72 250 Subtotal - 001-1000 City Council 3,837 1,903 1,293 879 260 1,071 1,226 378 141 492 2 City Mgr Support-Fiscal 3,154 649 857 582 172 709 812 250 93 326 2 City Mgr Support-Personnel 6,866 1,432 1,869 1,270 376 1,548 1,773 546 204 712 Subtotal - 001-1200 City Manager 10,020 2,081 2,726 1,852 549 2,257 2,585 796 297 1,038 3 HR Support 10,770 1,406 2,743 1,864 552 2,272 2,601 801 299 1,044 Subtotal - 001-1300 Human Resources 10,770 1,406 2,743 1,864 552 2,272 2,601 801 299 1,044 4 City Clerk Support-Fiscal 243 124 83 56 17 68 78 24 9 31 4 City Clerk Support-Personnel 529 275 181 123 36 150 172 53 20 69 4 City Clerk Support-Agendas 2,490 1,425 882 599 177 730 836 258 96 336 Subtotal - 001-1400 City Clerk 3,262 1,824 1,146 779 231 949 1,086 335 125 436 5 Budget 3,656 360 905 615 182 749 858 264 99 344
5 Gen'l Accounting 5,099 491 1,259 856 253 1,043 1,194 368 137 480 5 Payroll 4,907 502 1,218 828 245 1,009 1,155 356 133 464 5 Accounts Payable 8,387 922 2,097 1,425 422 1,737 1,988 613 229 798 5 Business License 2,983 318 744 505 150 616 705 217 81 283 5 AR (Non-Utility Billing) 4,660 471 1,156 786 233 957 1,096 338 126 440 Subtotal - 001-1900 Fiscal Services 29,693 3,063 7,378 5,015 1,485 6,111 6,997 2,156 805 2,810 6 Purchasing A 15,675 2,279 4,044 2,749 814 3,350 3,835 1,182 441 1,540 6 Purchasing B 1,566 219 402 273 81 333 381 117 44 153
Subtotal - 001-1910 Purchasing 17,242 2,498 4,446 3,022 895 3,683 4,217 1,299 485 1,693 7 City Hall 0 1,806 407 277 82 337 386 119 44 155
7 City Yard 0 1,539 347 236 70 287 329 101 38 132
Subtotal - 001-3200 Building Maintenance 0 3,345 754 512 152 624 715 220 82 287 8 Central Services- Fiscal 0 5,471 1,232 838 248 1,021 1,169 360 134 469 8 Central Services- Personnel 0 11,913 2,683 1,824 540 2,222 2,545 784 293 1,022 MGT Consulting Group Page 96 of 142353
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:7 001-3200 Building Maintenance Department First
Incoming
Second
Incoming
Buildings
MaintainedSingle Use
City Hall City Yard Corp Yard
Warehouse
Police
Station
Fleet Maint
Office
Water Shop Community
Ctr
Subtotal - 001-4500 Central Services $0 $17,384 $3,916 $2,661 $788 $3,243 $3,714 $1,144 $427 $1,491 9 Vehicle Maintenance 0 6,644 1,497 1,017 301 1,240 1,419 437 163 570 Subtotal - 702 Fleet Maintenance 0 6,644 1,497 1,017 301 1,240 1,419 437 163 570 10 Info Services Support 0 3,053 688 467 138 570 652 201 75 262 10 Phone Support 0 1,064 240 163 48 198 227 70 26 91
10 Security 0 2,044 460 313 93 381 437 135 50 175
Subtotal - 703 Information Systems Services 0 6,161 1,388 943 279 1,149 1,316 405 151 528 Total Incoming 74,823 46,309 27,285 18,545 5,491 22,598 25,876 7,972 2,976 10,390 C. Total Allocated $881,632 $198,585 $134,972 $39,964 $164,478 $188,333 $58,019 $21,658 $75,622

22.52% 15.31% 4.53% 18.66% 21.36% 6.58% 2.46% 8.58%
MGT Consulting Group Page 97 of 142354
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Buildings Maintained- Single Use Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 2,000 6.32% $11,896 $0 $11,896 $660 $12,556 (18) 001 Police 2,500 7.90% 14,870 0 14,870 824 15,694
21 001-2400 Fire 10,544 33.33% 62,716 0 62,716 3,477 66,193 27 001-4000 Recreation 1,589 5.02% 9,451 0 9,451 524 9,975 28 001-4010 Aquatics 6,177 19.53% 36,741 0 36,741 2,037 38,778 30 001-4050 Senior Center 6,029 19.06% 35,861 0 35,861 1,988 37,849 64 600 Airport 1,500 4.74% 8,922 0 8,922 495 9,417
103 All Other 1,294 4.09% 7,697 0 7,697 427 8,123
Subtotal 31,633 100.00% 188,154 0 188,154 10,431 198,585 Direct Bills 0 0
Total $188,154 $198,585
Basis Units: Amount of square footage per department
Source:

MGT Consulting Group Page 98 of 142355
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
City Hall Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 3.06 4.32% $5,527 $0 $5,527 $507 $6,034 (73) 67X Electric Operations Fund 2.45 3.46% 4,425 0 4,425 406 4,831 (68) 66X Water Operations Fund 3.52 4.97% 6,358 0 6,358 583 6,941 1 001-1000 City Council 5.00 7.06% 9,031 0 9,031 0 9,031 2 001-1200 City Manager 4.00 5.65% 7,225 0 7,225 0 7,225 3 001-1300 Human Resources 3.00 4.24% 5,419 0 5,419 0 5,419 4 001-1400 City Clerk 2.00 2.82% 3,613 0 3,613 0 3,613
5 001-1900 Fiscal Services 10.00 14.12% 18,063 0 18,063 0 18,063 6 001-1910 Purchasing 3.00 4.24% 5,419 0 5,419 0 5,419
7 001-3200 Building Maintenance 1.00 1.41% 1,806 0 1,806 0 1,806 9 702 Fleet Maintenance 1.00 1.41% 1,806 0 1,806 166 1,972 10 703 Information Systems Services 1.00 1.41% 1,806 0 1,806 166 1,972 15 001-1210 Economic Development 1.00 1.41% 1,806 0 1,806 166 1,972 17 001-2060 TV Government Access 1.00 1.41% 1,806 0 1,806 166 1,972 22 001-2700 Building & Safety 3.00 4.24% 5,419 0 5,419 497 5,916 24 001-2800 Planning 3.00 4.24% 5,419 0 5,419 497 5,916 25 001-3000 Engineering 7.00 9.89% 12,644 0 12,644 1,160 13,803 34 100 Gas Tax Street 1.00 1.41% 1,806 0 1,806 166 1,972 66 610 5800 Fixed Route 0.20 0.28% 361 0 361 33 394
87 690 Refuse 0.57 0.81% 1,030 0 1,030 94 1,124
92 761-3100 Account & Collection Service 10.00 14.12% 18,063 0 18,063 1,656 19,719 93 761-3110 Meter Reading & Service 5.00 7.06% 9,031 0 9,031 828 9,859 Subtotal 70.80 100.00% 127,883 0 127,883 7,090 134,972
Direct Bills 0 0
Total $127,883 $134,972
Basis Units: Number of City Hall FTE's per department
Source:

MGT Consulting Group Page 99 of 142356
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
City Yard Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 0.30 1.22% $462 $0 $462 $27 $488 (73) 67X Electric Operations Fund 16.10 65.45% 24,782 0 24,782 1,432 26,214 (68) 66X Water Operations Fund 0.70 2.85% 1,077 0 1,077 62 1,140 7 001-3200 Building Maintenance 1.00 4.07% 1,539 0 1,539 0 1,539 10 703 Information Systems Services 1.00 4.07% 1,539 0 1,539 89 1,628 34 100 Gas Tax Street 5.10 20.73% 7,850 0 7,850 454 8,304 38 111 Landscape Maintenance Assmt. Dist.#1 0.10 0.41% 154 0 154 9 163 64 600 Airport 0.05 0.20% 77 0 77 4 81
87 690 Refuse 0.25 1.02% 385 0 385 22 407
Subtotal 24.60 100.00% 37,865 0 37,865 2,099 39,964
Direct Bills 0 0
Total $37,865 $39,964
Basis Units: Number of FTE's per department
Source:

MGT Consulting Group Page 100 of 142357
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Corp Yard Warehouse Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(73) 67X Electric Operations Fund 17,500 66.79% $104,090 $0 $104,090 $5,771 $109,861 34 100 Gas Tax Street 8,700 33.21% 51,748 0 51,748 2,869 54,617 Subtotal 26,200 100.00% 155,838 0 155,838 8,639 164,478 Direct Bills 0 0
Total $155,838 $164,478
Basis Units: Amount of square footage per department
Source:

MGT Consulting Group Page 101 of 142358
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Police Station Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(18) 001 Police 39 90.70% $161,842 $0 $161,842 $8,972 $170,814 20 001-2300 Animal Control 2 4.65% 8,300 0 8,300 460 8,760 23 001-2740 Code Enforcement 2 4.65% 8,300 0 8,300 460 8,760 Subtotal 43 100.00% 178,441 0 178,441 9,893 188,333
Direct Bills 0 0
Total $178,441 $188,333
Basis Units: Number of FTE's per department
Source:

MGT Consulting Group Page 102 of 142359
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Fleet Maint Office Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
9 702 Fleet Maintenance 6.00 32.97% $18,123 $0 $18,123 $1,005 $19,127 66 610 5800 Fixed Route 12.20 67.03% 36,849 0 36,849 2,043 38,892 Subtotal 18.20 100.00% 54,972 0 54,972 3,048 58,019
Direct Bills 0 0
Total $54,972 $58,019
Basis Units: Directly allocated to Fleet Maintenance
Source:

MGT Consulting Group Page 103 of 142360
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Water Shop Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 3 20.00% $4,104 $0 $4,104 $228 $4,332 (68) 66X Water Operations Fund 12 80.00% 16,417 0 16,417 910 17,327 Subtotal 15 100.00% 20,521 0 20,521 1,138 21,658
Direct Bills 0 0
Total $20,521 $21,658
Basis Units: Number of FTE's per department
Source:

MGT Consulting Group Page 104 of 142361
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Community Ctr Allocations Dept:7 001-3200 Building Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
27 001-4000 Recreation 3.32 100.00% $71,650 $0 $71,650 $3,972 $75,622 Subtotal 3.32 100.00% 71,650 0 71,650 3,972 75,622
Direct Bills 0 0
Total $71,650 $75,622
Basis Units: Number of FTE's per department
Source:

MGT Consulting Group Page 105 of 142362
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:7 001-3200 Building Maintenance Department Buildings
MaintainedSingle Use
City Hall City Yard Corp Yard
Warehouse
Police
Station
Fleet Maint
Office
Water Shop Community
Ctr
Total
(81) 68X Wastewater Operations Fund $12,556 $6,034 $488 $0 $0 $0 $4,332 $0 $23,410 (73) 67X Electric Operations Fund 0 4,831 26,214 109,861 0 0 0 0 140,906 (68) 66X Water Operations Fund 0 6,941 1,140 0 0 0 17,327 0 25,407 (18) 001 Police 15,694 0 0 0 170,814 0 0 0 186,508
1 001-1000 City Council 0 9,031 0 0 0 0 0 0 9,031
2 001-1200 City Manager 0 7,225 0 0 0 0 0 0 7,225
3 001-1300 Human Resources 0 5,419 0 0 0 0 0 0 5,419
4 001-1400 City Clerk 0 3,613 0 0 0 0 0 0 3,613
5 001-1900 Fiscal Services 0 18,063 0 0 0 0 0 0 18,063
6 001-1910 Purchasing 0 5,419 0 0 0 0 0 0 5,419
7 001-3200 Building Maintenance 0 1,806 1,539 0 0 0 0 0 3,345 9 702 Fleet Maintenance 0 1,972 0 0 0 19,127 0 0 21,099 10 703 Information Systems Services 0 1,972 1,628 0 0 0 0 0 3,600 15 001-1210 Economic Development 0 1,972 0 0 0 0 0 0 1,972 17 001-2060 TV Government Access 0 1,972 0 0 0 0 0 0 1,972 20 001-2300 Animal Control 0 0 0 0 8,760 0 0 0 8,760
21 001-2400 Fire 66,193 0 0 0 0 0 0 0 66,193
22 001-2700 Building & Safety 0 5,916 0 0 0 0 0 0 5,916 23 001-2740 Code Enforcement 0 0 0 0 8,760 0 0 0 8,760
24 001-2800 Planning 0 5,916 0 0 0 0 0 0 5,916
25 001-3000 Engineering 0 13,803 0 0 0 0 0 0 13,803
27 001-4000 Recreation 9,975 0 0 0 0 0 0 75,622 85,597
28 001-4010 Aquatics 38,778 0 0 0 0 0 0 0 38,778
30 001-4050 Senior Center 37,849 0 0 0 0 0 0 0 37,849
34 100 Gas Tax Street 0 1,972 8,304 54,617 0 0 0 0 64,892 38 111 Landscape Maintenance Assmt. Dist.#1 0 0 163 0 0 0 0 0 163 64 600 Airport 9,417 0 81 0 0 0 0 0 9,498
66 610 5800 Fixed Route 0 394 0 0 0 38,892 0 0 39,286
87 690 Refuse 0 1,124 407 0 0 0 0 0 1,531
92 761-3100 Account & Collection Service 0 19,719 0 0 0 0 0 0 19,719 93 761-3110 Meter Reading & Service 0 9,859 0 0 0 0 0 0 9,859 103 All Other 8,123 0 0 0 0 0 0 0 8,123
Total $198,585 $134,972 $39,964 $164,478 $188,333 $58,019 $21,658 $75,622 $881,632 001-4500 Central Services
MGT Consulting Group Page 106 of 142363
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
001-4500 Central Services
Nature and Extent of Services
The Central Services budget unit accounts for municipal expenditure items not directly attributable to individual departmental operations and/or items benefiting all departments. These costs are mostly made up of contract services for the benefit of all the departments in the City.

Central Services costs are distributed by the following functions:

Central Services- Fiscal - Costs have been allocated based on total operating budget per department.

Central Services- Personnel - Costs have been allocated based on number of FTE's per department.

MGT Consulting Group Page 107 of 142364
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:8 001-4500 Central Services
Description Amount General
Admin
Central
ServicesFiscal
Central
ServicesPersonnel
Personnel Costs
Salaries S1 0 0 0 0
Salary % Split .00% .00% .00%
Benefits S 0 0 0 0
Subtotal - Personnel Costs 0 0 0 0
Services & Supplies Cost
POSTAGE/MAILING COSTS S 15,207 0 7,604 7,604
UTILITIES-BANNING S 66,548 0 33,274 33,274
TELEPHONE SVC S 60,316 0 30,158 30,158
NATURAL GAS SERVICE S 6,656 0 3,328 3,328
REPAIR/MAINT-EQUIP S 20,024 0 10,012 10,012
REPAIR/MAINT-SOFTWARE S 3,149 0 1,575 1,575
RENT/LEASE EXPENSE S 11,974 0 5,987 5,987
PROFESSIONAL SERVICES S 163,896 0 81,948 81,948
DEPARTMENTAL SUPPLIES S 10,985 0 5,493 5,493
INTERFUND SVC S 594,643 0 297,322 297,322
OTHER INTERFUND S 224,325 0 112,163 112,163
CITY HALL LEASE S 0 0 0 0
LEASE/PURCHASE PAYMENTS S 0 0 0 0
TRNSFR-GAS TAX STREET FD D 0 0 0 0
TRNSFR-TRANSIT FUND D 0 0 0 0
Subtotal - Services & Supplies 1,177,723 0 588,862 588,862 Department Cost Total 1,177,723 0 588,862 588,862
Adjustments to Cost
TRNSFR-GAS TAX STREET FD D 0 0 0 0
TRNSFR-TRANSIT FUND D 0 0 0 0
Subtotal - Adjustments 0 0 0 0
Total Costs After Adjustments 1,177,723 0 588,862 588,862 General Admin Distribution 0 0 0
Grand Total $1,177,723 $588,862 $588,862
MGT Consulting Group Page 108 of 142365
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Expense%) Dept:8 001-4500 Central Services Department First
Incoming
Second
Incoming
Central
ServicesFiscal
Central
ServicesPersonnel
1 Council Support - Fiscal $281 $138 $209 $209
Subtotal - 001-1000 City Council 281 138 209 209
2 City Mgr Support-Fiscal 1,488 306 897 897
Subtotal - 001-1200 City Manager 1,488 306 897 897
4 City Clerk Support-Fiscal 115 58 86 86
Subtotal - 001-1400 City Clerk 115 58 86 86
5 Budget 1,725 170 947 947
5 Gen'l Accounting 140 14 77 77
5 Accounts Payable 3,299 363 1,831 1,831
5 Business License 1,407 150 779 779
5 AR (Non-Utility Billing) 1,892 191 1,041 1,041
Subtotal - 001-1900 Fiscal Services 8,463 887 4,675 4,675 6 Purchasing A 3,005 437 1,721 1,721
6 Purchasing B 195 27 111 111
Subtotal - 001-1910 Purchasing 3,200 464 1,832 1,832
8 Central Services- Fiscal 0 2,581 1,291 1,291
Subtotal - 001-4500 Central Services 0 2,581 1,291 1,291 11 Liability Insurance 0 358,381 179,190 179,190
Subtotal - 700-5040 Liability Insurance 0 358,381 179,190 179,190 Total Incoming 13,546 362,815 188,181 188,181
C. Total Allocated $1,554,084 $777,042 $777,042

50.00% 50.00%
MGT Consulting Group Page 109 of 142366
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Central Services- Fiscal Allocations Dept:8 001-4500 Central Services Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 2,902,177 3.51% $20,879 $0 $20,879 $6,734 $27,613 (73) 67X Electric Operations Fund 30,157,589 36.43% 216,964 0 216,964 69,972 286,937 (68) 66X Water Operations Fund 7,396,954 8.93% 53,216 0 53,216 17,163 70,379 (57) 420 Traffic Control 1,073 0.00% 8 0 8 2 10
(49) 3XX Agency Funds 4,168 0.01% 30 0 30 10 40
(18) 001 Police 10,348,695 12.50% 74,452 0 74,452 24,011 98,463 1 001-1000 City Council 194,327 0.23% 1,398 0 1,398 0 1,398 2 001-1200 City Manager 682,109 0.82% 4,907 0 4,907 0 4,907 3 001-1300 Human Resources 528,626 0.64% 3,803 0 3,803 0 3,803 4 001-1400 City Clerk 158,480 0.19% 1,140 0 1,140 0 1,140 5 001-1900 Fiscal Services 1,584,322 1.91% 11,398 0 11,398 0 11,398 6 001-1910 Purchasing 339,414 0.41% 2,442 0 2,442 0 2,442 7 001-3200 Building Maintenance 760,500 0.92% 5,471 0 5,471 0 5,471 8 001-4500 Central Services 358,755 0.43% 2,581 0 2,581 0 2,581 9 702 Fleet Maintenance 1,906,839 2.30% 13,718 0 13,718 4,424 18,143 10 703 Information Systems Services 869,038 1.05% 6,252 0 6,252 2,016 8,269 11 700-5040 Liability Insurance 2,727,749 3.29% 19,624 0 19,624 6,329 25,953 12 700-5300 City Attorney 867,414 1.05% 6,240 0 6,240 2,013 8,253 15 001-1210 Economic Development 377,388 0.46% 2,715 0 2,715 876 3,591 16 001-1500 Elections 44,500 0.05% 320 0 320 103 423
17 001-2060 TV Government Access 147,793 0.18% 1,063 0 1,063 343 1,406 19 001-2210 Dispatch 982,865 1.19% 7,071 0 7,071 2,280 9,352 20 001-2300 Animal Control 308,056 0.37% 2,216 0 2,216 715 2,931 21 001-2400 Fire 3,584,207 4.33% 25,786 0 25,786 8,316 34,102 22 001-2700 Building & Safety 1,706,314 2.06% 12,276 0 12,276 3,959 16,235 23 001-2740 Code Enforcement 356,510 0.43% 2,565 0 2,565 827 3,392 24 001-2800 Planning 1,343,064 1.62% 9,662 0 9,662 3,116 12,779 25 001-3000 Engineering 2,475,703 2.99% 17,811 0 17,811 5,744 23,555 26 001-3600 Parks 768,983 0.93% 5,532 0 5,532 1,784 7,317 27 001-4000 Recreation 1,072,878 1.30% 7,719 0 7,719 2,489 10,208 28 001-4010 Aquatics 241,463 0.29% 1,737 0 1,737 560 2,297 29 001-4020 Day Care 58,486 0.07% 421 0 421 136 556
30 001-4050 Senior Center 139,609 0.17% 1,004 0 1,004 324 1,328 31 001-5400 Community Enhancement 102,900 0.12% 740 0 740 239 979 32 002 Developer Deposit Fund 235,497 0.28% 1,694 0 1,694 546 2,241 33 005 SA Adminstration 8,935 0.01% 64 0 64 21 85
34 100 Gas Tax Street 1,333,621 1.61% 9,595 0 9,595 3,094 12,689 37 110 C.D.B.G. 10,000 0.01% 72 0 72 23 95
38 111 Landscape Maintenance Assmt. Dist.#1 218,936 0.26% 1,575 0 1,575 508 2,083 39 132 Air Quality Improvement 3,000 0.00% 22 0 22 7 29 43 200 Special Donations 13,707 0.02% 99 0 99 32 130
45 201-4050 Senior Center 3,075 0.00% 22 0 22 7 29
MGT Consulting Group Page 110 of 142367
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Central Services- Fiscal Allocations Dept:8 001-4500 Central Services Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
46 201-4060 Senior Center Advisory Board 5,300 0.01% $38 $0 $38 $12 $50 48 203 Police Volunteer 787 0.00% 6 0 6 2 7
62 451 Park Development 25,000 0.03% 180 0 180 58 238
64 600 Airport 231,145 0.28% 1,663 0 1,663 536 2,199
66 610 5800 Fixed Route 1,452,528 1.75% 10,450 0 10,450 3,370 13,820 67 610 5850 Dial-A-Ride 29,983 0.04% 216 0 216 70 285
87 690 Refuse 563,178 0.68% 4,052 0 4,052 1,307 5,358
89 700-5020 Workers Compensation 1,066,550 1.29% 7,673 0 7,673 2,475 10,148 90 700-5030 Unemployment Insurance 78,683 0.10% 566 0 566 183 749 92 761-3100 Account & Collection Service 1,425,078 1.72% 10,253 0 10,253 3,306 13,559 93 761-3110 Meter Reading & Service 571,833 0.69% 4,114 0 4,114 1,327 5,441 95 810 Successor Housing Agency 14,443 0.02% 104 0 104 34 137 96 830 Debt Service 1,750 0.00% 13 0 13 4 17
Subtotal 82,791,977 100.00% 595,635 0 595,635 181,407 777,042 Direct Bills 0 0
Total $595,635 $777,042
Basis Units: Total Operating Budget per department
Source:

MGT Consulting Group Page 111 of 142368
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Central Services- Personnel Allocations Dept:8 001-4500 Central Services Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 14 4.67% $27,796 $0 $27,796 $9,441 $37,238 (73) 67X Electric Operations Fund 31 10.33% 61,549 0 61,549 20,906 82,455 (68) 66X Water Operations Fund 24 8.00% 47,651 0 47,651 16,185 63,836 (18) 001 Police 38 12.67% 75,447 0 75,447 25,626 101,073 1 001-1000 City Council 5 1.67% 9,927 0 9,927 0 9,927
2 001-1200 City Manager 2 0.67% 3,971 0 3,971 0 3,971
3 001-1300 Human Resources 3 1.00% 5,956 0 5,956 0 5,956 4 001-1400 City Clerk 2 0.67% 3,971 0 3,971 0 3,971
5 001-1900 Fiscal Services 10 3.33% 19,854 0 19,854 0 19,854 6 001-1910 Purchasing 3 1.00% 5,956 0 5,956 0 5,956
7 001-3200 Building Maintenance 6 2.00% 11,913 0 11,913 0 11,913 9 702 Fleet Maintenance 7 2.33% 13,898 0 13,898 4,721 18,619 10 703 Information Systems Services 2 0.67% 3,971 0 3,971 1,349 5,320 11 700-5040 Liability Insurance 3 1.00% 5,956 0 5,956 2,023 7,979 15 001-1210 Economic Development 1 0.33% 1,985 0 1,985 674 2,660 17 001-2060 TV Government Access 1 0.33% 1,985 0 1,985 674 2,660 19 001-2210 Dispatch 10 3.33% 19,854 0 19,854 6,744 26,598 22 001-2700 Building & Safety 3 1.00% 5,956 0 5,956 2,023 7,979 23 001-2740 Code Enforcement 4 1.33% 7,942 0 7,942 2,698 10,639 24 001-2800 Planning 3 1.00% 5,956 0 5,956 2,023 7,979
25 001-3000 Engineering 7 2.33% 13,898 0 13,898 4,721 18,619 26 001-3600 Parks 7 2.33% 13,898 0 13,898 4,721 18,619
27 001-4000 Recreation 15 5.00% 29,782 0 29,782 10,116 39,897 28 001-4010 Aquatics 26 8.67% 51,622 0 51,622 17,534 69,155 30 001-4050 Senior Center 6 2.00% 11,913 0 11,913 4,046 15,959 34 100 Gas Tax Street 14 4.67% 27,796 0 27,796 9,441 37,238 38 111 Landscape Maintenance Assmt. Dist.#1 2 0.67% 3,971 0 3,971 1,349 5,320 64 600 Airport 5 1.67% 9,927 0 9,927 3,372 13,299
66 610 5800 Fixed Route 18 6.00% 35,738 0 35,738 12,139 47,877 67 610 5850 Dial-A-Ride 3 1.00% 5,956 0 5,956 2,023 7,979 87 690 Refuse 5 1.67% 9,927 0 9,927 3,372 13,299
89 700-5020 Workers Compensation 3 1.00% 5,956 0 5,956 2,023 7,979 90 700-5030 Unemployment Insurance 2 0.67% 3,971 0 3,971 1,349 5,320 92 761-3100 Account & Collection Service 10 3.33% 19,854 0 19,854 6,744 26,598 93 761-3110 Meter Reading & Service 5 1.67% 9,927 0 9,927 3,372 13,299 MGT Consulting Group Page 112 of 142369
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Central Services- Personnel Allocations Dept:8 001-4500 Central Services Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
Subtotal 300 100.00% 595,635 0 595,635 181,407 777,042
Direct Bills 0 0
Total $595,635 $777,042
Basis Units: Number of FTE's per department
Source:

MGT Consulting Group Page 113 of 142370
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:8 001-4500 Central Services
Department Central
ServicesFiscal
Central
ServicesPersonnel
Total
(81) 68X Wastewater Operations Fund $27,613 $37,238 $64,851 (73) 67X Electric Operations Fund 286,937 82,455 369,391 (68) 66X Water Operations Fund 70,379 63,836 134,215
(57) 420 Traffic Control 10 0 10
(49) 3XX Agency Funds 40 0 40
(18) 001 Police 98,463 101,073 199,537
1 001-1000 City Council 1,398 9,927 11,325
2 001-1200 City Manager 4,907 3,971 8,878
3 001-1300 Human Resources 3,803 5,956 9,759
4 001-1400 City Clerk 1,140 3,971 5,111
5 001-1900 Fiscal Services 11,398 19,854 31,253
6 001-1910 Purchasing 2,442 5,956 8,398
7 001-3200 Building Maintenance 5,471 11,913 17,384
8 001-4500 Central Services 2,581 0 2,581
9 702 Fleet Maintenance 18,143 18,619 36,762
10 703 Information Systems Services 8,269 5,320 13,588
11 700-5040 Liability Insurance 25,953 7,979 33,933
12 700-5300 City Attorney 8,253 0 8,253
15 001-1210 Economic Development 3,591 2,660 6,251
16 001-1500 Elections 423 0 423
17 001-2060 TV Government Access 1,406 2,660 4,066
19 001-2210 Dispatch 9,352 26,598 35,950
20 001-2300 Animal Control 2,931 0 2,931
21 001-2400 Fire 34,102 0 34,102
22 001-2700 Building & Safety 16,235 7,979 24,214
23 001-2740 Code Enforcement 3,392 10,639 14,031
24 001-2800 Planning 12,779 7,979 20,758
25 001-3000 Engineering 23,555 18,619 42,174
26 001-3600 Parks 7,317 18,619 25,935
27 001-4000 Recreation 10,208 39,897 50,105
28 001-4010 Aquatics 2,297 69,155 71,453
29 001-4020 Day Care 556 0 556
30 001-4050 Senior Center 1,328 15,959 17,287
31 001-5400 Community Enhancement 979 0 979
32 002 Developer Deposit Fund 2,241 0 2,241
33 005 SA Adminstration 85 0 85
34 100 Gas Tax Street 12,689 37,238 49,926
37 110 C.D.B.G. 95 0 95
38 111 Landscape Maintenance Assmt. Dist.#1 2,083 5,320 7,403 39 132 Air Quality Improvement 29 0 29
43 200 Special Donations 130 0 130
MGT Consulting Group Page 114 of 142371
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:8 001-4500 Central Services
Department Central
ServicesFiscal
Central
ServicesPersonnel
Total
45 201-4050 Senior Center $29 $0 $29
46 201-4060 Senior Center Advisory Board 50 0 50
48 203 Police Volunteer 7 0 7
62 451 Park Development 238 0 238
64 600 Airport 2,199 13,299 15,498
66 610 5800 Fixed Route 13,820 47,877 61,697
67 610 5850 Dial-A-Ride 285 7,979 8,265
87 690 Refuse 5,358 13,299 18,658
89 700-5020 Workers Compensation 10,148 7,979 18,127
90 700-5030 Unemployment Insurance 749 5,320 6,068
92 761-3100 Account & Collection Service 13,559 26,598 40,157 93 761-3110 Meter Reading & Service 5,441 13,299 18,740 95 810 Successor Housing Agency 137 0 137
96 830 Debt Service 17 0 17
Total $777,042 $777,042 $1,554,084
702 Fleet Maintenance
MGT Consulting Group Page 115 of 142372
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
702 Fleet Maintenance Nature and Extent of Services
The Fleet Maintenance Division is responsible for the maintenance and repair of all: · City vehicles and equipment · Transit/Dial-a-Ride vehicles · City fuel acquisition and management Fleet Maintenance costs are distributed by the following functions:

Vehicle Maintenance - Costs have been allocated based on number of hours of vehicle maintenance per department.

CNG Gas Contract - Costs have been allocated based on the amount of gas used per fund.

MGT Consulting Group Page 116 of 142373
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:9 702 Fleet Maintenance
Description Amount General
Admin
Vehicle
Maintenance
CNG Gas
Contract
Personnel Costs
Salaries S1 371,397 0 371,397 0
Salary % Split .00% 100.00% .00%
Benefits S 199,495 0 199,495 0
Subtotal - Personnel Costs 570,892 0 570,892 0
Services & Supplies Cost
ADVERTISING/PUBLISHING S 249 0 249 0
POSTAGE/MAILING COSTS S 16 0 16 0
TRAVEL/CONFERENCES S 1,500 0 1,500 0
STAFF TRAINING S 4,530 0 4,530 0
LAUNDRY/CLEANING S 507 0 507 0
ALARM SERVICE S 420 0 420 0
CONTRACT EMPLOYMENT SVCS S 100 0 100 0
RECYCLING SERVICES S 3,825 0 3,825 0
UNIFORM PURCHASE/MAINT S 3,346 0 3,346 0
TOOL ALLOWANCE S 3,500 0 3,500 0
OVERTIME MEALS S 510 0 510 0
VISION ALLOWANCE S 344 0 344 0
UTILITIES-BANNING S 24,535 0 24,535 0
TELEPHONE SVC S 2,436 0 2,436 0
NATURAL GAS SERVICE S 4,918 0 4,918 0
BUILDING IMPROVEMENTS S 0 0 0 0
COMPUTER HARDWARE S 0 0 0 0
CREDIT CARD FEES S 0 0 0 0
JOINT AGENCY ASSESSMENTS S 0 0 0 0
LEASE/PURCHASE PAYMENTS S 0 0 0 0
LICENSES/PERMITS/FEES S 0 0 0 0
TOOLS S 0 0 0 0
REPAIR/MAINT-BUILDINGS S 8,000 0 8,000 0
MGT Consulting Group Page 117 of 142374
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:9 702 Fleet Maintenance
Description Amount General
Admin
Vehicle
Maintenance
CNG Gas
Contract
REPAIR/MAINT-VEHICLES S 234,109 0 234,109 0
REPAIR/MAINT-EQUIPMENT S 109,887 0 109,887 0
REPAIR/MAINT-SOFTWARE S 10,150 0 10,150 0
REPAIR/MAINT-HDWRE-CNTRCT S 2,535 0 2,535 0
REPAIR/MAINT-AC/HEATING S 15,000 0 15,000 0
RENT/LEASE EXPENSE S 16,830 0 16,830 0
PROFESSIONAL SERVICES S 26,158 0 26,158 0
MEDICAL/PHYSICAL EXAMS S 82 0 82 0
DEPARTMENTAL SUPPLIES S 3,030 0 3,030 0
GASOLINE/DIESEL FUEL S 450,000 0 450,000 0
OIL/LUBRICANTS S 10,680 0 10,680 0
STATE FUEL TAX S (1,502) 0 (1,502) 0
CNG FUEL S 196,200 0 196,200 0
SUPPLIES & SERVICES S 204,052 0 204,052 0
INTERFUND S 180,403 0 180,403 0
CAP IMPROV & EQUIP D 130,000 0 0 0
Subtotal - Services & Supplies 1,646,350 0 1,516,350 0
Department Cost Total 2,217,242 0 2,087,242 0
Adjustments to Cost
CAP IMPROV & EQUIP D (130,000) 0 0 0
Subtotal - Adjustments (130,000) 0 0 0
Total Costs After Adjustments 2,087,242 0 2,087,242 0
General Admin Distribution 0 0 0
Grand Total $2,087,242 $2,087,242 $0
MGT Consulting Group Page 118 of 142375
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:9 702 Fleet Maintenance Department First
Incoming
Second
Incoming
Vehicle
Maintenance
CNG Gas
Contract
1 Council Support - Fiscal $1,492 $731 $2,223 $0
1 Council Support - Personnel 1,511 751 2,263 0
1 Council Support-Agendas 1,770 879 2,649 0
Subtotal - 001-1000 City Council 4,773 2,361 7,135 0
2 City Mgr Support-Fiscal 7,907 1,627 9,534 0
2 City Mgr Support-Personnel 8,010 1,670 9,681 0
Subtotal - 001-1200 City Manager 15,917 3,297 19,215 0
3 HR Support 12,565 1,640 14,205 0
Subtotal - 001-1300 Human Resources 12,565 1,640 14,205 0 4 City Clerk Support-Fiscal 609 310 919 0
4 City Clerk Support-Personnel 617 321 938 0
4 City Clerk Support-Agendas 2,264 1,295 3,559 0
Subtotal - 001-1400 City Clerk 3,489 1,927 5,416 0
5 Budget 9,167 903 10,069 0
5 Gen'l Accounting 2,850 275 3,125 0
5 Payroll 5,725 585 6,310 0
5 Accounts Payable 29,050 3,192 32,243 0
5 AR (Non-Utility Billing) 12,116 1,225 13,341 0
Subtotal - 001-1900 Fiscal Services 58,908 6,180 65,088 0 6 Purchasing A 39,172 5,695 44,867 0
6 Purchasing B 4,004 559 4,563 0
Subtotal - 001-1910 Purchasing 43,176 6,255 49,430 0
7 City Hall 1,806 166 1,972 0
7 Fleet Maint Office 18,123 1,005 19,127 0
Subtotal - 001-3200 Building Maintenance 19,929 1,170 21,099 0 8 Central Services- Fiscal 13,718 4,424 18,143 0
8 Central Services- Personnel 13,898 4,721 18,619 0
Subtotal - 001-4500 Central Services 27,617 9,145 36,762 0 9 Vehicle Maintenance 0 10,298 10,298 0
MGT Consulting Group Page 119 of 142376
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:9 702 Fleet Maintenance Department First
Incoming
Second
Incoming
Vehicle
Maintenance
CNG Gas
Contract
9 CNG Gas Contract $0 $0 $0 $0
Subtotal - 702 Fleet Maintenance 0 10,298 10,298 0
10 Info Services Support 0 9,160 9,160 0
10 Phone Support 0 4,255 4,255 0
10 Security 0 2,044 2,044 0
Subtotal - 703 Information Systems Services 0 15,459 15,459 0 Total Incoming 186,374 57,732 244,107 0
C. Total Allocated $2,331,349 $2,331,349 $0
100.00%
MGT Consulting Group Page 120 of 142377
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Vehicle Maintenance Allocations Dept:9 702 Fleet Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 3,771 2.24% $51,030 $0 $51,030 $1,306 $52,336 (73) 67X Electric Operations Fund 8,855 5.27% 119,829 0 119,829 3,066 122,894 (68) 66X Water Operations Fund 7,847 4.67% 106,188 0 106,188 2,717 108,905 (18) 001 Police 20,672 12.30% 279,740 0 279,740 7,157 286,896 7 001-3200 Building Maintenance 491 0.29% 6,644 0 6,644 0 6,644 9 702 Fleet Maintenance 761 0.45% 10,298 0 10,298 0 10,298 22 001-2700 Building & Safety 159 0.09% 2,152 0 2,152 55 2,207 26 001-3600 Parks 4,662 2.77% 63,088 0 63,088 1,614 64,702 34 100 Gas Tax Street 10,789 6.42% 146,000 0 146,000 3,735 149,735 66 610 5800 Fixed Route 92,779 55.22% 1,255,514 0 1,255,514 32,120 1,287,633 67 610 5850 Dial-A-Ride 15,871 9.45% 214,771 0 214,771 5,494 220,266 93 761-3110 Meter Reading & Service 1,357 0.81% 18,363 0 18,363 470 18,833 Subtotal 168,014 100.00% 2,273,616 0 2,273,616 57,732 2,331,349 Direct Bills 0 0
Total $2,273,616 $2,331,349
Basis Units: Number of hours of vehicle maintenance per department Source:

MGT Consulting Group Page 121 of 142378
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
CNG Gas Contract Allocations Dept:9 702 Fleet Maintenance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 7,509 1.07% $0 $0 $0 $0 $0 (73) 67X Electric Operations Fund 56,486 8.05% 0 0 0 0 0 (68) 66X Water Operations Fund 128,936 18.38% 0 0 0 0 0 (18) 001 Police 325,432 46.38% 0 0 0 0 0
9 702 Fleet Maintenance 24,616 3.51% 0 0 0 0 0
21 001-2400 Fire 1,429 0.20% 0 0 0 0 0
22 001-2700 Building & Safety 5,228 0.75% 0 0 0 0 0
25 001-3000 Engineering 7,104 1.01% 0 0 0 0 0
26 001-3600 Parks 19,731 2.81% 0 0 0 0 0
34 100 Gas Tax Street 37,045 5.28% 0 0 0 0 0
66 610 5800 Fixed Route 16,079 2.29% 0 0 0 0 0
67 610 5850 Dial-A-Ride 51,411 7.33% 0 0 0 0 0
93 761-3110 Meter Reading & Service 20,671 2.95% 0 0 0 0 0 Subtotal 701,677 100.00% 0 0 0 0 0
Direct Bills 0 0
Total $0 $0
Basis Units: Amount of gas used per fund
Source:

MGT Consulting Group Page 122 of 142379
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:9 702 Fleet Maintenance
Department Vehicle
Maintenance
CNG Gas
Contract
Total
(81) 68X Wastewater Operations Fund $52,336 $0 $52,336
(73) 67X Electric Operations Fund 122,894 0 122,894
(68) 66X Water Operations Fund 108,905 0 108,905
(18) 001 Police 286,896 0 286,896
7 001-3200 Building Maintenance 6,644 0 6,644
9 702 Fleet Maintenance 10,298 0 10,298
22 001-2700 Building & Safety 2,207 0 2,207
26 001-3600 Parks 64,702 0 64,702
34 100 Gas Tax Street 149,735 0 149,735
66 610 5800 Fixed Route 1,287,633 0 1,287,633
67 610 5850 Dial-A-Ride 220,266 0 220,266
93 761-3110 Meter Reading & Service 18,833 0 18,833
Total $2,331,349 $0 $2,331,349
703 Information Systems Services
MGT Consulting Group Page 123 of 142380
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
703 Information Systems Services Nature and Extent of Services The Information Systems Services Department (IS) has operational, strategic and fiscal responsibility for the innovation, implementation and advancement of technology for the City of Banning. The IS Group is customer-centered and driven by its commitment to the City employees.

Information Services main focal areas are: · Network Administration & End-User Support · Network Security & Website maintenance · Implementation & support of all City computer systems Information Systems Services costs are distributed by the following functions:

Info Services Support - Costs have been allocated based on number of pc's, laptops and printers per department.

Phone Support - Costs have been allocated based on number of phones per department.

Security - Costs have been allocated based on number of City Hall FTE's per department.

MGT Consulting Group Page 124 of 142381
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:10 703 Information Systems Services Description Amount General
Admin
Info Services
Support
Phone
Support
Security
Personnel Costs
Salaries S1 354,032 0 247,822 70,806 35,403
Salary % Split .00% 70.00% 20.00% 10.00%
Benefits S 203,232 0 142,262 40,646 20,323
Subtotal - Personnel Costs 557,264 0 390,085 111,453 55,726 Services & Supplies Cost
POSTAGE/MAILING COSTS S 50 0 35 10 5
STAFF TRAINING S 3,000 0 2,100 600 300
OVERTIME MEALS S 80 0 56 16 8
VISION ALLOWANCE S 600 0 420 120 60
TELEPHONE SVC S 2,500 0 1,750 500 250
REPAIR/MAINT-SOFTWARE S 222,419 0 155,693 44,484 22,242 REPAIR/MAINT-HDWRE CNTRCT S 27,747 0 19,423 5,549 2,775 REPAIR/MAINT-HDWRE PRTS/SVC S 1,000 0 700 200 100
COMPUTER SOFTWARE S 0 0 0 0 0
COMPUTER HARDWARE S 0 0 0 0 0
COMPUTER SUPPLIES S 0 0 0 0 0
DEPARTMENTAL SUPPLIES S 3,000 0 2,100 600 300
PROFESSIONAL SERVICES P 51,378 0 0 0 51,378
INTERFUND S 74,652 0 52,256 14,930 7,465
CAPITAL EQUIPMENT D 37,074 0 0 0 0
CAP IMPROV & EQUIP D 1,448,500 0 0 0 0
Subtotal - Services & Supplies 1,872,000 0 234,534 67,010 84,883 Department Cost Total 2,429,264 0 624,618 178,462 140,609 Adjustments to Cost
CAPITAL EQUIPMENT D (37,074) 0 0 0 0
CAP IMPROV & EQUIP D (1,448,500) 0 0 0 0
MGT Consulting Group Page 125 of 142382
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:10 703 Information Systems Services Description Amount General
Admin
Info Services
Support
Phone
Support
Security
Subtotal - Adjustments (1,485,574) 0 0 0 0
Total Costs After Adjustments 943,690 0 624,618 178,462 140,609 General Admin Distribution 0 0 0 0
Grand Total $943,690 $624,618 $178,462 $140,609
MGT Consulting Group Page 126 of 142383
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:10 703 Information Systems Services Department First
Incoming
Second
Incoming
Info Services
Support
Phone
Support
Security
1 Council Support - Fiscal $680 $333 $709 $203 $101
1 Council Support - Personnel 432 215 453 129 65
1 Council Support-Agendas 708 352 742 212 106
Subtotal - 001-1000 City Council 1,820 899 1,903 544 272 2 City Mgr Support-Fiscal 3,604 742 3,042 869 435
2 City Mgr Support-Personnel 2,289 477 1,936 553 277
Subtotal - 001-1200 City Manager 5,892 1,219 4,978 1,422 711 3 HR Support 3,590 469 2,841 812 406
Subtotal - 001-1300 Human Resources 3,590 469 2,841 812 406 4 City Clerk Support-Fiscal 277 141 293 84 42
4 City Clerk Support-Personnel 176 92 188 54 27
4 City Clerk Support-Agendas 906 518 997 285 142
Subtotal - 001-1400 City Clerk 1,359 751 1,477 422 211
5 Budget 4,178 411 3,212 918 459
5 Gen'l Accounting 1,560 150 1,197 342 171
5 Payroll 1,636 167 1,262 361 180
5 Accounts Payable 2,205 242 1,713 490 245
5 AR (Non-Utility Billing) 1,098 111 846 242 121
Subtotal - 001-1900 Fiscal Services 10,677 1,082 8,232 2,352 1,176 6 Purchasing A 2,595 377 2,081 595 297
6 Purchasing B 1,622 226 1,294 370 185
Subtotal - 001-1910 Purchasing 4,217 604 3,375 964 482
7 City Hall 1,806 166 1,380 394 197
7 City Yard 1,539 89 1,140 326 163
Subtotal - 001-3200 Building Maintenance 3,345 255 2,520 720 360 8 Central Services- Fiscal 6,252 2,016 5,788 1,654 827
8 Central Services- Personnel 3,971 1,349 3,724 1,064 532 Subtotal - 001-4500 Central Services 10,223 3,365 9,512 2,718 1,359 10 Info Services Support 0 30,533 21,373 6,107 3,053
MGT Consulting Group Page 127 of 142384
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Salary%) Dept:10 703 Information Systems Services Department First
Incoming
Second
Incoming
Info Services
Support
Phone
Support
Security
10 Phone Support $0 $4,255 $2,978 $851 $425
10 Security 0 2,044 1,431 409 204
Subtotal - 703 Information Systems Services 0 36,832 25,782 7,366 3,683 11 Liability Insurance 0 417,762 292,433 83,552 41,776
Subtotal - 700-5040 Liability Insurance 0 417,762 292,433 83,552 41,776 Total Incoming 41,124 463,238 353,053 100,872 50,436
C. Total Allocated $1,448,052 $977,672 $279,335 $191,045

67.52% 19.29% 13.19%
MGT Consulting Group Page 128 of 142385
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Info Services Support Allocations Dept:10 703 Information Systems Services Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 2 0.93% $6,107 $0 $6,107 $3,793 $9,899 (73) 67X Electric Operations Fund 41 19.16% 125,185 0 125,185 77,748 202,933 (68) 66X Water Operations Fund 11 5.14% 33,586 0 33,586 20,859 54,445 (18) 001 Police 48 22.43% 146,558 0 146,558 91,022 237,580 1 001-1000 City Council 4 1.87% 12,213 0 12,213 0 12,213 2 001-1200 City Manager 7 3.27% 21,373 0 21,373 0 21,373 3 001-1300 Human Resources 4 1.87% 12,213 0 12,213 0 12,213 4 001-1400 City Clerk 1 0.47% 3,053 0 3,053 0 3,053
5 001-1900 Fiscal Services 9 4.21% 27,480 0 27,480 0 27,480 6 001-1910 Purchasing 4 1.87% 12,213 0 12,213 0 12,213
7 001-3200 Building Maintenance 1 0.47% 3,053 0 3,053 0 3,053 9 702 Fleet Maintenance 3 1.40% 9,160 0 9,160 0 9,160
10 703 Information Systems Services 10 4.67% 30,533 0 30,533 0 30,533 15 001-1210 Economic Development 1 0.47% 3,053 0 3,053 1,896 4,950 17 001-2060 TV Government Access 4 1.87% 12,213 0 12,213 7,585 19,798 20 001-2300 Animal Control 1 0.47% 3,053 0 3,053 1,896 4,950 21 001-2400 Fire 1 0.47% 3,053 0 3,053 1,896 4,950
22 001-2700 Building & Safety 5 2.34% 15,266 0 15,266 9,481 24,748 23 001-2740 Code Enforcement 3 1.40% 9,160 0 9,160 5,689 14,849 24 001-2800 Planning 7 3.27% 21,373 0 21,373 13,274 34,647 25 001-3000 Engineering 13 6.07% 39,693 0 39,693 24,652 64,345 27 001-4000 Recreation 11 5.14% 33,586 0 33,586 20,859 54,445 34 100 Gas Tax Street 2 0.93% 6,107 0 6,107 3,793 9,899 64 600 Airport 1 0.47% 3,053 0 3,053 1,896 4,950
65 610 Transit Operations 4 1.87% 12,213 0 12,213 7,585 19,798 91 761 Utility Billing Administration 16 7.48% 48,853 0 48,853 30,341 79,193 Subtotal 214 100.00% 653,405 0 653,405 324,266 977,672
Direct Bills 0 0
Total $653,405 $977,672
Basis Units: Number of pc's, laptops and printers per department Source:

MGT Consulting Group Page 129 of 142386
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Phone Support Allocations Dept:10 703 Information Systems Services Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 8 2.28% $4,255 $0 $4,255 $2,583 $6,837 (73) 67X Electric Operations Fund 75 21.37% 39,890 0 39,890 24,211 64,101 (68) 66X Water Operations Fund 27 7.69% 14,361 0 14,361 8,716 23,077 (18) 001 Police 41 11.68% 21,807 0 21,807 13,235 35,042 1 001-1000 City Council 7 1.99% 3,723 0 3,723 0 3,723
2 001-1200 City Manager 12 3.42% 6,382 0 6,382 0 6,382
3 001-1300 Human Resources 5 1.42% 2,659 0 2,659 0 2,659 4 001-1400 City Clerk 2 0.57% 1,064 0 1,064 0 1,064
5 001-1900 Fiscal Services 16 4.56% 8,510 0 8,510 0 8,510 6 001-1910 Purchasing 4 1.14% 2,127 0 2,127 0 2,127
7 001-3200 Building Maintenance 2 0.57% 1,064 0 1,064 0 1,064 9 702 Fleet Maintenance 8 2.28% 4,255 0 4,255 0 4,255
10 703 Information Systems Services 8 2.28% 4,255 0 4,255 0 4,255 15 001-1210 Economic Development 2 0.57% 1,064 0 1,064 646 1,709 17 001-2060 TV Government Access 3 0.85% 1,596 0 1,596 968 2,564 19 001-2210 Dispatch 2 0.57% 1,064 0 1,064 646 1,709
20 001-2300 Animal Control 4 1.14% 2,127 0 2,127 1,291 3,419 21 001-2400 Fire 1 0.28% 532 0 532 323 855
22 001-2700 Building & Safety 5 1.42% 2,659 0 2,659 1,614 4,273 23 001-2740 Code Enforcement 4 1.14% 2,127 0 2,127 1,291 3,419 24 001-2800 Planning 19 5.41% 10,106 0 10,106 6,133 16,239 25 001-3000 Engineering 15 4.27% 7,978 0 7,978 4,842 12,820 26 001-3600 Parks 16 4.56% 8,510 0 8,510 5,165 13,675
27 001-4000 Recreation 1 0.28% 532 0 532 323 855
30 001-4050 Senior Center 4 1.14% 2,127 0 2,127 1,291 3,419 34 100 Gas Tax Street 7 1.99% 3,723 0 3,723 2,260 5,983 64 600 Airport 1 0.28% 532 0 532 323 855
66 610 5800 Fixed Route 28 7.98% 14,892 0 14,892 9,039 23,931 67 610 5850 Dial-A-Ride 4 1.14% 2,127 0 2,127 1,291 3,419 92 761-3100 Account & Collection Service 15 4.27% 7,978 0 7,978 4,842 12,820 93 761-3110 Meter Reading & Service 5 1.42% 2,659 0 2,659 1,614 4,273 Subtotal 351 100.00% 186,687 0 186,687 92,648 279,335
Direct Bills 0 0
Total $186,687 $279,335
Basis Units: Number of phones per department
Source:

MGT Consulting Group Page 130 of 142387
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Security Allocations Dept:10 703 Information Systems Services Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 3.06 4.32% $6,255 $0 $6,255 $3,474 $9,729 (73) 67X Electric Operations Fund 2.45 3.46% 5,008 0 5,008 2,782 7,790 (68) 66X Water Operations Fund 3.52 4.97% 7,195 0 7,195 3,997 11,192 1 001-1000 City Council 5.00 7.06% 10,220 0 10,220 0 10,220 2 001-1200 City Manager 4.00 5.65% 8,176 0 8,176 0 8,176 3 001-1300 Human Resources 3.00 4.24% 6,132 0 6,132 0 6,132 4 001-1400 City Clerk 2.00 2.82% 4,088 0 4,088 0 4,088
5 001-1900 Fiscal Services 10.00 14.12% 20,441 0 20,441 0 20,441 6 001-1910 Purchasing 3.00 4.24% 6,132 0 6,132 0 6,132
7 001-3200 Building Maintenance 1.00 1.41% 2,044 0 2,044 0 2,044 9 702 Fleet Maintenance 1.00 1.41% 2,044 0 2,044 0 2,044 10 703 Information Systems Services 1.00 1.41% 2,044 0 2,044 0 2,044 15 001-1210 Economic Development 1.00 1.41% 2,044 0 2,044 1,135 3,179 17 001-2060 TV Government Access 1.00 1.41% 2,044 0 2,044 1,135 3,179 22 001-2700 Building & Safety 3.00 4.24% 6,132 0 6,132 3,406 9,538 24 001-2800 Planning 3.00 4.24% 6,132 0 6,132 3,406 9,538 25 001-3000 Engineering 7.00 9.89% 14,309 0 14,309 7,948 22,256 34 100 Gas Tax Street 1.00 1.41% 2,044 0 2,044 1,135 3,179 66 610 5800 Fixed Route 0.20 0.28% 409 0 409 227 636
87 690 Refuse 0.57 0.81% 1,165 0 1,165 647 1,812
92 761-3100 Account & Collection Service 10.00 14.12% 20,441 0 20,441 11,354 31,795 93 761-3110 Meter Reading & Service 5.00 7.06% 10,220 0 10,220 5,677 15,897 Subtotal 70.80 100.00% 144,722 0 144,722 46,324 191,045 Direct Bills 0 0
Total $144,722 $191,045
Basis Units: Number of City Hall FTE's per department
Source:

MGT Consulting Group Page 131 of 142388
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:10 703 Information Systems Services Department Info Services
Support
Phone
Support
Security Total
(81) 68X Wastewater Operations Fund $9,899 $6,837 $9,729 $26,466 (73) 67X Electric Operations Fund 202,933 64,101 7,790 274,824 (68) 66X Water Operations Fund 54,445 23,077 11,192 88,714 (18) 001 Police 237,580 35,042 0 272,622
1 001-1000 City Council 12,213 3,723 10,220 26,157
2 001-1200 City Manager 21,373 6,382 8,176 35,932
3 001-1300 Human Resources 12,213 2,659 6,132 21,005
4 001-1400 City Clerk 3,053 1,064 4,088 8,205
5 001-1900 Fiscal Services 27,480 8,510 20,441 56,431
6 001-1910 Purchasing 12,213 2,127 6,132 20,473
7 001-3200 Building Maintenance 3,053 1,064 2,044 6,161 9 702 Fleet Maintenance 9,160 4,255 2,044 15,459
10 703 Information Systems Services 30,533 4,255 2,044 36,832 15 001-1210 Economic Development 4,950 1,709 3,179 9,838 17 001-2060 TV Government Access 19,798 2,564 3,179 25,542 19 001-2210 Dispatch 0 1,709 0 1,709
20 001-2300 Animal Control 4,950 3,419 0 8,368
21 001-2400 Fire 4,950 855 0 5,804
22 001-2700 Building & Safety 24,748 4,273 9,538 38,560 23 001-2740 Code Enforcement 14,849 3,419 0 18,268
24 001-2800 Planning 34,647 16,239 9,538 60,425
25 001-3000 Engineering 64,345 12,820 22,256 99,421
26 001-3600 Parks 0 13,675 0 13,675
27 001-4000 Recreation 54,445 855 0 55,300
30 001-4050 Senior Center 0 3,419 0 3,419
34 100 Gas Tax Street 9,899 5,983 3,179 19,061
64 600 Airport 4,950 855 0 5,804
65 610 Transit Operations 19,798 0 0 19,798
66 610 5800 Fixed Route 0 23,931 636 24,567
67 610 5850 Dial-A-Ride 0 3,419 0 3,419
87 690 Refuse 0 0 1,812 1,812
91 761 Utility Billing Administration 79,193 0 0 79,193 92 761-3100 Account & Collection Service 0 12,820 31,795 44,615 93 761-3110 Meter Reading & Service 0 4,273 15,897 20,171 Total $977,672 $279,335 $191,045 $1,448,052
700-5040 Liability Insurance
MGT Consulting Group Page 132 of 142389
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
700-5040 Liability Insurance Nature and Extent of Services Liability Insurance is managed by one of the four divisions in the Human Resources Department that offers a variety of services to promote the health, well-being, safety, economic and career growth of its many talented and hard-working employees.

Liability Insurance costs are distributed by the following function:

Liability Insurance - Costs have been allocated based on amount of Liability charges per department.

MGT Consulting Group Page 133 of 142390
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:11 700-5040 Liability Insurance Description Amount General
Admin
Liability
Insurance
Personnel Costs
Salaries S1 53,949 0 53,949
Salary % Split .00% 100.00%
Benefits S 28,668 0 28,668
Subtotal - Personnel Costs 82,617 0 82,617
Services & Supplies Cost
POSTAGE/MAILING COSTS S 4 0 4
MISC CONTRACT SVC S 8,400 0 8,400
PROPERTY INS PREMIUMS D 708,000 0 0
LIABILITY INS PREMIUMS S 1,436,163 0 1,436,163
BLANKET BOND PREMIUMS S 2,674 0 2,674
AIRPORT LIAB PREMIUMS S 9,428 0 9,428
EARTHQUAKE INS PREMIUM S 183,600 0 183,600
REPAIR/MAINT-SOFTWARE S 828 0 828
LEGAL SERVICES S 2,280 0 2,280
PROFESSIONAL SERVICES D 239,000 0 0
CLAIMS-LIABILITY S 0 0 0
DEADLY WEAPON RESP PREM S 0 0 0
INTERFUND SVC-FINANCIAL S 0 0 0
SUPPLIES & SERVICES S 54,755 0 54,755
INTERFUND S 39,721 0 39,721
Subtotal - Services & Supplies 2,684,853 0 1,737,853
Department Cost Total 2,767,470 0 1,820,470
Adjustments to Cost
PROPERTY INS PREMIUMS D (708,000) 0 0
PROFESSIONAL SERVICES D (239,000) 0 0
Subtotal - Adjustments (947,000) 0 0
Total Costs After Adjustments 1,820,470 0 1,820,470
General Admin Distribution 0 0
Grand Total $1,820,470 $1,820,470
MGT Consulting Group Page 134 of 142391
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Custom%) Dept:11 700-5040 Liability Insurance Department First
Incoming
Second
Incoming
Liability
Insurance
1 Council Support - Fiscal $2,134 $1,046 $3,180
1 Council Support - Personnel 648 322 970
Subtotal - 001-1000 City Council 2,782 1,367 4,149
2 City Mgr Support-Fiscal 11,311 2,328 13,639
2 City Mgr Support-Personnel 3,433 716 4,149
Subtotal - 001-1200 City Manager 14,744 3,044 17,788
3 HR Support 5,385 703 6,088
Subtotal - 001-1300 Human Resources 5,385 703 6,088
4 City Clerk Support-Fiscal 871 444 1,315
4 City Clerk Support-Personnel 264 138 402
Subtotal - 001-1400 City Clerk 1,135 582 1,717
5 Budget 13,113 1,291 14,404
5 Gen'l Accounting 848 82 929
5 Payroll 2,454 251 2,704
5 Accounts Payable 1,615 177 1,792
5 AR (Non-Utility Billing) 969 98 1,067
Subtotal - 001-1900 Fiscal Services 18,998 1,899 20,897 8 Central Services- Fiscal 19,624 6,329 25,953
8 Central Services- Personnel 5,956 2,023 7,979
Subtotal - 001-4500 Central Services 25,581 8,352 33,933 Total Incoming 68,625 15,947 84,572
C. Total Allocated $1,905,042 $1,905,042
100.00%
MGT Consulting Group Page 135 of 142392
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Liability Insurance Allocations Dept:11 700-5040 Liability Insurance Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(81) 68X Wastewater Operations Fund 42,261 2.92% $55,160 $0 $55,160 $790 $55,950 (73) 67X Electric Operations Fund 343,981 23.77% 448,972 0 448,972 6,433 455,405 (68) 66X Water Operations Fund 76,277 5.27% 99,559 0 99,559 1,427 100,985 8 001-4500 Central Services 274,574 18.97% 358,381 0 358,381 0 358,381 10 703 Information Systems Services 320,069 22.11% 417,762 0 417,762 0 417,762 34 100 Gas Tax Street 284,369 19.65% 371,165 0 371,165 5,318 376,483 64 600 Airport 6,258 0.43% 8,168 0 8,168 117 8,285
66 610 5800 Fixed Route 74,012 5.11% 96,602 0 96,602 1,384 97,986 67 610 5850 Dial-A-Ride 14,098 0.97% 18,401 0 18,401 264 18,665 87 690 Refuse 11,435 0.79% 14,925 0 14,925 214 15,139
Subtotal 1,447,334 100.00% 1,889,095 0 1,889,095 15,947 1,905,042 Direct Bills 0 0
Total $1,889,095 $1,905,042
Basis Units: Amount of Liability charges per department Source:

MGT Consulting Group Page 136 of 142393
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:11 700-5040 Liability Insurance Department Liability
Insurance
Total
(81) 68X Wastewater Operations Fund $55,950 $55,950
(73) 67X Electric Operations Fund 455,405 455,405
(68) 66X Water Operations Fund 100,985 100,985
8 001-4500 Central Services 358,381 358,381
10 703 Information Systems Services 417,762 417,762
34 100 Gas Tax Street 376,483 376,483
64 600 Airport 8,285 8,285
66 610 5800 Fixed Route 97,986 97,986
67 610 5850 Dial-A-Ride 18,665 18,665
87 690 Refuse 15,139 15,139
Total $1,905,042 $1,905,042
700-5300 City Attorney
MGT Consulting Group Page 137 of 142394
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
700-5300 City Attorney Nature and Extent of Services
The City Attorney represents the City Council and City staff in all matters of law pertaining to their offices. The City Attorney represents and appears on behalf of the City and its officers in civil actions and proceedings. In addition to attending all regular City Council meetings, Planning Commission meetings, and other meetings as required, the City Attorney reviews all necessary legal documents. The City Attorney is appointed by the City Council on a contractual basis, to act as general counsel in the operation of City government.

City Attorney costs are distributed by the following function:

Attorney Support - Costs have been allocated based on amount of costs of support per department.

MGT Consulting Group Page 138 of 142395
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
A. Department Costs Dept:12 700-5300 City Attorney
Description Amount General
Admin
Attorney
Support
Personnel Costs
Salaries S1 0 0 0
Salary % Split .00% .00%
Benefits S 0 0 0
Subtotal - Personnel Costs 0 0 0
Services & Supplies Cost
INTERFUND SVC-FINANCIAL S 12,327 0 12,327
INTFD SVC-ADMIN COST S 3,371 0 3,371
LEGAL SERVICES S 867,414 0 867,414
Subtotal - Services & Supplies 883,112 0 883,112
Department Cost Total 883,112 0 883,112
Adjustments to Cost
Subtotal - Adjustments 0 0 0
Total Costs After Adjustments 883,112 0 883,112
General Admin Distribution 0 0
Grand Total $883,112 $883,112
MGT Consulting Group Page 139 of 142396
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
B. Incoming Costs - (Default Spread Custom%) Dept:12 700-5300 City Attorney Department First
Incoming
Second
Incoming
Attorney
Support
1 Council Support - Fiscal $679 $332 $1,011
Subtotal - 001-1000 City Council 679 332 1,011
2 City Mgr Support-Fiscal 3,597 740 4,337
Subtotal - 001-1200 City Manager 3,597 740 4,337
4 City Clerk Support-Fiscal 277 141 418
Subtotal - 001-1400 City Clerk 277 141 418
5 Budget 4,170 411 4,580
5 Gen'l Accounting 127 12 140
5 Accounts Payable 4,827 530 5,358
5 AR (Non-Utility Billing) 2,279 230 2,510
Subtotal - 001-1900 Fiscal Services 11,404 1,184 12,588 8 Central Services- Fiscal 6,240 2,013 8,253
Subtotal - 001-4500 Central Services 6,240 2,013 8,253
Total Incoming 22,197 4,410 26,607
C. Total Allocated $909,719 $909,719
100.00%
MGT Consulting Group Page 140 of 142397
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Attorney Support Allocations Dept:12 700-5300 City Attorney Department Units Allocation
Percent
First
Allocation
Direct Billed Department
Allocation
Second
Allocation
Total
(97) 840 BEA Capital Project Fund 6,247 2.29% $20,758 $0 $20,758 $117 $20,874 (81) 68X Wastewater Operations Fund 20,414 7.49% 67,833 0 67,833 381 68,214 (73) 67X Electric Operations Fund 6,639 2.44% 22,060 0 22,060 124 22,184 (68) 66X Water Operations Fund 5,073 1.86% 16,857 0 16,857 95 16,951 (18) 001 Police 88,836 32.61% 295,189 0 295,189 1,657 296,846 2 001-1200 City Manager 13,985 5.13% 46,470 0 46,470 0 46,470 3 001-1300 Human Resources 1,424 0.52% 4,732 0 4,732 0 4,732 4 001-1400 City Clerk 16,576 6.08% 55,080 0 55,080 0 55,080 6 001-1910 Purchasing 4,055 1.49% 13,474 0 13,474 0 13,474 21 001-2400 Fire 115 0.04% 382 0 382 2 384
23 001-2740 Code Enforcement 5,398 1.98% 17,937 0 17,937 101 18,037 24 001-2800 Planning 68,085 24.99% 226,237 0 226,237 1,270 227,507 25 001-3000 Engineering 15,395 5.65% 51,155 0 51,155 287 51,443 26 001-3600 Parks 3,975 1.46% 13,208 0 13,208 74 13,283 27 001-4000 Recreation 1,843 0.68% 6,124 0 6,124 34 6,158 64 600 Airport 229 0.08% 761 0 761 4 765
95 810 Successor Housing Agency 14,160 5.20% 47,052 0 47,052 264 47,316 Subtotal 272,449 100.00% 905,309 0 905,309 4,410 909,719 Direct Bills 0 0
Total $905,309 $909,719
Basis Units: Amount of costs of support per department
Source:

MGT Consulting Group Page 141 of 142398
City of Banning
Full Cost Allocation Plan
FY 2021-2022
1/25/2024
Allocation Summary Dept:12 700-5300 City Attorney
Department Attorney
Support
Total
(97) 840 BEA Capital Project Fund $20,874 $20,874
(81) 68X Wastewater Operations Fund 68,214 68,214
(73) 67X Electric Operations Fund 22,184 22,184
(68) 66X Water Operations Fund 16,951 16,951
(18) 001 Police 296,846 296,846
2 001-1200 City Manager 46,470 46,470
3 001-1300 Human Resources 4,732 4,732
4 001-1400 City Clerk 55,080 55,080
6 001-1910 Purchasing 13,474 13,474
21 001-2400 Fire 384 384
23 001-2740 Code Enforcement 18,037 18,037
24 001-2800 Planning 227,507 227,507
25 001-3000 Engineering 51,443 51,443
26 001-3600 Parks 13,283 13,283
27 001-4000 Recreation 6,158 6,158
64 600 Airport 765 765
95 810 Successor Housing Agency 47,316 47,316
Total $909,719 $909,719
MGT Consulting Group Page 142 of 142399
Resolution 2024-03 UA

RESOLUTION 2024-03 UA

A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA, ADOPTING THE MID-YEAR BUDGET PLAN FOR THE FISCAL PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024, AND MAKING APPROPRIATIONS TO MEET EXPENSES

APPROVED THEREIN
WHEREAS, the Administrative Services Director prepared the budget plan for Fiscal Year 2023-24 which sets forth all of the expected revenues of the City of Banning Utility Authority (“Authority”), and the recommended appropriations to meet the operating and capital expenses for all Authority funds; and
WHEREAS, the Authority has considered the recommendations and approved or modified them so as to best serve the interest of the citizens of the City of Banning; and WHEREAS, the Mid-Year budget for Fiscal Year 2023-24 of the City of Banning Utility Authority has been submitted to this Board, and said budget has been considered and, is in form and substance satisfactory to the Authority Board; and
WHEREAS, the Authority departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and interfund transfers, without the consent of the City Manager; and WHEREAS, the Authority may transfer appropriations, between departments and within their respective funds, as long as those appropriations do not exceed their fund total unless approved by this Board; and
WHEREAS, the Authority departments may not hire in excess of the approved number of positions in the job classification as indicated by the budget detail without the consent of this Board; and
WHEREAS, it is essential that the Authority adopt a budget plan establishing the revenues and expenditures for all of its funds.

NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows:

SECTION 1. The Banning Utility Authority approves and adopts the FY 2023-2024 Mid-Year Budget, as summarized in the fund summary, and is hereby approved and adopted in the form on file with the Banning Utility Authority Secretary.

SECTION 2. The Utility Authority authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 400
Resolution 2024-03 UA

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Chairperson
Banning Utility Authority
ATTEST:

Caroline Patton, Secretary
Banning Utility Authority

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, Authority Counsel
Richards, Watson & Gershon
401
Resolution 2024-03 UA

CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2024-03 UA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Utility Authority
402
Resolution 2024-03 SA

RESOLUTION 2024-03 SA

A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BANNING, CALIFORNIA, ADOPTING THE MID-YEAR BUDGET PLAN FOR JULY 1, 2023 THROUGH JUNE 30, 2024,

AND MAKING APPROPRIATIONS TO MEET EXPENSES APPROVED THEREIN WHEREAS, the Community Redevelopment Agency of the City of Banning is a public body, corporate and politic, organized and existing under the California Community Redevelopment laws (Health & Safety Code § 33000, et seq.; hereinafter, the “CCRL”); and WHEREAS, as a result of Assembly Bill X1 26 (AB26), which was signed by the Governor on June 28, 2011 and confirmed by the Supreme Court (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861) on December 29, 2011, all California redevelopment agencies were dissolved as of February 1, 2012, and successor entities became responsible for winding down the affairs of the former redevelopment agencies; and WHEREAS, the City is, by operation of law, the Successor Agency to the Redevelopment Agency for purposes of winding-down the Redevelopment Agency under ABX126; and WHEREAS, the Administrative Services Director prepared the Mid-Year budget plan for Fiscal Year 2023-24 which set forth all of the expected revenues of the City of Banning Successor Agency (“Agency”), and the recommended appropriations to meet the operating and capital expenses for all Agency funds; and
WHEREAS, the Mid-Year budget for Fiscal Year 2023-24 of the Successor Agency has been submitted to this Agency, and said budget has been considered and, is in form and substance satisfactory to the Agency Board; and
WHEREAS, the Agency departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and interfund transfers, without the consent of the City Manager; and WHEREAS, the Agency may transfer appropriations, between departments and within their respective funds, with approval of the Administrative Services Director, as long as those appropriations do not exceed their fund total unless approved by this Board; and WHEREAS, the Agency departments may not hire in excess of the approved number of positions in the job classification as indicated by the budget detail without the consent of this Board; and
WHEREAS, it is essential that the Agency adopt a budget plan establishing the revenues and expenditures for all of its funds; and
WHEREAS, the Banning Oversight Board and California Department of Finance approve the Recognized Obligation Payment Schedule (ROPS) every six months which incorporate expenditures identified in the budget; and
WHEREAS, the Budgetary and Fiscal Policies that are incorporated into the budget document provide some policies applicable to the Agency. 403
Resolution 2024-03 SA

NOW, THEREFORE, BE IT RESOLVED by the Banning Successor Agency of the City of Banning as follows:

SECTION 1. The Banning Successor Agency approves and adopts the FY 2023-2024 Mid-Year Budget, as summarized in the fund summary, and is hereby approved and adopted in the form on file with the Banning Successor Agency Secretary.

SECTION 2. The Successor Agency authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of March 2024.

Alberto Sanchez, Chairperson
Banning Successor Agency
ATTEST:

Caroline Patton, Secretary
Banning Successor Agency

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, Agency Counsel
Richards, Watson & Gershon
404
Resolution 2024-03 SA

CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Successor Agency, do hereby certify that the foregoing Resolution 2024-03 SA, was duly adopted by the Successor Agency of the City of Banning, California, at a regular meeting thereof held on the 12th day of March 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Successor Agency
405

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director Lincoln Bogard, Administrative Services Director
MEETING DATE: March 12, 2024
SUBJECT: Consideration of Closure of Fund 690 - Refuse Fund, Transfer of Fund Balance to Fund 001 - General Fund, and Future Identification of Franchise Deposit
RECOMMENDATION:

Consider and approve closure of Fund 690 - Refuse Fund, authorize transfer of fund balance to Fund 001 - General Fund, and identify whether to classify Franchise deposit as an assigned or committed fund balance.

BACKGROUND:

The City no longer performs Refuse activities that would allow classification as an enterprise fund.

Franchise arrangements are generally accounted for within the General Fund. When the current franchise agreement was approved by Council, Waste Management provided a $4+ million deposit to the City to offset costs associated to City for solid waste related activities and to mitigate impacts of solid waste operations over the next 20-years. That balance is currently around $4.1 million and should be considered an assigned or committed fund balance to ensure that it is used as intended over the time period specified in the agreement. An assigned fund balance can be established by Resolution and can be rescinded by Resolution. Committed fund balance required the governing body's highest level of authority, which for the City is an Ordinance. It can also be rescinded by Ordinance but would require a Public Hearing first.

JUSTIFICATION:

Classification of the Refuse Fund as an enterprise fund is no longer appropriate per Generally Accepted Accounting Principles as defined by the Government Accounting Standards Board Statement 34. Since franchise accounting fits under no other fund classification, it should be accounted for in the general fund. Approximately $1.4 million will become unassigned fund balance and the remaining $4.1 million will be classified as either assigned or committed fund balance based on Council direction. Staff will bring another item to create the assigned or committed fund balance.

FISCAL IMPACT:

The General Fund will likely have an approximate $5.5 million dollar net income related to the transfer of net position. However, the increase of unassigned fund balance resulting will likely only be around $1.4 million.

ALTERNATIVES:

Approve closure of Fund 690 - Refuse Fund and transfer to Fund 001 - General Fund and identify whether to classify the Franchise deposit as an Assigned or Committed Fund Balance 406
Do not approve closure of Fund 690 - Refuse Fund or the transfer to Fund 001 - General Fund and risk audit findings for fund misclassification
407

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Serita Young, City Attorney
MEETING DATE: March 12, 2024
SUBJECT: Consideration of a Request from Councilmember Flynn to Reconsider the City Council’s Vote on Resolution 2024-22 on February 13, 2024, Approving the Purchase of 50 Motorola APX NEXT Radios and Accessories and, if Reconsidered, Consideration of Resolution 2024-22, Approving the Purchase of 50 Motorola APX NEXT Radios and Accessories
RECOMMENDATION:

1. Determine whether to reconsider the City Council’s vote on Resolution 2024-22 and,

2. If a motion is approved to reconsider the Council’s adoption of Resolution 2024-22, consider and adopt Resolution 2024-22, approving the purchase of 50 Motorola APX NEXT radios and accessories.

BACKGROUND:

On February 13, 2024, the City Council adopted Resolution 2024-22 by a 5-0 vote approving the Consent Calendar (Attachment No. 1). Resolution 2024-22 approved the City’s purchase of 50 Motorola APX NEXT radios and accessories and authorized the City Manager to execute a Communications System and Services Agreement with Motorola Solutions, Inc. (“Motorola”).

Section 11.3(d) of the “Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning” (“Manual”) (Attachment No. 2) specifies the procedures by which the City Council may reconsider certain actions taken by the Council. Section

11.3(d) states:
“Any Legislative Body member who voted with the majority may move to reconsider any action at the same meeting or, within sixty (60) calendar days, request in writing to the Clerk/Secretary that it be agendized for consideration at the following meeting, provided that reconsideration shall not be permitted where a party other than the City has acted in reliance on the Legislative Body’s action and would be substantially prejudiced by such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting substantial prejudice and may rely upon the determination of the City Attorney. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Legislative Body member who voted against the earlier motion may move for reconsideration at the following meeting. The member seeking reconsideration must have the matter agendized unless the motion will be made at the same meeting where the original action was taken. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Legislative Body." 408
On February 27, 2024, Councilmember Flynn submitted a written request to the Administrative City Clerk that the Council’s adoption of Resolution 2024-22 be agendized for consideration during the March 12, 2024 regular City Council meeting (Attachment No. 3). This item has been placed on the March 12, 2024 regular City Council meeting agenda in response to Councilmember Flynn’s request for reconsideration.

Subsequent to the City Council’s adoption of Resolution 2024-22, the City Manager executed a Communications System and Services Agreement with Motorola dated February 13, 2024 (“Agreement”), pursuant to the authority granted in Resolution 2024-22 (Attachment No. 4). Additionally, the purchase requisition and purchase order have been issued to Motorola. After Councilmember Flynn's comments during the February 27, 2024 regular City Council meeting, the Administrative Services Director looked into a lower priced contract identified with the City of Rialto. On March 14, 2023, Rialto purchased 76 Motorola APX Next XE Mobile Radios for $781,324.43, or $10,280.58 each. The specifications of the APX Next XE are different than the specifications of the APX Next radios that the City of Banning procured. Rialto purchased the Smart Firefighter Radio model and Banning purchased the All Band P25 Smart Radio model. While Rialto's radios were 6.6% less than Banning's radios, the Riverside Consumer Price Index rose by 3.4% in 2023. The effective price difference is 2.8%. The City of Banning received the same pricing as Los Angeles for the radios that Banning purchased.

City staff has apprised the City Attorney of the events described above that have occurred since the Council’s adoption of Resolution 2024-22. Based on those facts, the City Attorney has determined that the City Council’s reconsideration of their adoption of Resolution 2024-22 will not substantially prejudice Motorola, even though Motorola has acted in reliance of the Council’s action taken on February 13, 2024.

Request to Reconsider Vote on Resolution 2024-22
Staff recommends that the City Council first consider Councilmember Flynn’s request to reconsider the Council’s approval of Resolution 2024-22 by considering the following motion from a member of the City Council who voted on the prevailing side: “I move to reconsider the City Council’s vote on Resolution 2024-22 on February 13, 2024, relating to the approval of the City’s purchase of 50 Motorola APX NEXT radios and accessories and a Communications System and Services Agreement with Motorola Solutions, Inc. I voted for Resolution 2024-22.” Because Resolution 2024-22 was adopted by the Council by a 5-0, any member of the City Council may make this motion.

If the motion above does not receive a second, then the motion does no move forward, the Council may not consider the matter, and the Council must proceed to the next agenda item.

If the motion above is seconded, the motion is debatable per Exhibit A of the Manual. Per the most recent edition of the Robert’s Rules of Order, whenever a motion to reconsider is taken up, it is debatable if the motion proposed to be reconsidered is debatable, and debate can go into the merits of the question proposed to be reconsidered (§ 37:18). The purpose of reconsidering a vote, as described in the Robert’s Rules of Order, is to permit correction of a hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote (§ 37:1).

Once a debate, if any, has concluded, the Mayor should put the motion to a vote of the Council. If a majority of the Council present during the meeting do not vote in favor of the motion, the motion will fail and the Council must proceed to the next agenda item.

If a majority of the Council present during the meeting vote in favor of the motion, then the Council may proceed with considering Resolution 2024-22 during this agenda item as if the Council had not previously voted on Resolution 2024-22 on February 13, 2024.

If the Motion to Reconsider is Passed – Consideration of Resolution 2024-22 409
Currently the Banning Police Department utilizes the Motorola APX 7000 radios as its handheld portable radio. The APX 7000 is now a radio that is no longer serviceable by Motorola as the 8000 series and now APX NEXT have since replaced the 7000 series. The Banning Police Department tested and evaluated products from multiple vendors and determined that based on functionality, interoperability, and reliability, the Motorola APX NEXT radio is the optimal piece of equipment to fill the needs of the Banning Police Department, ensure enhanced officer safety for department members, and effectively respond to emergencies throughout the City of Banning and neighboring jurisdictions.

JUSTIFICATION:

Request to Reconsider Vote on Resolution 2024-22
A request to reconsider certain actions taken by the City Council is permitted under Section 11.3(d) and Exhibit A of the Manual, which specify the procedures by which the City Council may reconsider such actions. A motion to reconsider cannot be made on a quasi judicial matter, or a matter that required a noticed public hearing, or when a party other than the City has acted in reliance on the City Council’s action and would be substantially prejudiced by a reconsideration. A motion to reconsider must be made by a Councilmember who voted with the previous prevailing side. Additionally, a motion to reconsider must be made either at the same meeting or a subsequent meeting subject to the same restrictions as a motion to rescind. If made at a subsequent meeting, the Councilmember requesting reconsideration may, within 60 calendar days, request in writing to the Administrative City Clerk that the request be agendized for consideration at the following Council meeting (except as prohibited under the three instances described above).

If the Motion to Reconsider is Passed – Consideration of Resolution 2024-22 The Banning Police Department is currently utilizing all its handheld radio resources and needs to be able to equip incoming personnel, as well as upgrade radio equipment to ensure all personnel are utilizing equipment that is able to be serviced should a problem occur. The purchase of Motorola APX NEXT portable radios will allow the Banning Police Department to fully equip staff members with the most up-to-date and technologically advanced radio equipment. Staff have researched other comparable radios currently available and have found that Motorola best fit the City's best interest and have sole sourced this procurement for the following reasons. These radios will allow department members to utilize a piece of life-saving equipment that will enhance officer safety and allow uninterrupted communication between the Banning Police Department and allied agencies. The Motorola APX NEXT radios include features such as GPS location services so while officers are conducting their duties it is possible to locate officers and deploy resources appropriately during emergency situations, including natural disasters such as wildfires. The APX Next radio is also LTE enabled so when a traditional radio loses the ability to communicate because it is out of range of radio towers, the APX NEXT LTE kicks in for uninterrupted service.

Radios are a key component for communication to officers who must have reliable communication with not only the Banning Police Department but to other agencies in the region. Staff researched hardware and in evaluation of functionality and compatibility, determined that using the Motorola APX radios would be in the best interest of the City. Staff identified the availability of alternative radios and found similar products to have compatibility issues, less coverage, and were less reliable than using the Motorola radios. After careful consideration, Staff recommends single source, sole source purchase of the Motorola APX NEXT portable radios.

FISCAL IMPACT:

Request to Reconsider Vote on Resolution 2024-22
The Council’s reconsideration of the vote adopting Resolution 2024-22 could cause fiscal impact on the City if the existing quote is determined to need renegotiation.

If the Motion to Reconsider is Passed – Consideration of Resolution 2024-22 The purchase of 50 Motorola APX NEXT radios and related accessories will require an amount not to exceed $648,253.15, with the following payment option. Motorola Solutions allows for a one-year 410
deferred payment option, which would allow the City of Banning and the Banning Police Department to seek grant funding during that year. After the one-year deferred payment period if grant funding were not located to fund the entirety of the project, then the City of Banning would pay for any remaining balance of the purchase cost over five annual payments (including lease rate). Five annual payments, beginning one-year after contract execution, in the amount of $129,650.63 (includes lease interest rate of 5.85%).

Pursuant to Government Code Section 5852.1, the following good faith estimates (obtained from the Lender) must be disclosed at a public meeting before the authorization of the Lease. The estimates are based on market estimates as of 1/23/2024:

True interest cost of the Lease (the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of Lease): 5.85%
Finance charge of the Lease (the sum of fees and charges paid to third parties): $99,881.75 Amount of proceeds received by the public body from the sale of the Lease, less the finance charge of the Lease and any reserves or capitalized interest paid or funded with proceeds of the Lease: $548,371.40
The total payment amount (the sum total of all debt service payments on the Lease, plus the finance charge of the Lease not paid from bond proceeds): $648,253.15 Please note that the estimates above assume that Motorola will honor the original quote and execute a new Communications System and Services Agreement with the City based on the original quote.

ALTERNATIVES:

1. Reconsider the vote on Resolution 2024-22 and consider and adopt Resolution 2024-22.

2. Do not reconsider the vote on Resolution 2024-22, Resolution 2024-22 will remain adopted by the City Council by a 5-0 vote on February 13, 2024, and continue to the next agenda item on the March 12, 2024 regular meeting agenda.

ATTACHMENTS:

1. Resolution No. 2024-022.pdf

2. Manual of Procedural Guidelines - Resolution 2023-34.pdf

3. 2027 02 27_Agenda Request.pdf

4. Executed Motorola Agreement.pdf

5. PO 032742 MOTOROLA SOLUTIONS, INC..pdf

6. Resolution 2024-22, Motorola PD Radios.docx

7. PD Finance Options

8. Good Faith Estimates

9. Sole Source Vendor Form
411
RESOLUTION 2024-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE PURCHASE OF 50 MOTOROLA APX NEXT PORTABLE RADIOS AND

ACCESSORIES
WHEREAS, the City of Banning Police Department currently utilizes the Motorola APX 7000 radios as its handheld portable radio and the APX 7000 is no longer serviceable by Motorola; and
WHEREAS, the City of Banning Police Department tested and evaluated products from multiple vendors and determined that based on functionality, interoperability, and reliability, the Motorola APX NEXT radio is the optimal piece of equipment; and , WHEREAS, the City of Banning Police Department the radio equipment is crucial to ensure enhanced officer safety for department members, and effectively respond to emergencies throughout the City of Banning and neighboring jurisdictions; and WHEREAS, the City of Banning, now wishes to purchase 50 new Motorola APX NEXT portable radios and related accessories in the amount of $648,253.15, using the radios using the same vendor utilized for previous police radio purchases.

NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: by the City Council of the City of Banning as follows:

Section 1. The City Council approves the sole source purchase of 50 Motorola APX NEXT police radios through Motorola Solutions, in an amount not to exceed $648,253.15, and authorizes the City Manager to sign a Communications System and Services Agreement with Motorola Solutions, Inc., in substantial form as attached hereto as Exhibit A, on behalf of the City Council.

Section 2. The City Council authorizes the City Manager to make non-substantive changes to the Agreement prior to execution, and to make necessary budget adjustments, appropriations, and transfers related to this resolution.

Section 3. The City Council approves the use of General Fund dollars to make three annual payments of $129,650.63 per year (payments include five-year lease rate of 5.85%) after the one-year deferred payment window should outside funding not be obtained.

Section 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this ~ 3th day of February 2024. 412
ATTEST:

Caroline Patton, Adrni'rativeCityClerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:
~ --9c, ~,,....- _____ _
Serita R. Young, City Attorney
Richards, Watson & Gershon
413
CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-22, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of February 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Flynn, Happe, Minjares, Sanchez, and Wallace.

Caroline Patton, Admint trative City Clerk
City of Banning, California
414
Exhibit A
Agreement
415
Communications System and Services Agreement
(Lease)
Motorola Solutions, Inc. ("Motorola") and Banning Police Department ("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows:

Section 1 ATTACHMENTS

1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement.

Exhibit A "Motorola Software License Agreement"
Exhibit B "System Purchase"
Exhibit C Motorola QUOTE-2476772 dated 1/10/24
Exhibit D "Equipment Lease Purchase Agreement Delivery and Acceptance Certificate"

1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased.

1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through E will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits.

Section 2 DEFINITIONS
Capitalized terms used in this Agreement have the following meanings:
"Acceptance Tests" means those tests described in the Acceptance Test Plan. "Addendum (Addenda)" is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and System implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein.
"Administrative User Credentials" means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer's personnel with access to the Administrative User Credentials may be referred to as the Administrative User. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing).
"Confidential Information" means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such Lease Communication System and Services Agreement v.2023.05.24 416
disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. "Contract Price" means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, "Payment" or the pricing pages of the proposal, recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price.
"Deliverables" means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work. "Derivative Proprietary Materials" means derivatives of the Proprietary Materials that Motorola may from time to time, including during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access.
"Effective Date" means that date upon which the last Party executes this Agreement. "Equipment" means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. "Equipment Lease-Purchase Agreement" means the agreement by which Customer finances all or a portion of the Contract Price.
"Feedback" means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement. "Force Majeure" means an event, circumstance, or act that is beyond a Party's reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause.
"Motorola Software" means software that Motorola or its affiliated companies owns. "Non-Motorola Software" means software that a party other than Motorola or its affiliated companies owns.
"Open Source Software" (also called "freeware" or "shareware") means software with either freely obtainable source code, license for modification, or permission for free distribution. "Proprietary Materials" means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties.
"Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party.
"Services" means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum Lease Communication System and Services Agreement v.2023.05.24 2 417
and/or SOW
"Software" (i) means proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third·party software not licensable under the terms of this Agreement.
"Software License Agreement" means the Motorola Software License Agreement (Exhibit A). "Software Support Policy" ("SwSP") means the policy set forth at https://www. m otorolasolutions . com/ content/dam/msi/secure/services/software policy. pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola's discretion.
"Solution" means the combination of the System(s) and Services provided by Motorola under this Agreement.
"Solution Data" means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents.
"SUA" or "SUA 11" means Motorola's Software Upgrade Agreement program. "Subsystem" means a major part of the System that performs specific functions or operations.

Subsystems are described in the Technical and Implementation Documents. "System" means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents. "System Acceptance" means the Acceptance Tests have been successfully completed . "System Data" means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.
"Warranty Period" for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.

Section 3 SCOPE OF AGREEMENT AND TERM

3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.

3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform Lease Communication System and Services Agreement v.2023.05.24 3 418
this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.

3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last. The term and the effective date of recurring Services will be set forth in the applicable Addendum.

3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the "Underlying Agreement" for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registration and other information may be found at https://www.motorolasolutions.com/en us/registration and the shop support telephone number is (800) 814-0601 .

3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.

3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software.

3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.

3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction ; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Lease Communication System and Services Agreement v.2023.05.24 4 419
Agreement, hosting terms, and modifications to the acceptance and warranty provisions.

Section 4 SERVICES

4.1 . If Customer desires and Motorola agrees to continue Services beyond the Term, Customer's issuance and Motorola's acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement.

4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at https://www.motorolasolutions.com/content/dam/msi/secure/services/software policy. pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.

To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer's purchase order will not affect the applicability of this Agreement. Motorola's proposal may include a cover page entitled "Service Agreement" or "Installation Agreement", as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference

4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola's proposal for such additional services.

4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola's property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.

4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction . Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.

4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.

Lease Communication System and Services Agreement v.2023.05.24 5 420

4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.

4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer's obligations are not performed, Motorola's ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.

4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.

4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.

4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.

Section 5 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

Section 6 CONTRACT PRICE, PAYMENT AND INVOICING

6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.

6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $548,371.40. The Contract Price will be paid via the disbursement of the financing proceeds pursuant to the Equipment Lease-Purchase Agreement executed between the parties. If applicable, a pricing summary is included with the Payment schedule.

Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable.

Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed and invoiced according to the pricing pages of the proposal, Exhibit B, or the applicable Addendum.

Invoices will be mailed or emailed to Customer pursuant to Section 6.4, Invoicing and Shipping Addresses.

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For Customer's reference, the Federal Tax Identification Number for Motorola Solutions, Inc. is 36- 1115800 ..

6.3. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Unless otherwise stated in the Equipment Lease-Purchase Agreement, title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.

6.4. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:

Name: __ ~D~e~re=k~T~h~e~s=ie~r
Address: 99 E Ramsey St Banning CA, 92220_
Phone: 951-849-1433
E-INVOICE. To receive invoices via email:

Customer Account Number: 1000190306
Customer Accounts Payable Email: _______________________ _ Customer CC(optional) Email: _________________________ _ The address which is the ultimate destination where the Equipment will be delivered to Customer is:

Name: Derek Thesier
Address: 125 E Ramsey St Banning CA 92220
The Equipment will be shipped to the Customer at the following address (insert if this information is known):

Name: Sgt. Derek Thesier
Address: 125 E Ramsey st Banning CA 92220
Phone: 951-849-1433
Customer may change this information by giving written notice to Motorola.

Section 7 SITES AND SITE CONDITIONS

7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.

7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate:
physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E. I .A. standard RS-222 in effect on the Effective Date.

7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation Lease Communication System and Services Agreement v.2023.05.24 7 422
plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.

Section 8 TRAINING
Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work.

Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.

Section 9 SYSTEM ACCEPTANCE

9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.

9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.

9.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.

9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate (Exhibit D) and the Equipment Lease Purchase Agreement Delivery and Acceptance Certificate (Exhibit E).

Section 10 REPRESENTATIONS AND WARRANTIES

10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications.

10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and worl<manship. If System Lease Communication System and Services Agreement v.2023.05.24 8 423
Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Equipment.

10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.

10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear.

10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, "recommendations"). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.

10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola's liability for the warranty claim. In the event of a valid Services warranty claim, Customer's sole remedy is to require Motorola to re-perform the nonconforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.

10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.

10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE

WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL

OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

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Section 11 DELAYS

11.1. FORCE MAJ EURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.

11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan.

Section 12 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute").

12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.

12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.

12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute.

12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.

12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party.

Section 13 DEFAULT AND TERMINATION
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13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a· Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan.

13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section

13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the nondefaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price.

Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.

Section 14 INDEMNIFICATION

14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any thirdparty claim or suit. Customer will cooperate with Motorola in its defense or settlement of such claim or suit. This Section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement.

14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any thirdparty claim or suit. Motorola will cooperate with Customer in its defense or settlement of such claim or suit. This Section sets forth the full extent of Customer's general indemnification of Motorola from liabilities that are in any way related to Customer's performance under this Agreement.

14.3. PATENT AND COPYRIGHT INFRINGEMENT.

14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("Infringement Claim"). Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim.

14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option Lease Communication System and Services Agreement v.2023.05.24 11 426
and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.

14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer's designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.

14.3.4. This Section 14 provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15.

Section 15 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola's total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES

ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT

MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,

INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING

FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.

Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS

16.1. CONFIDENTIAL INFORMATION.

16.1.1. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this Agreement. All Deliverables will be deemed to be Motorola's Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned Lease Communication System and Services Agreement v.2023.05.24 12 427
subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement. Notwithstanding the foregoing, Motorola acknowledges that the Customer is subject to the California Records Act.

16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser's Confidential Information or any breach of this Agreement.

16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser's written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.

16.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.

16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Motorola be required to provide any data related to cost and pricing.

16.4 DATA AND FEEDBACK.

16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, "Customer Data"), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data.

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16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, "Derivative Data").

16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer.

Customer acknowledges that Motorola's receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola.

Section 17 GENERAL
17 .1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth.

17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.

17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.

17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.

17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.

17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted Lease Communication System and Services Agreement v.2023.05.24 14 429
only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.

17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or OHL), or by facsimile with correct answerback received, and will be effective upon receipt.

17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System.

Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters.

17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.

17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.

17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola's ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue.

17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection Lease Communication System and Services Agreement v.2023.05.24 15 430

10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.

17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.

The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.

The Parties hereby enter into this Agreement as of the Effective Date.

Motorola Solutions, Inc. Customer
By:----------- By:-----------
Name: __ Brian Arriaga ____ _ Name: ____________ _
Title: __ Account Executive ___ _ Title: ___________ _
Date: ____ 2/2/2024 __ _ Date: ____________ _
Lease Communication System and Services Agreement v.2023.05.24 16 431
Exhibit A

MOTOROLA SOFTWARE LICENSE AGREEMENT
This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., ("Motorola"), and __ Banning Police Department ___ ("Licensee").

For good and valuable consideration, the parties agree as follows:

Section 1 DEFINITIONS

1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.

1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).

1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution.

1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed.

1.5 "Primary Agreement" means the agreement to which this exhibit is attached.

1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.

1. 7 "Software" (i) means proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.

Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the proprietary software and affiliated documentation.

Section 3 GRANT OF LICENSE

3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and nonexclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.

Lease Communication System and Services Agreement v.2023.05.24 17 432

3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).

3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED

WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES

EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT

SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.

Section 4 LIMITATIONS ON USE

4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.

4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.

4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device.

Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.

4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and Lease Communication System and Services Agreement v.2023.05.24 18 433
security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.

Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.

Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY

6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, errorfree, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.

6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee.

6.3. Warranty claims are described in the Primary Agreement.

6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.

Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written Lease Communication System and Services Agreement v.2023.05.24 19 434
consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.

Section 8 TERM AND TERMINATION

8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.

8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.

8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).

Section 9 Commercial Computer Software

9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of "commercial computer software" and "computer software documentation" as such terms are defined in 48 C.F.R. Part 252.227- 7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R.

Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.

9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection

9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.

Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement Lease Communication System and Services Agreement v.2023.05.24 20 435
concerning Confidential Information apply.

Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.

Section 12 NOTICES
Notices are described in the Primary Agreement.

Section 13 GENERAL

13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.

13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct .or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.

13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.

13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.

13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.

13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.

Lease Communication System and Services Agreement v.2023.05.24 21 436

13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.

13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.

13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.

Lease Communication System and Services Agreement v.2023.05.24 22 437
Exhibit B

PAYMENT
For the System purchase financed through Motorola, please refer to the payment schedule included in the Equipment Lease-Purchase Agreement
If Customer has purchased additiona l Professional or Subscription services, payment will be in accordance with the applicable Addenda.

For Lifecycle Support Plan and Subscription Based Services:

Motorola will invoice Customer annually in advance of each year of the plan , or as otherwise stated in the applicable addenda.

The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.

Resource Types
Project System System Project
Levels Management Engineering Technologist Administration 4 s 290 .00 s 300.00 s 280.00 s 200.00
3 s 240 .00 s 250.00 s 240.00 s 180 .00
2 s 220 .00 s 220.00 s 220.00 s 170.00
1 s 190.00 s 210.00 s 210.00 s 160.00
Table 1 • Hourly Rates
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged separately.

The qualifications of each type and level of resource are defined in the tables found at https ://www. motorol a solutions. com/contenUdam/msi/secure/services/labor-rates-exh i bit-160408. pdf.. Al I Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.

Lease Communication System and Services Agreement v.2023.05.24 23 438
Exhibit E

EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee (Customer) and Lessor.

Equipment Lease Purchase Agreement No.: _____ _
Lease Schedule A No. : _____ _

EQUIPMENT INFORMATION

QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION
Equipment referenced in lease Schedule A#
. See Schedule A for a detailed
Equipment List.

LESSEE/CUSTOMER:

By: _____________ _
Title: ______________ _
Date: ______________ _
Please complete this form and send a copy via US mail or email to:

Motorola Solutions Credit Company LLC
Attn: Bill Stancik, Finance Manager 1500 W. Monroe, 44th Floor I Chicago, IL 60661 Email: [email protected] I Telephone: (847) 538-453 Lease Communication System and Services Agreement v.2023.05.24 24 439

MANUAL OF PROCEDURAL GUIDELINES

FOR THE CONDUCT OF

CITY COUNCIL AND CONSTITUENT

BODY/COMMISSION MEETINGS FOR THE

CITY OF BANNING
Adopted October 23, 2012, by City Council Resolution 2012-83 Amended April 23, 2013, by City Council Resolution 2013-48 Amended November 12, 2013, by City Council Resolution 2013-103 Amended May 26, 2020, by City Council Resolution 2020-67 Amended February 14, 2023, by City Council Resolution 2023-34 440

OUTLINE OF PROCEDURAL MANUAL PROVISIONS
This manual applies to the City Council, Successor Agency, Housing Authority, and all Commissions.

A. Agendas (3.1-3.4; 5.1-5.10, 6.1, 6.3)

1. City Manager generally has the authority to set the agenda. (5.1)

2. Any Council member may request a matter be put on an agenda. If significant staff work is involved, City Manager can bring it to an agenda under pending items and the City Council can decide whether they want it agendized for discussion. (5.1)

3. Permits consent calendars and defines what is not permitted on consent calendar:
ordinances; matters involving split votes or public controversy; excluded consent calendar. (6.3)

4. List order of agenda. (6.1)

5. Permits an agenda item for "Council Agenda – New Business” and where announcements are permitted with no discussion.

6. No action unless listed on agenda. (5.7)

7. Add items if arose subsequent to agenda and 2/3 vote or unanimous of those present. (5.9)
B. Minutes, Ordinances, Resolutions and Contracts (5.3 - 5.6)

1. Minutes are an abbreviated record, revisions factual and not to change intent. (5.10)

2. Defines matter appropriate for ordinance versus resolution.

3. Defines vote requirements--ordinances and resolutions generally require three (3) votes. Certain items require a supermajority.

4. Urgency circumstances are defined where resolution can be prepared at a meeting.

5. Contracts may be put in final form by legal counsel. (5.6)

6. Approval budget does not authorize expenditures. (6.5) C. Boards and Commissions (6.4)

1. Defines legislative bodies and advisory bodies subject to the Brown Act. (1.2(a))

2. Committees established by official action, continuing jurisdiction more than 180 days, majority of officials from City or other bodies, is standing committeesubject to Brown Act.

3. Permits creation of ad hoc council subcommittees (less than majority) not subject to the Brown Act.

4. Permits formation of boards and commissions subject to the Brown Act.

5. Provides that appointments are by Mayor with the consent of Council; removed by majority vote.

6. Commissions make reports to Council; not permitted to create subcommittees.

D. Study Sessions/Closed Sessions (2.5, 4.1 - 4.4)

1. Study sessions informal but subject to Brown Action; no action taken.

2. Public comments permitted before; report on any action taken. 441

3. Those persons not relevant to the closed session matter are excluded.

4. A minute book may be kept of the proceedings.

5. Revealing any matter from closed session can subject the person to censure.

E. Public Comments (7.0 – 7.4)

1. City Council meeting presentations on agenda items are to be no more than five minutes in length; this is to include all speakers for the group being recognized.

Exhibit “B” has full policy.

2. Time limits are 3 minutes for non-agendized items and 5 minutes for all agendized items. Public hearing applicants are not limited. (7.2)

3. Public comment periods include initial comment period on non-agenda items; comment on agenda items. (7.5)

4. Speaker cards provided, but voluntary. (7.3)
F. Hearings (8.1 – 8.4)

1. Before the hearing, Council members limited to factual questions of staff and speakers. Not to engage in debate.

2. Presiding Officer to make it clear when hearing is opened or closed. No questionsof speakers or public comment after hearing closed.

3. Hearing must be fair and impartial with decision based on findings required by law.

4. No expression of opinion until hearing is closed.

5. Avoid extra meeting contact with interested persons. Encourage participation in hearing.

6. Presiding Officer can control conduct of hearing--representative speakers, etc.

Set any rules at beginning and keep fair to each side.

7. Be attentive during hearings.

G. Conduct of Members

1. Do not represent position of City or promise City action. (9.2; 9.10)

2. Do not speak in derogatory fashion concerning colleagues, employees, citizens. (10.1(f))

3. Mayor speaks officially for City rather than Council members. (9.2)

4. Council members in correspondence represent their own position rather than City unless authorized by Council. (9.2)

5. Commissioners do not speak for City. (9.2)

6. No Conflicts. Can consult with City Attorney but advice not binding and no attorney-client confidentiality. (9.6(b))

7. Use City email account. Emails subject to the Brown Act--no development of collective action. Public Records Act, too. (9.3)

8. Formal process for censure for wrongful conduct involving hearing before City Council. (10.3)

9. City Attorney can file amicus briefs. (9.6 (d))
442

H. Procedures

1. Abstentions discouraged but permitted where appearance impropriety even if no financial conflict.

2. Motions to rescind clarified so that matter can be rescinded in later legislative session. (11.4)

3. Defines process to correct an earlier action in violation of Brown Act. (12.1 –

12.3)

4. Includes Table of Motions and Procedural Actions.
443

MANUAL OF PROCEDURAL GUIDELINES FOR THE CONDUCT OF CITY

COUNCIL AND CONSTITUENT BODY/COMMISSION MEETINGS
ARTICLE I – SCOPE

1.1 Application of Rules
This Manual (the “Manual”) shall establish the procedures for the conduct of all meetingsof the City of Banning City Council, Successor Agency to the Banning Community Redevelopment Agency, Housing Authority and other constituent, governing bodies, and commissions.

This Manual rescinds and supersedes all prior City resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below). Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following:
• City of Banning Resolution No. 2004-43;
• City of Banning Resolution No. 1999-31;
• City of Banning Resolution No. 2003-06;
• City of Banning Resolution No. 2000-41;
• Banning CRA Resolution No. 2010-13; and
• Banning CRA Resolution No. 1990-04.

1.2 Definitions
The following definitions shall apply to these rules and procedures:
a) “Legislative Body” means any quorum of any council, board, commission or standing committee (as defined in Government Code § 54952), or other governingbody of the City of Banning that is subject to the Brown Act (Government Code
§ 54950 et seq.). This includes the Banning City Council, Banning Successor Agency to the former Redevelopment Agency, Banning Housing Authority Board, Banning Utility Authority, Banning Financing Authority, Planning Commission, Parks and Recreation Commission, Civil Service Commission, and any standing committee subject to the Brown Act. The term “Legislative Body” does not include Non-Governing Bodies, as defined below. b) “Presiding Officer” means the chairperson of the Legislative Body. For example, this refers to the Mayor when read in the context of the City Council, the Board Chair in the cases of the Successor Agency to the Redevelopment Agency and/or the Housing Authority, and the Chair of any Commission. c) “Vice Chair” means the vice chairperson to the Presiding Officer. For example, the Vice Chair means the Mayor Pro Tempore in the case of the City Council, the Vice Chairperson in the cases of the Successor Agency to the former 444

Redevelopment Agency and/or Housing Authority, and the Vice Chairperson ofany Commission.
d) “Clerk/Secretary” means the person responsible for taking and maintaining the record of proceedings for all meetings, preparation of agendas, calendar clerk and custodian of rules, resolutions, ordinances, and Legislative Body records.

For example, the Clerk/Secretary refers to the City Clerk in the case of the City and the Agency Secretary in the cases of the Successor Agency to the former Redevelopment Agency and/or the Housing Authority.
e) “General Counsel” means the legal advisor to the Legislative Body, such as the City Attorney in the case of a City Council meeting, or Agency Counsel in the cases of the Successor Agency to the former Redevelopment Agency and/or Housing Authority.
f) “City Manager” means the Chief Executive Officer of the City, the Successor Agency to the former Redevelopment Agency, Housing Authority, Financing Authority and Banning Utility Authority. The City Manager may serve as the Secretary to the Successor Agency or Housing Authority, and the City Manager can designate appropriate staff to serve as the clerk/secretary to any Commission of the City.
g) “Non-Governing Bodies” means wholly advisory committees and bodies that are not subject to the provisions of the Brown Act.
h) “Sub-Legislative Bodies” means such advisory committees which are subject to the Brown Act but are not “governing” Legislative Bodies.

These rules and procedures are enacted pursuant to authority granted by Government Code §§ 36813 and 54954. The purpose of this Manual is to provide that the Legislative Bodies’procedures will be consistent with the Brown Act and also to establish procedures which will be convenient for the public and contribute to the orderly conduct of any Legislative Bodies’ business. The procedures herein are in addition to, and not in place of, applicable ordinances and statutes and in the event of conflict between this Manual and applicable ordinances or statutes, the latter shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter.

ARTICLE II – MEETINGS

2.1 Regular Meetings
Unless otherwise specified by a resolution or ordinance applicable to specific Legislative Body, the regular meetings of all Legislative Bodies shall be held on the second and fourth Tuesday of each month at the time designated by the Legislative Body, in the Council Chambers at City Hall, 99 East Ramsey Street, Banning, California 92220, or at such other locations as the Legislative Body may from time to time designate by resolution, in the order of adjournment, or in the notice or call of any special meeting. In the event a day 445

of meeting shall be a legalholiday, said meeting shall be held on the next business day.

2.2 Special Meetings
The Presiding Officer may, when he or she deems it expedient, or upon the writtenrequest of a majority of the Legislative Body, call a special meeting of the Legislative Body for the purpose of transacting the business designated in the call. The means or method for calling such special meeting shall be as set forth in the Brown Act as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call.

2.3 Special Emergency Meetings
A special emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists:
(a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or
(b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law.

2.4 Attendance
A majority of members of the Legislative Body shall constitute a quorum. Less than a majority may adjourn from time to time and may compel the attendance of absent members.Any member who fails to attend any of the meetings of the Legislative Body for 60 consecutive days, unless such absences are excused, shall surrender the office, and be deemed to have surrendered the office.

2.5 Study Sessions
The Legislative Body may meet informally in conference or “study” sessions regarding concerns of the Legislative Body to interchange information, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as for special meetings or adjourned meetings, as applicable, and be subject to the Brown Act. Each notice shall indicate that an opportunity for public comment shall be provided before any matter shallbe determined. When a meeting has been designated a Study Session, the Legislative Body shall not take any action with respect to the matter under study except with prior public notice, appearing on a properly posted agenda, of such intent to take action. 446

ARTICLE III–NOTICE AND AGENDA

3.1 Notice and Agenda for Regular Meetings
For every regular Legislative Body meeting, the Clerk/Secretary or his or her designee shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth in Article V. The notice and agenda may be combined in a single document.

The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to public twenty-four (24) hours a day during the seventy-two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other postal material. Specifically, the notice and agenda shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:

CITY HALL LOBBY

CITY OF BANNING WEBSITE

3.2 Notice and Agenda for Special Meetings
For every special meeting, the Clerk/Secretary or his or her designee shall post a written notice specifying the time and place of the special meeting and the business to be transacted mustbe sent to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth in Article V.

The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twentyfour. (24) hours a day and where the notice are not likely to be removed or obscured by other posted material. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:

CITY HALL LOBBY

CITY OF BANNING WEBSITE

3.3 Notice and Agenda for Adjourned Meetings
The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or 447

adjourned special meeting was held, within twenty-four (24) hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided herein, the resulting adjourned regularmeeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. If the subsequent meeting is conducted within five (5) days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting is more than five (5) days from the original meeting, a new agenda must be prepared and posted pursuant to Government Code Section 54954.2.

3.4 Affidavit of Posting
Immediately following the posting of the notice and agenda, the Clerk/Secretary or his or her designee shall complete an Affidavit of Posting, in a form to be developed by the Clerk/Secretary. The Affidavit of Posting shall indicate the time of the posting, the location(s) ofthe posting, and shall be signed under penalty of perjury. The Clerk/Secretary shall retain allsuch affidavits, together with a copy of each notice and agenda so posted. The affidavit, notice, and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuantto Government Code § 34090, shall not be destroyed by the Clerk/Secretary thereafter except in accordance with the City’s record retention policies.

ARTICLE IV– CLOSED SESSIONS

4.1 Generally
The Legislative Body may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. Public comment shall be permitted on closed session matters prior to the closed session. If a closed session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for theclosed session. During closed session, the Legislative Body shall exclude all persons which it is authorized by State law to exclude from a closed session. No minutes of the proceedings of the Legislative Body during a closed session are required. There shall be no closed session during any special emergency meeting. Closed session may not be held regarding a matter not listed on a properly posted agenda for closed session except upon the Legislative Body first taking action to place the item on the agenda as a closed session item as permitted by law.

4.2 Persons Authorized
Persons present in the closed session shall be only those persons necessary to the discussion of the matter under consideration. All other persons shall be excused. The Clerk/Secretary shall attend each closed session of the Legislative Body and keep and enter intoa minute book a record of any reportable decisions made at the meeting, unless attendance is excused.
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4.3 Confidentiality
The minute book for any closed session is not a public record and shall be kept confidential and shall be available only to members of the Legislative Body or as otherwise provided by law. (Government Code § 54957.2(a).) No person attending a closed session shall publicly discuss or otherwise reveal the proceedings in the closed session unless such publicationhas been approved by the vote of the Legislative Body taken during the closed session or as otherwise required by law. Violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 10.5 herein.

4.4 Public Reports
Before recessing into closed session, the Presiding Officer or General Counsel shall announce that the Body is recessing into closed session and shall name each closed session topic that will be discussed in closed session in at least as much detail as shown on the agenda.

Upon leaving closed session, the Presiding Officer or General Counsel shall report publicly any reportable actions taken on a closed session matter and, if any vote was taken, shall announce that the matter was put to a vote, the results of the vote, and how each LegislativeBody member voted.

ARTICLE V - AGENDA CONTENTS

5.1 Preparation of Agendas
Barring insurmountable difficulties, the agenda shall ordinarily be delivered to the members of the Legislative Body on Friday (as an informal deadline) preceding the meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the members of the Legislative Body, or in any case as required by the Brown Act.

Any Legislative Body member may have placed on the agenda any business that should be deliberated upon in the future by the Legislative Body. Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall advise the City Manager’s office of that fact not later than 12:00 noon on the Tuesday of the week preceding the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion of whether it should be a future agenda item. The City Manager shall advise the Legislative Body member of constraints affecting staff’s ability to produce an agenda report, and when the matter should be scheduled.

Notwithstanding the foregoing, the City Manager generally has responsibility for setting the agenda for the Legislative Body (except for any Commission where the responsibility may be assigned to the City Manager’s designee) and may place matters on the agenda in accordancewith the Manager’s evaluation of administrative priorities and resource capacities of City.

5.2 Description of Matters
All items of business to be transacted or discussed at a meeting of the Legislative 449

Body, shall be briefly described on the agenda. The description may, but need not, set out the specific action or alternatives which will be considered by the Legislative Body, but should contain sufficient detail so that a person otherwise unaware could determine the general nature or subjectmatter of the item by reading the agenda. The description of closed session matters shall meet the requirements of Government Code Sections §54954.2 and, where applicable, §54954.5.Matters may be designated as “pending” and listed for the sole purpose of determining if they will be on a future agenda.

5.3 Action Items
(a) Matters may formally be adopted by an ordinance, a resolution, minute order, or other motion (thereafter recorded by minute entry). Technically, all three are equally aslegally effective and binding but vary in the formality of respective memorialization. While most actions will be presented to the Legislative Body in a written form prior to, or at, the meeting, the Legislative Body may amend any proposed action as written by carried motion of the Legislative Body at the time of its presentation for adoption. If an action as written is so amended by the Legislative Body, it shall be revised to reflect the Body’s amendments for later execution by the Presiding Officer.
(b) Besides ordinances and resolutions, action can be taken by motion and recorded as a minute order. A “minute order” denotes a Legislative Body action which is recorded simply by an item entered in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. (c) As a general rule, a recorded majority of the quorum for a Legislative Body may take an action. However, for the City Council, resolutions, orders or the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council. Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity to condemn property, require a super-majority vote. Under the Political Reform Actof 1974, a member with a financial conflict of interest regarding a matter before the member's board must leave the room while that matter is being discussed, heard, or acted on, so that member cannot be counted towards the quorum for that matter.

5.4 Resolutions
(a) A “resolution” is a formal action with findings taken by the Legislative Body, generally pre-prepared in writing, designated by sequential number, and reference towhich shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Legislative Body. Resolutions are used when specifically required by law, when needed as a separate evidentiary document to demonstrate findings or to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research. (b) A resolution may be adopted at the same meeting it is presented. Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, votepursuant to methods prescribed in Article XI, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. 450

(c) Where a resolution cannot reasonably be prepared in advance of a meeting, the Legislative Body may instruct the City Manager or the General Counsel to prepare aresolution for presentation at the next Legislative Body meeting. Where urgent, a resolution maybe presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Article XI, shallbe followed.

5.5 Ordinances (City Council Only)
(a) The City Council is the only Legislative Body empowered to legislate the Banning Municipal Code by adoption of ordinances.
(b) Ordinances, other than urgency ordinances, require at least two readings atdifferent meetings held at least five days apart with the first reading considered to be introduction and the second adoption.
(c) A waiver of further readings requires a majority vote of the Council members present and voting. The waiver of further reading may be accomplished by one vote for all ordinances presented on the agenda of the present meeting. Government Code Section 36934.
(d) The Clerk/Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. Ordinances shall be numbered and kept by theclerk/secretary with the same formality as resolutions as described above in Section 5.4. (e) An urgency ordinance is an ordinance adopted for the immediate preservation of the public peace, health, and safety, containing a declaration of facts constituting the urgency. An urgency ordinance takes effect immediately and requires fourfifths vote of the City Council for passage pursuant to Government Code § 36937.

5.6 Contracts and Agreements
When any contract or agreement is to be considered by the Legislative Body, the complete contract and agreement, if complete in form for execution, shall be made a part of the agenda package presented to the Legislative Body and shall be made available for viewing by thepublic within the time frames required under the Brown Act and/or the California Public RecordsAct (Government Code §§ 6250 through 6276.48). The Legislative Body may choose to leave the final form of the contract to the discretion of General Counsel if the Legislative Body hasdetermined the general conditions of the contract.

5.7 Limitation of Actions by Agenda
No action or discussion shall be taken by the Legislative Body, on any item not appearingon a posted agenda, subject only to the exceptions listed in Section 5.9 below. "Action taken" as used herein shall mean a collective decision made by a majority of the Legislative Body, a collective commitment or promise by a majority of the Legislative Body to make a positive or a negative decision, or an actual vote by a majority of the Legislative Body 451

upon a motion, proposal, resolution, order, or ordinance.

5.8 Public Comment Period
Pursuant to Government Code § 54954.3, every agenda posted for any meeting shall contain an item entitled “Public Comment” in order to provide for an opportunity for the publicto address the Legislative Body on items of interest to the public within the Legislative Body’s subject matter jurisdiction. The public comment period should be conducted in accordance with Article VII.

5.9 Exceptions to Agenda Requirement for Action Taken
The Legislative Body may take action at a meeting on an item not appearing on the agenda for that meeting only under one of the following circumstances:
(a) Upon a majority determination that an "emergency situation" that is either
(i) a work stoppage, crippling activity, or other activity that severely impairs public health,safety, or both, or (ii) a dire crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a Legislative Body toprovide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both. All discussion of such emergencies must be in open session.
(b) Upon a determination by a two-thirds (2/3) vote of the Legislative Body, or if less than two-thirds of the Legislative Body are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting.

For the purposes of this subsection, the term "need to take action" shall mean those circumstances whoseoccurrence creates a situation which is materially different from that which existed at the timethe agenda was posted, and which requires the immediate attention of the Legislative Body. The mere failure of any person to notify the Legislative Body or staff of a pre-existing situation requiring Legislative Body attention until after the time for the posting of the agenda shall not be deemed to constitute a "need to take action" hereunder. If the Legislative Body makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the "need to take action" and why the item could not be placed on the agenda.

5.10 Minutes and Recordings
(a) An account of all proceedings of Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare an abbreviated record of the meetings proceedings for approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meetingneed not be verbatim. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available.
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(b) Any recording of a meeting made by or at the direction of the Legislative Body is a public record that must be retained and made available to the public for at least 30days. The Legislative Body must provide to the public, without charge, equipment to review the record.

ARTICLE VI – ORDER OF BUSINESS

6.1 Order of Business
The order of business of each meeting shall be as contained in the agenda prepared by theClerk/Secretary unless the majority of the Legislative Body members consent to take items out oforder. The order of business at meetings of the Legislative Body may be as follows, in accordance with the procedures specified below:
(a) Roll Call.
(b) Announcement of Closed Session Items, if applicable. (c) Public Business from the floor on closed session items. (d) Recess.
(e) Reconvene Regular Meeting.
(f) Pledge of Allegiance.
(g) Closed Session Report, if applicable.
(h) Public Comments, Correspondence, Presentations, Appointments. (i) Announcements and Reports
(j) Consent Items. (See Section 6.3 below.)
(k) Public Hearings.
(l) Report(s) of Officers
(m) Discussion Items.
(n) Items for Future Agendas (Pending Matters).
(o) Adjournment.

6.2 Call to Order
The meeting of the Legislative Body shall be called to order by the Presiding Officer, or the Vice-Chair in the Presiding Officer’s absence. In the absence of both the Presiding Officer and Vice Chair, the meeting shall be called to order by the Clerk/Secretary and the threeLegislative Body members present shall elect by majority vote a Presiding Officer for that meeting.

6.3 Consent Items
Matters of a routine or generally uncontested nature and non-controversial, shall be placed on the agenda as Consent Items and may be approved by the Legislative Body in a single motion by adoption of the Consent Calendar. The approval of the Consent Calendar shall signifythe approval of each matter or recommendation included therein. All matters on the Consent Calendar shall be the subject to public comment procedures in Article VII. Upon the request of any member of the Legislative Body or upon the request of a member of the public made throughthe Presiding Officer, a matter may be removed from the Consent 453

Calendar for separate discussion and/or action. Any such item shall be considered as part of the Excluded Consent Calendar. Each matter proposed for consideration as part of the Consent Items, including any recommended action, shall be described on the notice and agenda posted for the meeting. The following matters are not appropriate for the Consent Calendar:
(a) Ordinances shall not be placed on the Consent Calendar for approval unless the ordinance has first been read or the reading of the ordinance has been waived as required by law.
(b) Any matter where the City Manager believes (i) it the matter would most likely be unanimously approved by the Legislative Body, or (ii) there is not likely to be public comment on the matter, or (iii) a public presentation of the matter would not be particularly beneficial to the community or public interest.

6.4 City Representatives and Advisory Bodies (City Council Only) (a) From time to time the Council may be required to assign a representative of the City to non-City boards, commissions, or organizations (e.g., boards or commissions of another agency or joint powers authority). Except as otherwise required by law or by the policies of the non-City organization, the Mayor shall make all such appointments of City representatives on non-City organizations after consultation with the City Council. Council appointments to non-City organizations shall be considered and made with the goal of keeping the appointee in the organization for a long enough period of time that the appointee may gain seniority and/or a position of leadership within the organization. This goal shall be construed to mean that the same appointee should remain within a non-City organization for at least two yearswhere reasonably possible and convenient for said appointee. Nothing herein, however, shall be construed to limit or waive the City Council’s power to remove appointees pursuant to subsection (c) below. (b) The City Council shall have the power to establish advisory committees,commissions, other Legislative Bodies and Non-Governing Bodies. Any committee which is (i) established by ordinance, resolution, or other formal action, or (ii) has a fixed regular meetingschedule, or (iii) has continuing subject matter jurisdiction over a nontemporary issue, or (iv) which continues to conduct business in excess of 180 days, or (v) has a majority membershipof officials from other Legislative Bodies, shall be subject to the provisions of the Brown Act.

Advisory bodies and committees may take the following form:
i) The Council may, as the need arises, authorize the appointment of “ad hoc” Council committees composed of two members. Except where otherwise specifically provided by law, the Presiding Officer shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council.
ii) The Council may, subject to the Brown Act, create other committees, boards, and commissions, whether Legislative Bodies or Non-Governing Bodies, 454

to assist in the conduct and operation of the City government with such jurisdiction and duties as the Council may specify. Except as otherwise required by law, the Mayor shall make appointments of members to such committees, boards, or commissions subject to the approval of the Council. The procedure of filling vacancies and provision of notice thereof shall be subject to the provisions of the Maddy Act (Government Code §§ 54970-54974). iii) Sub-Legislative Bodies, including Non-Governing Bodies, shall beresponsible for reporting the Body’s activities to the City Council. The members of a SubLegislative Body or Non-Governing Body shall operate within the jurisdiction established by the Council and shall not have authority to make subcommittees unless specifically granted such authority by action of the full City Council. Staff members may be assigned to assist any Council-created committee by the City Manager; staff members so assigned shall not be members of the committee unless specifically appointed as such by action of the full Council. (c) Absent any other provision to the contrary, members of any non-City organization, or City committees, boards or commissions may be removed by the Council without cause by a majority vote of the whole Council body. Any member of the City Council may place the question of such removal on the agenda. Any committees, boards, or commissionsso created may be abolished by a majority vote of the whole Council body by repeal of the enacting ordinance or resolution.

6.5 Budgets
The City Council shall have the power to approve the City budget, and each Legislative Body shall have the power to approve the budget of funds specifically apportioned to control of that Legislative Body (e.g., the Successor Agency Board shall approve the budget of the Agency and the Housing Authority Board shall approve the budget of the Authority).

Approval of the budget constitutes approval of a proposed plan of expenditures and revenues.

It does not constitute an authorization for expenditures. With respect to any given expenditure the applicable procedure shall be followed. Further adoption of the budget does not, unless otherwise specified by resolution, constitute authorization for any specific employment class or position.

6.6 Items from Members
(a) There is a specific item on the agenda for receiving general comments, announcements, and/or suggestions from members of the Legislative Body. This can be used to inform the public concerning upcoming events, report on members’ attendance at conferences and seminars, for requests by members that staff look into specific matters or similar matters. These matters may not be discussed, opined upon, or deliberated, and if they do not concern a matter on the agenda, shall be handled by the Presiding Officer according to the same proceduresset out for Public Comment in Section 7.3. No action may be taken on such matters without being placed on a subsequent agenda.
(b) There is an agenda item referred to as pending matters. Matters are listed under this item pursuant to Section 5.1 where a member has asked that the matter be scheduled for discussion of whether a future staff report should be prepared. The listing of the matter allows a discussion of whether a staff report should be prepared, or it may be held on the pendingagenda to keep track of when it will be assigned to a future agenda. 455

(c) There is an agenda item referred to as Reports from City Manager. This may be used by the City Manager similarly to the item for members of the Legislative Body in Subsection (a) above to make announcements without separately listing the matter on the agenda,and subject to the same restriction that there may be no discussion or action on such matter.
(d) There is an agenda item referred to as Reports from City Treasurer. The City Treasurer shall attend the meetings of the Legislative Body, unless excused. The City Treasurer may report on (i) the activities of the City Council Budget and Finance Committee and (ii) the duties of the City Treasurer as imposed under State law, except such duties otherwise delegated by the City Council to the City Clerk or the Administrative Services Director.

ARTICLE VII– PUBLIC COMMENT AND PRESENTATIONS

7.0 City Council Meeting Presentations
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value to include activities, events and infrastructure projects relating to the City, honors and celebrations for organizations, corporations and residents which reflect their service to the Banning community, honors, and recognitions for City staff for outstanding service or commitment to the City’s mission andgoals. Please Note: This is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics.

All presentations are to be no more than five minutes in length; this is to include all speakers for the group being recognized. Please see the attached “Exhibit B” for a complete copy of the Banning City Council Meeting Presentation Policy contained and incorporated as an exhibit to the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning.

7.1 Public Comment
At the beginning of any Legislative Body meeting the public shall be afforded the right tocomment on any and all issues (not on the agenda) within the subject matter jurisdiction of the Legislative Body. Such general public comment on non-agendized issues shall be taken at the beginning of the meeting under a “General Public Comment” heading. Each speaker will be limited to a maximum of three (3) minutes to provide comments on non-agendized issues.

With regard to matters not on the agenda, the Legislative Body may ask questions of persons whoraise new matters during the General Public Comment period or otherwise However, all Legislative Body questions must be limited to facts-only informational inquiries, and the Legislative Body may not discuss the merits, express any opinions, or ask questions that convey opinions or thought processes with respect to any non-agendized issue. The public shall also be afforded the right to comment on every item appearing on the agenda prior to the Legislative Body’s consideration of that item, as provided in Section 7.4 below.
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7.2 Time Limitations
The time limit to speak for public comments is five minutes during a noticed public hearing, provided that these limits do not apply to a project applicant speaking at a public hearing pursuant to Article VIII. All such time limits shall be noticed on the agenda for the meeting. Notwithstanding these time limits, the Presiding Officer has the full prerogative to maintain meeting order and decorum as provided in Section 9.1 and Article X generally, and the Presiding Officer may extend time if he/she finds such extension is reasonably necessary toallow the speaker to compete his/her message without repetition or unnecessary tangents.

7.3 Reserved

7.4 Additional Procedures for Public Comment on Agenda Items (a) Members of the public shall have the opportunity to address the Legislative Body on each and every item listed on the agenda. Public comment on agenda items must be heard prior to the Legislative Body’s consideration/discussion of the item.

Public comments on an agenda item may be heard either in combination with the General Public Comment period at the start of the meeting, or at the time the Legislative Body opens the item, orboth, as determined by the Legislative Body and set forth in the agenda. (b) The purpose of the public comment period is to receive input from the public, not to create a debate between the Members and the public. Members should generally refrain from debating members of the public during the period for public comment, but if Members desire to clarify comments by members of the public, they may ask factual questions, and if necessary, should do so during the public comment period. (c) The Presiding Officer should clearly open and close the public comment period. After the close of the public comment period or after a motion has been made, no member of the public shall address the Legislative Body without first securing permission of the Presiding Officer.

ARTICLE VIII– NOTICED PUBLIC HEARINGS

8.1 Public Hearings; Notice; Fairness
(a) Matters noticed to be heard by the Legislative Body shall commence at thetime specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.
(b) Legislative Body members shall not overtly or implicitly promise a particular action by City staff or by any Legislative Body. Where a Legislative Body member is contacted about an issue that will be presented to any Legislative Body of the City, it is appropriate to give a brief overview of City policy, to refer to City staff for further information, or to suggest that the concern be brought to the whole Council at the hearing or Council meeting,as appropriate.
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(c) All public hearing notices shall be issued and published in compliance with any statutory notice requirements applicable to the particular hearing at issue and such notice shall inform interested persons of the Statute of Limitations to challenge the validity ofany action taken by the Legislative Body on such matter. (d) In all matters before a Legislative Body, whether public hearing or otherwise, the Body must judge the matter fairly and without personal bias. Although every Legislative Body member has a right to their own personal opinions, Legislative Body members should by their demeanor show an ability to listen to a variety of viewpoints and demonstrate a reasonable willingness to consider all sides of an issue before them. For quasi adjudicative matters involving public hearings, the members of the Legislative Body shall not prejudice the matter prior to the public hearing, shall be fair and impartial, and shall decide the matter based upon the evidence and the statutorily required findings. (e) For such matters, Legislative Body members should avoid expressing an opinion or divulging their thought process until after the public hearing has been completed.

8.2 Continuance of Hearings
(a) Any hearing being held or noticed or ordered to be held by the Legislative Body may, by order or, notice of continuance, be continued, or re-continued to any subsequent meeting in the manner provided for adjourned meetings. (b) When it is the decision of the Legislative Body to continue an item, which appears on the agenda, prior to hearing any report, testimony or taking evidence on the item, the Legislative Body may make such intent known at the beginning of the meeting. At that time, the public shall be offered the opportunity to speak regarding the intent to continue the item. At the time regularly scheduled for the hearing of the item, the Legislative Body shall then take actionto continue the item after again informing the public of the intent to continue the matter. No testimony or evidence shall be taken at that time unless the speaker will not be available at the continued hearing date.
(c) When the Legislative Body has continued the public hearing on an item after its commencement, persons testifying at the first public hearing shall be permitted to again address the Legislative Body on the item at the renewed hearing subject to the finding of the Presiding Officer that the testimony is redundant. Upon such finding the time allotted for testimony by the individual may be summarily reduced.
(d) Continuances of a public hearing to a date certain need not be re-noticed unless (i) the hearing has not been continued to a date certain, or (ii) has been continued three or
more times and the Presiding Officer believe confusion may be created as to the time of thehearing.

8.3 Conduct of Hearings
(a) When a matter for public hearing comes before the Legislative Body, the Presiding Officer shall request that staff present the staff report and any other relevant evidence, but the presentation of the staff report prior to the formal opening of the public 458

hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. The Presiding Officer shall permit members of the Legislative Body to ask questions of staff but should prevent expressions of opinion by members of the Legislative Bodybefore the conduct of the hearing. (b) The Presiding Officer shall thereafter open the public hearing and inquireif there are any persons present who desire to address the Legislative Body on the matter. Any person desiring to speak or present evidence upon being recognized, may speak or present evidence relevant to the matter being heard. Any testimony shall be truthful. (c) Members of the Legislative Body who wish to ask questions of the speakers, during the public hearing portion, may do so but should be mindful that the purpose of the public hearing is to obtain testimony and evidence from the speakers, and not to debate the merits of the matter with speakers. Members should avoid debate and expressions of personal opinion until after the close of the public hearing. Unlike public comment periods, generally there should be no response to speaker comments until after the close of the hearing.

The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons.
(d) All persons interested in the matter being heard by the Legislative Body shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the Clerk/Secretary as part of the record. Each speaker may only speak once during the public hearing unless the Legislative Body requests additional clarification later in the process.
(e) Upon closing of the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the Legislative Body without reopening the public hearing. If, however, the Legislative Body receives relevant new evidence after the close of the public hearing and such new evidence may impact the Legislative Body motion or vote,the Legislative Body may re-open the public hearing to obtain public comments upon such new evidence.
(f) The Presiding Officer has the prerogative to establish special rules, such asto require group spokesmen, to limit the number of speakers to limit the total time for testimony to allow speakers to give time to others, or otherwise control the hearing, provided that (i) speakers are treated fairly, and that (ii) any such special rules are announced in advance of their application. The Presiding Officer always retains the prerogative to cut off speakers who are unduly repetitious, and to permit the extension of time to speakers.

8.4 Extra-Meeting Contacts on Matters Set for Public Hearing (a) Legislative Body members should minimize their contacts with developers, applicants, or other persons who will be the subject of a quasi-adjudicative public hearing matter to be heard before the Legislative Body. Legislative Body members should avoidextra-meeting contacts with persons who will be the subject of a public hearing before the Body or with advocacy groups or special interests.
(b) If a Legislative Body member is contacted directly by such person 459

outside the meeting setting, the member shall refrain from expressing any viewpoints or thought processes to the person until after the public hearing. The Legislative Body member may explainthat they are unable to express any viewpoint on the matter until all evidence has been heard in the course of a public hearing and should encourage any such person to present their position in writing or orally at the public hearing. (c) At the commencement of the public hearing, the Legislative Body membermust disclose publicly any extra-meeting contacts or discussions had which may be relevant to the decision.
(d) The limitations set forth in this Section shall not be read as preventing a Legislative Body member from inspecting a site that will be relevant to a public hearing, although such sight inspection should be disclosed on the record at the beginning of the public hearing.

ARTICLE IX - OFFICERS

9.1 Presiding Officer
(a) The meeting shall be presided over and chaired by the Presiding Officer, or, in the Presiding Officer's absence, the Vice Chair. The Presiding Officer shall have the authority to rule any speaker out of order, including speakers during the public comment periodif the subject raised is not within the subject matter jurisdiction of the Legislative Body, orduring a public hearing if the speaker is not presenting testimony or evidence relevant to the matter which is the subject of the public hearing. The Presiding Officer shall have the responsibility for the conduct of meetings in an orderly manner and to prevent the obstruction of business, and in carrying out this responsibility shall have the authority to give the floor to any member of the Legislative Body or public by recognizing them, to prevent the misuse of legitimate forms of motions or privileges, to take matters up out of order, to caution speakers as to disruptive behavior, and to order any persons willfully interrupting the meeting to be removed from the room, including as provided in Article X. (b) The Vice Chair shall generally take the place of the Presiding Officer inthe absence of the Presiding Officer. In the absence of the Vice Chair, the Presiding Officer maycall any other member to take his or her place as Presiding Officer; such substitution not to continue beyond adjournment.
(c) Any determination made by the Presiding Officer may be appealed by the making of a Motion to Appeal the Ruling by any other member of the Legislative Body. The Presiding Officer's determination will stand unless a majority of the Legislative Body members vote in favor of the Motion to Appeal the Ruling, in which case the ruling of the PresidingOfficer will be overridden. The Motion to Appeal the Ruling is governed by the Chart of Motions attached as Exhibit A.

9.2 Representation of Legislative Body
(a) The Mayor is the designated representative of the City and the City Council for purposes of presenting and expressing the official City position on an issue. If 460

individual members of the Council or other Legislative Bodies are contacted by the media for a statement of official City position, the member should refer such inquiries to the Mayor.

Otherwise, public or media statements by a Legislative Body member should be clearly characterized as comments upon a personal viewpoint.
(b) Members of the City Council may use official City letterhead to correspond with other public officials and with consultants, but any such correspondence shall state that the views expressed therein are personal and not the position of the City unless the CityCouncil has officially adopted such position. No commission or Sub-Legislative Body may take a position officially representing the City unless authorized to do so by the City Council.

9.3 Email Policy
(a) Members of the Legislative Body are provided with City email accounts which may be utilized for the conduct of City business, including communications with constituents. Members should be aware that all such communications may be subject to the Public Records Act (Gov’t Code Section 6200). Use of private email accounts for City business may also make them subject to disclosure.
(b) Members of the Legislative Body are subject to the Brown Act in the use of email. Email communications may not be used to develop a collective consensus or decision on any matter. Email communications to the entire Body should be avoided but may bepermitted to provide factual information, for example such as arranging an event, where no discussion or exchange of opinions on a matter within the jurisdiction of the Legislative Body is initiated or occurs.

9.4 Clerk/Secretary
The Clerk/Secretary or his/her deputy shall attend all meetings of the Legislative Body unless excused and shall keep the official minutes and perform such other duties as may be requested by the Legislative Body.

9.5 City Manager
The City Manager, or designee, shall attend all meetings of the Legislative Body unless excused. The City Manager may make recommendations to the Legislative Body and shall have the right to take part in all discussions of the Legislative Body but shall have no vote. The City Manager shall provide the Legislative Body with a staff report providing sufficient information to be the basis for any action by the Legislative Body at its meeting. Any officer or employee of the City, when directed by the City Manager, shall attend any meeting of the Legislative Body, and may present information relating to matters before the Legislative Body.

9.6 General Counsel
(a) The General Counsel, or deputy, shall attend all meetings of the City Council unless excused and shall upon request of any member give an opinion, either written or oral, on questions of law. The General Counsel, or deputy, shall attend all meetings of such 461

other Legislative Bodies as directed by the City Council or City Manager. The General Counsel serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Presiding Officer, subject to the appeal of the full Legislative Body pursuant to Section 3 of Article XI, below. All ordinances and resolutions, all contracts, deeds, and easements or other legal instruments shall be approved as to form and legality by the General Counsel. Contracts may be approved as to form and/or legality by the General Counsel when exceeding purchasing ordinance and policy guidelines. In any case of ambiguity or uncertainty inthe interpretation or application of this Manual to any procedure, the Presiding Officer may direct such question to the General Counsel for a ruling. (b) Any member of the Legislative Body may request from the General Counsel a legal opinion regarding any matter related to the interests of the City. Where a legal opinion involves substantial cost, the request for the opinion must first be approved by the City Manager or by a majority of the Legislative Body. The General Counsel is the legal representative of the City acting through its Legislative Body. There is a continuing legal question as to whether the General Counsel may have an attorney-client relationship with any individual member of the Legislative Body or the City staff. As a consequence, any discussion with the General Counsel which leads to the conclusion that the interests of the City are at risk must be revealed to all relevant members of the Legislative Body and the City staff by the General Counsel. The General Counsel shall not have an attorney-client relationship withindividual Council members. The General Counsel is required to maintain the confidentiality of such communications from persons outside the City to the extent required or permitted by law and the code of ethics.
(c) The General Counsel has no statutory duty or authority under the Political Reform Act to provide Political Reform Act advice to any Legislative Body member but should provide advice to members when requested. However, a Legislative Body member may not rely on advice from the General Counsel to provide him or her with immunity from FPPC enforcement or prosecution. Such immunity may be obtained only through a written advice letterobtained from the FPPC, on the question in issue, by the Legislative Body member. A Legislative Body member enjoys no privilege of attorney/client confidentiality in reviewing these matters with the General Counsel. Any advice given to an individual member of aLegislative Body cannot be withheld from the rest of the City or Legislative Body. If, after receipt of an opinion of the General Counsel, the Legislative Body member wishes to participate in the decision-making process with immunity from prosecution or enforcement, the General Counsel shall assist the Legislative Body member in making direct contact with the FPPC for informal or formal advice upon which the Legislative Body member can rely. (d) [City Council Only]. It often happens that other jurisdictions or the League of California Cities or other regional or statewide association will ask the City to participate in the filing of a letter or brief before a court in a matter deemed to be of concern toall or a great many cities. These “friend of the court” or “amicus” briefs have the effect of informing the court how widespread will be its opinion and how that opinion will affect cities.

Such participation is normally without direct cost to the City. In considering whether to direct General Counsel to file an amicus brief, the City Council shall consider whether such briefwould represent or propose a position that conflicts with, or causes strife amongst, other 462

City- related interests such as, without limitation, the interests of employee organizations, law enforcement or public safety.
i) Upon receipt of the request, the General Counsel shall make the request available through the City Manager to the Council. Upon a determination by any Council member that there is an interest in participating in the action in the manner proposed, theCouncil member shall inform the City Manager or General Counsel who shall place the matter asan item for discussion in closed session on the agenda of the next Legislative Body meeting. TheGeneral Counsel may otherwise place an amicus request on the agenda on his or her initiative.
ii) In lieu of the foregoing process, where there is urgency to the matter, General Counsel is authorized to undertake the filing of the letter or brief where (i) in the opinion of General Counsel the legal matter significantly affects the interests of the City, (ii) the General Counsel has consulted with and received the approval of the City Manager, (iii) the cost to the City will not exceed $5000, and (iv) the General Counsel makes a written report of the action to the Legislative Body.
iii) Approval given to General Counsel to defend, or seek or refrain from seeking, appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a closed session consultation shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

9.7 Conflicts of Interest
All Legislative Body members are subject to the provisions of California Law, such as Chapter 1, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Legislative Body. Any Legislative Body member prevented from voting because of a conflict of interest shall refrain from in any way participatingin the matter giving rise to the conflict. Where abstention from a matter is made on the basis of aconflict of interest arising from a financial interest in the decision, the Legislative Body member shall announce their abstention from the matter when it is first opened, and then shall set forththe reason for the abstention with the degree of specificity at least equal to the disclosure of the Legislative Body member’s financial interests on the Legislative Body member’s annual statement of financial interests; immediately after such announcements, the Legislative Body member shall leave the room. The Legislative Body member shall not overhear the staff report, participate in the discussion or deliberations, and shall not otherwise make or participate in making the decision or in any way attempt to use his or her official position to influence the decision. This shall not prevent the conflicted Legislative Body member from coming before theLegislative Body solely during the public 463

comment period as an affected citizen to state his/her opinion on how the matter impacts their disqualifying interests.

9.8 Reserved

9.9 No Financial Interest in Contracts
A member of a Legislative Body shall not have a financial interest in a contract within the meaning of (Government Code §1090 et seq.) made in their official capacity and such contract shall be null and void whether the member participates in the making of the contract or not.

9.10 Ethical Standards
A member of a Legislative Body shall maintain the highest ethical standards and shalladhere to all laws and the ordinances and regulations of the City in carrying out their duties.

ARTICLE X– DECORUM AND ORDER

10.1 Decorum and Order – Legislative Body Members
(a) Any member of the Legislative Body wishing to speak, or any member of the public wishing to address the Legislative Body must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any member of the Legislative Body who seeks the floor when appropriately entitled to address the Legislative Body. The Legislative Body member shall confine himself or herself to the question under debate.
(b) Any member of the Legislative Body, including the Presiding Officer,may bring a matter of business properly before the Legislative Body for decision by making a motion. Any Legislative Body member, including the Presiding Officer, except the Legislative Body member making the motion, may second a motion. Once a motion is seconded, it may be opened for discussion and debate.
(c) The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the majority Legislative Body. (d) A Legislative Body member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raisedby another Legislative Body member, or unless the speaker chooses to yield to questions from another Legislative Body member.
(e) Any Legislative Body member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall comply with ruling of the Presiding Officer.
(f) Legislative Body members shall accord the utmost courtesy to each other, to City or Legislative Body employees, and to the public appearing before the Legislative Body and shall refrain at all times from rude and derogatory remarks, 464

reflections as to integrity,abusive comments, and statements as to motives and personalities, which disrupt, disturb, or otherwise impede the orderly conduct of the Legislative Body meeting.
(g) Any Legislative Body member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Legislative Body shall require the member to so act.
(h) The members of the Legislative Body shall not engage in communicationsbetween themselves during the Legislative Body meeting (including breaks) regarding matters being considered on the agenda unless and until the Legislative Body has opened that agenda item. In order to minimize exposure to a Brown Act violation, Legislative Body members are discouraged from discussing any City business during breaks or before and after meetings; City business may only be discussed by a quorum of Legislative Body members when it is opened asa duly noticed agenda item. (i) The members of the Legislative Body shall always be attentive and show respect to those addressing the Legislative Body provided that nothing shall prevent the enforcement of the rules of decorum herein.
(j) No Legislative Body member attending a meeting of another City commission or committee shall make any statement or, give the appearance or indicate in any way that they are representing the Legislative Body unless they have been authorized to do so bythe Legislative Body. When making a comment at such a meeting, the Legislative Body member should make it clear that they are speaking solely as an individual. Unless officially appointed toparticipate on a committee, Legislative Body members should make an effort not to insert themselves into or take positions on matters which will ultimately be decided upon by the Legislative Body.
(k) The Legislative Body may punish its own members for misconduct pursuant to Section 10.5.

10.2 Decorum and Order – Employees
(a) Members of administrative staff and employees of the Legislative Body shall observe the same rules of procedure and decorum applicable to Legislative Body members. The City Manager shall ensure that all staff and employees observe such decorum.

Any staff members, including the City Manager, desiring to address the Legislative Body or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to thePresiding Officer and not to any individual Legislative Body member or member of the public.
(b) Questions of City staff and/or requests for follow-up or additional background information should be directed only to the City Manager, General Counsel, AssistantCity Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the General Counsel. When in doubt about what staff contact isappropriate, Legislative Body members should ask the City Manager for direction.

Materials supplied to a Legislative Body member in response to a request will be made 465

available to all members of the Legislative Body so that all have equal access to information. (c) Legislative Body members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.

10.3 Decorum and Order – Public
(a) Members of the public attending Legislative Body meetings shall observe the same rules of order and decorum applicable to the Legislative Body. All remarks and questions should be addressed to the Presiding Officer and not to any individual LegislativeBody member, staff member or other person.
(b) Any person conducting their public remarks or behavior before the Legislative Body in such a way as to actually cause disruption to the conduct of the meeting maybe removed from the room by the sergeant-at-arms as directed by the Presiding Officer.

Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar disruptive demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-at- arms to remove such offenders from the room or call a recess of the meeting.

Aggravated cases may be prosecuted on appropriate complaint signed by the Presiding Officer. (c) Members of the public shall be allowed to video or audio record a public meeting unless such recording becomes an actual and unreasonable disruption to the Legislative Body’s ability to carry-out the meeting.

10.4 Enforcement of Decorum
(a) The Banning Police Chief or designee shall be ex-officio sergeant-atarms of the Legislative Body. He shall carry out all orders and instructions given him by the PresidingOfficer for the purpose of maintaining order and decorum in the Legislative Body meeting.Upon instructions from the Presiding Officer, it shall be the duty of the sergeant-at-arms to eject any unruly person from the Legislative Body meeting chamber or place him or her under arrestor both for conduct actually disrupting to the Legislative Body proceedings. Such person may bebarred from further participation in the meeting. (b) Generally, if the Presiding Officer intends to eject a person for disruption of a meeting, a public warning should be issued. Examples of remarks or behavior that cause actual disruption of the Legislative Body proceedings include:
• Unauthorized remarks from the audience, stamping of feet, whistles, yells, outbursts, catcalls, cursing, applause, offensive or obscene gestures or similar demonstrations which disrupt, disturb, or otherwise impede the Legislative Body proceedings • Interrupting speakers or speaking when not recognized • Calling members of the audience names or threatening them • Extended discussion of matters beyond the jurisdiction of the Legislative Body
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• Physical threats to any person
• Shouting into the microphone
• Dumping objects on the floor of the chamber where the proceedingis held for symbolic or other reasons.
• Speaking beyond the time limits
• Being unduly repetitious
(c) Examples of non-disruptive conduct include:
• Silent gestures by members of the audience, such as a thumbs upor thumbs down or Nazi salute that are not otherwise
disruptive of the meeting.
• Catcalls or booing during a time allowed for applause that does nototherwise disrupt the meeting.
• Criticisms of public officials or staff during a time reserved for public comment that does not otherwise violate Council
proceduresand does not disrupt the meeting.
(d) As set forth in Government Code § 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Legislative Body members may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the Legislative Body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

10.5 Censure of Legislative Body Members
(a) It shall be a violation of this section for any sitting member of a Legislative Body to violate any general law or regulation, and any, rule, law, ordinance, or resolution of the City of Banning. It shall also be a violation of this section for any sitting member of a Legislative Body to violate an administrative policy of the City which has been adopted following a vote of the Legislative Body or the City Council on the matter and which by its terms is expressly made applicable to the Legislative Body. (b) Any violation of the foregoing paragraph by a Legislative Body member may be punished through the administration of a public censure of the member by the member’s Legislative Body. Such censure may be in addition to any other punishment applicable to the violation. For purposes of this section, "censure" shall mean the adoption of a motion setting forth a statement of disapproval of a Legislative Body member's conduct. (c) When evaluating a request for defense made by the censured member in litigation arising from the censured conduct, the record of the censure shall be considered by the Legislative Body. Such record shall not be determinative. Failure of the Legislative Body to censure the conduct of a member does not constitute waiver of the Body's right to refuse to 467

defend the member in an action.
(d) A Legislative Body member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct theviolation if it can reasonably be corrected. Upon a continued violation or failure to correct, the charged member shall be given notice and an opportunity to be heard as follows:
(i) Only a sitting member of the Legislative Body whose member commits the violation may initiate proceedings for the censure of one of its members.
(ii) Proceedings shall be commenced by the presentation of a written statement of charges to the subject Legislative Body member witha copy delivered concurrently to the Clerk/Secretary by the member initiating the charge. Initiation shall not require the prior approval of the Legislative Body. The statement of charges shall be given at least ten days prior to the meeting at which the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. which the member is claimed to have violated and a statement of the date, place, and time at which the violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation. The statementof charges shall be delivered to all other Legislative Body persons.
(iii) Within seven (7) days after delivery of the statement of charges, the charged member should deliver a written response to the other members of the Legislative Body unless the charged member chooses to defer to response to the hearing.
(e) The motion for censure shall be agendized and considered at the first regular meeting occurring 10 days following the delivery of the statement of changes to the member and Clerk/Secretary. The hearing may not be continued except upon the absence from the meeting of a member of the Legislative Body other than the member bringing the charge or the member who is the subject of the charge.
(i) The hearing shall be conducted in an open session by the PresidingOfficer unless the Presiding Officer is a party to the action, in which case the Vice Chair or some other member shall conduct theproceedings.
(ii) The hearing shall generally proceed by a reading of the charges by the charging member. The charging member may present witnesses; the charged member may answer in rebuttal;
membersof the public may speak in favor or opposed to the charge; and the remaining members may speak to the charges in that order.
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(iii) Passage of the motion for censure shall require a majority vote of the members of the Legislative Body. The voting members shall not go into closed session for deliberation.
(f) If the motion for censure does not pass the proceedings shall be at an end.

A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Legislative Body member for a period of 1 calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the 1-year period on the vote of 4 members of the Legislative Body. (g) If the motion for censure does pass, such motion shall become a part of thepublic record a copy of which shall be made available upon demand to any member of the publicand notice of same shall be placed in the administrative file of the Legislative Body member.

10.6 Persons Authorized To Be Within Platform/Dais
No person except Legislative Body officials or authorized Legislative Body staff shall be permitted behind the Legislative Body dais without permission or consent of the Presiding Officer.

10.7 Personal Privilege
If a Legislative Body member is personally offended by the remarks of another member, the offended Legislative Body member should make notes of the actual words used and call for a"point of personal privilege" that challenges the other member to justify or apologize for the language used. The Presiding Officer will maintain control of this discussion.

The right of a member to address the Legislative Body on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned, or impugned.

ARTICLE XI – PARLIAMENTARY PROCEDURES

11.1 Procedures In Absence Of Rules
(a) Unless otherwise specified in this Manual or by ordinance or resolution, meetings of the Legislative Body shall be conducted in accordance with the most recently revised edition of Robert's Rules of Order. In the event of any conflict between Robert's Rules and this Manual, the provisions of this Manual shall govern. (b) Any provision of these rules not governed by the Government Code may be temporarily suspended by a two-thirds vote of all members of the Legislative Body.

Such suspension may be moved at any time by a member. The vote on any such suspension shall be taken by yeas or nays and entered upon the record. (c) Motions, motion procedures and precedence of motions shall be conductedin accordance with Exhibit “A” hereto.
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11.2 Voting
(a) After a full opportunity for debate if it appears that there is a consensus of opinion among the members of the Legislative Body on the matter to be voted upon, thePresiding Officer may state the consensus of the Legislative Body and ask if there is any objection. If there is no objection, the consensus as so stated shall become the order of the Legislative Body. The Presiding Officer may also determine that a consensus exists following a call for a vote by any member of the Legislative Body by a Motion to Call the Question. (b) Except as in Subsection (a) above, otherwise, all votes of the Legislative Body shall be taken by electronic vote. In the event the electronic voting machine is not functioning or otherwise unavailable, vote shall be by roll call vote. The order voting shall be alphabetical with the Presiding Officer voting last. The Clerk/Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond ‘aye’, ‘no’ or ‘abstain.’ After every vote, the Legislative Body shall declare the result and, on all but consensus votes, shall note for the record the number of votes for or against the question. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered uponthe official record of the Legislative Body.

11.3 Votes Needed
(a) Usually, in the absence of a contrary statutory provision (such as urgency measures), a majority of a quorum which constitutes a simple majority of the Legislative Body may act for that body. However, resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of a Legislative Body.
(b) State law may dictate certain instances in which the number of votes required is greater than a majority of all Legislative Body members. As a matter of convenience,questions on which the voting requirement is varied by the State statutes and these rules, include,without limitation, the following:
(i) Levying Taxes - Ordinances providing for the Assessment andcollection of taxes require the approval of two-thirds of the members of the whole Council.
(ii) Assessment - Assessments require a two-thirds vote of the whole Council.
(iii) Bonds and Certificates of Participation - Authorizing these financial instruments the issuing requires a two-thirds vote of the total Council.
(iv) Eminent Domain - The exercise of Eminent Domain requires a two-thirds vote of the total Council.
(v) Certain Parliamentary Motions – Motions requiring a 470

supermajority vote are noted in the Motions Chart attached hereto.
(c) Any official with a conflict of interest is not counted for purposes of establishing a quorum, and must not vote on, make, participate in any way in, or attempt to influence the decision. A Legislative Body member abstaining on any other grounds than a conflict under the Political Reform Act shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. The Legislative Body member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as ifthey were present but abstaining and such abstentions are also counted with the majority. (d) Reconsider
Any Legislative Body member who voted with the majority may move to reconsider any action at the same meeting or, within sixty (60) calendar days, request in writing to the Clerk/Secretary that it be agendized for consideration at the following meeting, provided that reconsideration shall not be permitted where a party other than the City has acted in reliance on the Legislative Body’s action and would be substantially prejudiced by such reconsideration.The Clerk shall apprise the City Attorney of any facts constituting substantial prejudice and may rely upon the determination of the City Attorney. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Legislative Body member who voted against the earlier motion may move for reconsideration at the following meeting. The member seeking reconsideration must have the matter agendized unless the motion will be made at the same meeting where the original action was taken. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Legislative Body.

11.4 Tie Votes
Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Legislative Body members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. In such case the findings in support of the decision shall be those of the lower body. If a tie vote results at a time when less than all members of the Legislative Body are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Legislative Body, unless otherwise ordered by the Legislative Body.

11.5 Abstentions
Members of the Legislative Body are discouraged from abstaining from a vote for reasons other than a legally-disqualifying, financial conflicts of interest. However, if a member chooses to abstain from voting as a result of what he/she perceives as a personal or nonfinancial conflict of interest, the member may do so after stating for the record the nature of the perceived conflict. In the event of such a perceived conflict (as opposed to a legally disqualifying conflict), the member is not required to leave the dais. 471

(a) A Legislative Body member shall generally express their positions on all matters except those where they are required to abstain due to legally recognized conflict of interest.
(b) A Legislative Body member who has appealed the action of any person or body of the City on a matter which does not constitute a conflict of interest for the member underany law, may participate in the hearing on the appeal, unless there is clear and convincing evidence that such member is not objective or the member feels that they are unable to remain neutral, or as may be otherwise advised by the General Counsel.

Notwithstanding any contrary provisions herein, in bringing an appeal, the Legislative Body member need not give reasons for making the appeal.
(c) A Legislative Body member may abstain from action on a matter where inthe member’s opinion, there might be a public perception that participation in the discussion or decision would be inappropriate even though the member has no disqualifying financial interest within the meaning of FPPC rules and regulations.

11.6 Votes Of Members Previously Absent
(a) A Legislative Body member who was not present at a meeting should generally not vote on the approval of minutes for that meeting, but the voting on such minutes shall have no effect on the validity of the minutes.
(b) A Legislative Body member may vote on a continued item after an absence from the earlier public hearing of the matter if, prior to the vote, the member affirms on the record that they have familiarized themselves with the record of the earlier meeting and are prepared to vote on the issue. If the member shall abstain from the vote, the member shall be counted towards the quorum on the issue and the abstention shall be counted with the vote of the majority of the quorum.
(c) The forgoing shall not apply to the matter of a vote on the minutes of a meeting at which the member was not in attendance. In that instance, the member abstaining on the grounds of non-attendance at the meeting to which the minutes pertain shall not be counted towards the quorum on the issue and the abstention shall not be counted with the votes of the majority of the quorum.

11.7 Appeals by Members of Legislative Body
Except where otherwise provided, a member of the Legislative Body shall be deemed an interested person in any matter by a subordinate body and shall have standing to appeal to the Legislative Body any decision by a Sub-Legislative Body, or any determination made by any official of City by filing a written appeal. The appeal shall not state any grounds for the appeal and the resulting hearing shall be de novo. The appeal must be filed within 10 days of the making of the decision being appealed and shall be filed with the Clerk/Secretary who shall give written notice to the applicant and provide written notice to other persons as required for the original action. The hearing shall be held at the first regular meeting of the Council for which notice can be legally given. No appeal fee shall be required to be paid for such appeals.
472

11.8 Findings and Decisions
Decisions of a Legislative Body, when acting as a quasi-adjudicative body (public hearings) should be framed in terms of “findings” of fact, potentially relevant conclusions of law,and ultimate decisions showing the basis for the decision and the nexus between the findings, theconclusions, and the decision. The Legislative Body members must consider any legally- mandated findings applicable to a matter and consider the evidence presented to them in light of such findings in making their decisions.

ARTICLE XII- PROCEDURES FOR CONSIDERATION

OFDEMANDS FOR CORRECTIVE ACTION

12.1 Requirement of Written Demand
Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Legislative Body void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk/Secretary a written demand clearly describing the challenged action, the nature of the claimed violation, and the corrective action sought. Such demand must be served upon the Clerk/Secretary within ninety (90) days of the alleged violation or thirty (30) days if the action was taken in open session but in violation of § 54952.2 of the Government Code. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action alleged to have been taken in violation of §§ 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 of the Government Code.

If the written demand is timely served, the Legislative Body has up to thirty (30) days to cure and correct its action. If the Legislative Body does not act, any lawsuit must be filed within the next fifteen (15) days.

12.2 Consideration of Corrective Action
Upon receipt of such a demand, consideration of the demand shall immediately be placed on the agenda for the next meeting of the Legislative Body. If the demand is received less than72 hours prior to the time set for the next meeting, the Legislative Body may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the agenda and may consider it at that meeting pursuant to Article VI Section 9, above. A description of any item so placed on the agenda shall include both consideration of the demand, and the possibility of corrective action by the Legislative Body.

In considering such demands, the Legislative Body shall first determine by motion whether to reconsider the prior action. The motion to reconsider shall be in order as long as made by a party on the prevailing side. If no motion to reconsider is carried the Clerk/Secretary shall inform the demanding party in writing of the Legislative Body's decision not to cure or correct the challenged action. (See, § 11.4 hereof.) 473

12.3 Implementing Corrective Action
If a motion to reconsider passes, the Presiding Officer may entertain a motion to take corrective action. Any motion taking corrective action shall address the concerns raised in the consideration of corrective action. The motion taking corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out of order if the action complained of: (i) was in connection with the sale or issuance of notes, bonds, or other evidence of indebtedness, or any contract, agreement, or incident thereto; (ii) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied; or (iii) was taken in connection with the collection of any tax.

In any event, the Legislative Body shall notify the party making the demand in writing of its decision to take corrective action and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than 30 days after receipt of the demand.

ARTICLE XIII – MISCELLANEOUS

13.1 Interpretation
This Manual shall be liberally construed to effectuate its purpose and no ordinance, resolution, proceeding or other action of the Legislative Body shall be invalidated, or the legality thereof otherwise affected by the failure or omission of the Legislative Body to technically comply with, observe or follow the within rules. The City Council may, by resolution, adopt further rules of interpretation or practice.

13.2 Amendments
This Manual may be amended from time to time as necessary by resolution passed by a majority vote of the City Council at any regular or special meeting, provided that no such amendment shall be adopted unless at least seven days' written notice thereof has been previously given to all Legislative Body members serving the City. Such notice shall identify the section or sections of the Manual proposed to be amended.

13.3 Power to Issue Subpoenas
The Legislative Body may issue subpoenas requiring attendance of witnesses or production of books or other document for evidence or testimony any action or proceeding pending before it. (Gov’t Code Section 37104.) Subpoenas shall be signed by the Presiding Officer and attested by the Clerk. They may be served as subpoenas are in civil actions. 474

EXHIBIT A
Chart of Motions

1. Motions listed in order of precedence

MOTION YOU SAY THIS
May you
interrupt
the
speaker?
Do you
need a
second?
Is it
debatable
?
Can it be
amended
?
What
vote is
needed?
Can it be reconsidered?
Adjourn meeting “I move to adjourn.” No Yes No No Majority No Call an intermission1 “I move to recess for…” No Yes No Yes Majority No Register a complaint “I rise to a question of
privilege” Yes No No No None No (usually)
Temporarily suspend
consideration of an
issue2
“I move to table the motion” No Yes No No Majority No
Close debate “I move the previous question” No Yes No No 2/3 No, unless the vote on question has not been taken
Limit or extend debate “I move that the debate be
limited [or “extended”] to…” No Yes No Yes 2/3 Yes
Give closer study of
something3
“I move to refer the motion to
the committee” No Yes Yes Yes Majority Yes, unless the board has already taken up the subject Amend a motion “I move to amend the motion
by…” No Yes Yes Yes Majority Yes
Motion to continue to a
certain time
“I move that the motion be
continued to…” No Yes Yes No Majority Yes
Introduce business
(bring a main motion) “I move that [or “to”]...” No Yes Yes Yes Majority Yes 1 Should specify period of recess.
2 A motion to take up a matter previously tabled must be made at the same meeting as the motion to table, If not, the motion tabled dies. 3 May contain specific instructions for board members and a date fir certain for reconsideration, If not date is not certain, restored by a motion to take up matter previously tabled” which is permissible in this case even if not same or next meeting, 475