Banning City Council
July 9, 2024

City of Banning
467
ATTEST:

Caroline Patton, De
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
Resolution 2021 -91

468
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2021-91 , was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of October 2021 by the following vote, to wit:

AYES: Council Members Hamlin, Happe, Pingree, Sanchez, and Mayor Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2021-91

Caroline Patton, D uty City Clerk
City of Banning, Californic;1
469
2023-167 Oct. 10, 2023
FOR
10/24/2023
470
471
472
RESOLUTION 2023-167

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING PROGRAM SUPPLEMENT AGREEMENTS WITH THE STATE OF

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THREE HIGHWAY SAFETY IMPROVEMENT CYCLE 11 GRANTS FOR THE TRAFFIC SIGNAL

HARDWARE UPGRADE AT SEVENTEEN SIGNALIZED INTERSECTIONS,

PEDESTRIAN CROSSINGS UPGRADE AT NINETEEN INTERSECTIONS AND WILSON STREET/12TH STREET INTERSECTION IMPROVEMENTS
WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation ( Caltrans) Cycle 11 Highway Safety Improvement Program for the upgrade of traffic signal hardware at seventeen ( 17) signalized intersections throughout the City; and WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 11 Highway Safety Improvement Program for the upgrade of pedestrian crossings at nineteen ( 19) intersections throughout the City; and
WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 11 Highway Safety Improvement Program for the improvement of Wilson Street and 12th Street intersection; and
WHEREAS, on March 9, 2023, the City received notification from Caltrans that the City's three (3) HSIP grant applications selected for funding; and WHEREAS, to proceed with the Preliminary Engineering ( PE) phase, the City and Caltrans must execute Program Supplement Agreements No. HSIPSL-5214(016) for 54,000, HSIPSL-5214(017) for $76,500 and HSIPSL-5214(018) for $44,460 as part of the funding authorization process.

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

SECTION 1. The City Council approves Program Supplement Agreements with Caltrans for three (3) Highway Safety Improvement ( HSIP) Cycle 11 grants for the Traffic Signal Hardware Upgrade at 17 Signalized Intersections, Pedestrian Crossings Upgrade at 19 Intersections and Wilson Street/12th Street Intersection Improvements.

SECTION 2. The City Council authorizes the City Manager or his designee to execute Program Supplement Agreements No. HSIPSL-5214(016), HSIPSL-5214(017) and HSIPSL-5214(018).

Resolution 2023- 167

473
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 10th day of October 2023.

ATTEST:
aroline Patton , D
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2023- 167

Albert , Mayor
City o
474
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2023-167 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 10th day of October 2023 by the following vote, to wit:

AYES: Flynn , Gonzales , Minjares, Sanchez, and Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2023-167

Caroline Patton , Dep , City Clerk
City of Banning, Califo rn,a
475
STC Traffic, Inc
Mailing and Business Address:
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
Principal Contact: Jason Stack, President
P: (760) 602-4290
Submitted By:

Proposal for:

City of Banning | May 17, 2024
Design Services for the
Upgrade of Traffic Signal Hardware
RFP-24-064
476
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-064i
477
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-064 ii
478
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-0641
479
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-0642
480
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-0643
481
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 4 •
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STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 7 •
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ID Task Name Duration Start Finish
1 NTP 0 days Fri 5/31/24 Fri 5/31/24
2 Task 1.0 Project Management/Administration 171 days Fri 5/31/24 Fri 1/24/253 Kick‐off Meeting 0 days Tue 6/4/24 Tue 6/4/244 Progress Meeting 1 0 days Tue 6/25/24 Tue 6/25/245 Progress Meeting 2 0 days Tue 7/16/24 Tue 7/16/246 Progress Meeting 3 0 days Tue 8/20/24 Tue 8/20/247 Progress Meeting 4 0 days Tue 9/24/24 Tue 9/24/248 Task 2.0 Preliminary Investigation/Site Assessment
25 days Mon 6/10/24 Fri 7/12/24
9 Task 2.1 Field Investigations 5 days Mon 6/10/24 Fri 6/14/24 10 Task 2.2 Potholing (Optional Task) 20 days Mon 6/17/24 Fri 7/12/2411 Task 2.3 Preliminary Engineering 5 days Mon 6/17/24 Fri 6/21/2412 Task 3.0 Engineering Design 65 days Mon 6/24/24 Fri 9/20/2413 60% Plans Submittal 15 days Mon 6/24/24 Fri 7/12/2414 60% Plans City Review 10 days Mon 7/15/24 Fri 7/26/2415 90% Plans Submittal 15 days Mon 7/29/24 Fri 8/16/2416 90% Plans City Review 10 days Mon 8/19/24 Fri 8/30/2417 100% Plans Submittal 15 days Mon 9/2/24 Fri 9/20/2418 Task 4.0 Permitting 25 days Mon 7/15/24 Fri 8/16/2419 Task 5.0 Specifications and Cost Estimates 40 days Mon 7/29/24 Fri 9/20/2420 Task 5.1 Project Specifications and Bid Documents
40 days Mon 7/29/24 Fri 9/20/24
21 90% Project Specifications & Bid Documents
Submittal
15 days Mon 7/29/24 Fri 8/16/24
22 90% Project Specifications & Bid Documents
City Review
10 days Mon 8/19/24 Fri 8/30/24
23 100% Project Specifications & Bid
Documents Submittal
15 days Mon 9/2/24 Fri 9/20/24
24 Task 5.2 Engineers Estimate of Probable
Construction Cost
40 days Mon 7/29/24 Fri 9/20/24
25 90% Engineers Estimate of Probable
Construction Cost Submittal
15 days Mon 7/29/24 Fri 8/16/24
26 90% Engineers Estimate of Probable
Construction Cost City Review
10 days Mon 8/19/24 Fri 8/30/24
27 100% Engineers Estimate of Probable
Construction Cost Submittal
15 days Mon 9/2/24 Fri 9/20/24
28 Task 6.0 Bidding/Construction Support 90 days Mon 9/23/24 Fri 1/24/25 NTP
Kick‐off Meeting
Progress Meeting 1
Progress Meeting 2
Progress Meeting 3
Progress Meeting 4
May Jun Jul Aug Sep Oct Nov Dec Jan
Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025
STC Task City Task Milestone Summary
City of Banning
Design Services for the Upgrade of Traffic Signal Hardware May 17, 2024
9 487
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-064 10
488
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 11 •
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STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-064 12
490
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 13 Rob
491
Relevant Experience
City of Menifee, Traffic Engineering Services, 2018-2023 City Traffic Engineer. Responsible for all traffic engineering functions with limited staff and intensive development in a fast-growing city. He joined HSIP projects for citywide implementation of wireless traffic signal interconnect during the construction phase. He worked with STC to address issues from the contractor, reconfiguring radios and documenting needs and solutions to bring signals online. He continued to work with STC for the HSIP grant application, design, and construction of citywide pedestrian improvements that included pedestrian countdown heads and APS push buttons. He continues to support the City under a current on-call contract.

City of Temecula, HSIP Cycle 11 Streetlight & Traffic Signal Communications Upgrade, 2023-Present
Project Manager. Rob is responsible for overseeing all project elements for improvements that include fiber and wireless traffic signal interconnect, stateof-the-art ATC control technology, new traffic signal coordination, safety lighting upgrades, traffic signal and pedestrian head visibility upgrades, and signal rewiring.

City of Beaumont, On-Call Traffic Engineering Services, 2023-Present Principal Manager. Leading task orders for on-call contract to support Capital Improvement Projects, traffic operation and analysis, and traffic safety improvements. Rob is currently managing the upgrade of the existing traffic signal at the intersection of Cougar Way/Beaumont Avenue, which includes coordination with the city and their traffic signal maintenance contractor, developing a Basis of Design, and traffic signal progamming.

City of Jurupa Valley, On-Call Traffic Engineering Services, 2023-Present Principal Manager. Manages task orders issued by the City. He conducts monthly meetings with City staff to discuss status of projects, provides land development review, and traffic design plan checks.

City of Cathedral City, On-Call Traffic Engineering Services, 2023-Present
Project Manager. Manages task orders issued by the City. Scope includes speed data analysis, intersection control studies, safety studies, plan review, traffic signal design, grant support, and other services. Recent tasks completed include development of four successful grant applications for HSIP Cycle 11.

Additional Regional Experience
Š City of Menifee, HSIP Cycle 7 Citywide Traffic Signal Interconnect Š City of Menifee, HSIP Cycle 8 Citywide Pedestrian ADA Improvements Rob’s professional
experience includes serving
20 years as the City Traffic
Engineer for the City of
Encinitas and 5 years for
the City of Menifee, where
he managed all aspects of
City transportation tasks,
including working directly
with maintenance staff in
the field to troubleshoot
signal issues and working
with elected and appointed
officials, citizens, community
groups, Caltrans, and
school districts. He currently
manages on-call tasks for
cities of Cathedral City,
Beaumont, Menifee, and
Jurupa Valley and provides
on-call plan check services
for the City of Banning.

Years of Experience: 34
Education
B.S. Civil Engineering,
University of California,
Irvine, 1990
Professional
Registrations
Professional Engineer
(Civil) CA, #60204
Professional Engineer
(Traffic) CA, #1829
Principal Manager
Rob Blough PE, TE
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 14 492
Relevant Experience
City of Banning, HSIP Cycle 11 Grant Management Services and Local Roadway Safety Plan, 2022
Project Engineer III. Ashley led development and submittal of the City’s three successful HSIP grant applications and served as task lead for preparation of the City’s LRSP. She was responsible for extensive coordination with the City, developing the countermeasure toolboxes, identifying Priority Projects, overseeing preparation of the report, and stakeholder outreach.

City of Jurupa Valley, HSIP Cycle 10 Citywide Traffic Signal Coordination and Safety Upgrades, 2023-Present
Project Engineer III. The project aims to implement citywide traffic signal system safety improvements through improved traffic signal interconnect and signal timing, coordination, and operation and upgraded traffic signal heads with retroreflective back plates. Ashley manages grant processing and led efforts for traffic communications network analysis, which includes documenting the existing system’s functionality and deficiencies, assessment of bandwidth needs, implementation and prioritization strategies, and mapping of current, near-term, and future network architecture. She is currently supporting development of PS&E.

Various Agencies, HSIP Grant Applications, 2015-Present Task Order Manager. Ashley has prepared 18 HSIP applications for 8 public agencies in San Diego and Riverside Counties resulting in over $10.8 million in successful awards since HSIP Cycle 7. She is an expert in creating the most complete crash database possible by cross-referencing and combining data from the SWITRS and TIMS state databases, local Crossroads crash databases, and local collision reports by coordinating with police departments and local agency safety officers. She oversees data analysis, production of collision diagrams and crash summaries, application of LRSM countermeasures, benefit-cost ratio calculations, and responses to narrative grant application questions. 100% of the HSIP applications she has prepared were selected for approval.

Additional Regional Experience
Š City of Menifee, HSIP Cycle 7 Traffic Signal Communications and TMC Š City of Eastvale, On-Call Traffic Engineering Services Š City of Moreno Valley, On-Call Traffic Engineering Services Š City of Temecula, On-Call Traffic Engineering Services Š Various Riverside County Agencies, Local Roadway Safety Plan & SSAR Š Various Riverside County Agencies, HSIP Grants Management Š City of Eastvale, Limonite Traffic Signal Synchronization Ashley is an engineer with 10
years of versatile experience
in traffic engineering
and transportation
planning. With a strong
understanding of local
standards and federal
funding requirements, she is
a proven expert at aligning
municipal goals with grant
funding opportunities.

She is STC’s resident “grant
guru” and has prepared
grant applications for the
HSIP, ATP, Safe Routes to
School, and Smart Growth
programs, achieving
upwards of $40M in grant
funding for roadway safety
projects.

Years of Experience: 10
Education
B.S. Civil Engineering, Cal
Poly Pomona, 2011
UC Berkeley Institute of
Transportation Studies,
2019
Professional
Registrations
Engineer-In-Training (EIT),
CA #144928
Project Engineer III
Ashley Adamos EIT
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 15 493
Relevant Experience
City of Banning, HSIP Cycle 11 Grant Management Services and Local Roadway Safety Plan, 2022
Project Engineer III. Myles conducted preliminary review of pertinent city documents applicable to the City’s street system and collected and reviewed traffic collision data and any relevant planned improvements. Traffic collision data was utilized to identify any critical safety issues from which proven counter measures were derived and implemented in the final document.

City of Jurupa Valley, HSIP Cycle 10 Citywide Traffic Signal Coordination and Safety Upgrades, 2023-Present
Project Engineer III. Supported HSIP grant development for citywide traffic signal system safety improvements through improved traffic signal interconnect and signal timing, coordination, and operation and upgraded traffic signal heads with retroreflective back plates. Myles helped develop the traffic communications network report, which mapped out the City’s existing traffic communications system, supported development of the implementation strategy, and is currently developing PS&E.

City of Cathedral City, HSIP Cycle 10 Ramon Road Signalized Pedestrian Crossing, 2020-Present
Project Engineer III. Myles supported the Basis of Design, which evaluated the optimal location and control type for the proposed midblock pedestrian crossing, prompting the City to forgo a HAWK signal for a standard pedestrian signal crossing as the option that offered greater benefits. He continues to support follow-on phases of the project.

City of Menifee, On-Call Traffic Engineering Services, 2020-Present Project Engineer III. Myles conducts a variety of planning and preliminary engineering studies to support City initiatives under the on-call services contract. Recent projects he has completed include developing a spreadsheet to track Riverside County projects that border the City and provide mitigation recommendations for projects that impact Menifee roadways, a signal/allway stop warrant analysis for Menifee Road at Mapes Rd & Menifee Road, and conducting speed counts to determine speed limit thresholds citywide.

Additional Regional Experience
Š City of National City, HSIP Cycle 9 Protected Left-Turn Enhancements Š City of Cathedral City, On-Call Traffic Engineering Services Š City of Jurupa Valley, On-Call Traffic Engineering Services Š City of Menifee, On-Call Traffic Engineering Services Š Riverside County Agencies, Local Roadway Safety Plans Myles has seven years of
experience in transportation
planning and intersection
operation analysis. His
prior experience in Boston
provides a fresh perspective
on transportation solutions
and innovation. His
transportation planning
experience includes detailed
analysis of transportation
impacts analysis, LOS,
roadway safety audits, and
complete street policies
and programs. He also
has experience in traffic
signal design, intersection
modeling, and community
outreach. He supported the
development of Banning’s
Local Road Safety Plan, HSIP
Cycle 11 grant applications,
and provides on-call traffic
engineering services.

Years of Experience: 7
Education
B.S. Civil Engineering,
University of Massachusetts
Amherst, 2016
Professional
Registrations
Professional Engineer
(Traffic) CA, #3094
Project Engineer III
Myles Baidy TE
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 16 494
Relevant Experience
City of Hemet, HSIP Cycle 10 Citywide Traffic Signal Visibility Upgrades, 2023-Present
Construction Manager. The City was awarded an HSIP grant to upgrade existing backplates with retroreflective backplates at 40 signalized intersections throughout the City’s major arterials. Brett has overseen field investigations, field inventory, and is providing bid and construction support.

City of Jurupa Valley, HSIP Cycle 10 Citywide Traffic Signal Coordination and Safety Upgrades, 2023-Present
Construction Manager. The project aims to implement citywide traffic signal system safety improvements through improved traffic signal interconnect and signal timing, coordination, and operation and upgraded traffic signal heads with retroreflective back plates. Brett developed preliminary cost estimates and will lead construction support services.

City of San Bernardino, HSIP Cycle 9 Signal Hardware Upgrades at 224 Signalized Intersections, 2022-2024
Construction Manager. Project will replace or install new equipment to the City’s existing traffic signal system. Hardware upgrades include traffic signal heads, pedestrian signal heads, and pedestrian pushbuttons. Brett was responsible for construction support.

City of National City, HSIP Cycle 7 Citywide Safety Lighting Enhancements, 2019-2020
Construction Manager. STC provided engineering services for proposed lighting improvements after successfully securing HSIP funding for the project.

The project aims to upgrade safety lighting to LED luminaries at 32 signalized intersections along nine major traffic corridors in National City. Brett oversaw field investigations to document and inventory existing safety lighting fixtures.

City of San Marcos, HSIP Cycle 5 Citywide LED Safety Lighting Conversion, 2018-2019
Construction Manager.STC provided engineering services for the conversion of the City’s safety lighting from low-pressure sodium to LED lighting technology, performed market-based and field analysis to create a list of qualified product solutions, and mapped all lights throughout the City with attributes and developed highly detailed technical specifications. Brett led construction support services and processing of as-built drawings.

Additional Regional Experience
Š City of Menifee, HSIP Cycle 7 Citywide Traffic Signal Interconnect Š City of Temecula, HSIP Cycle 7 Fiber Optic Communication System Upgrade Brett leads STC’s
construction engineering
and construction
management support
services. He is well-versed
in standard specifications
and plans required by
government agencies,
skilled in field analysis, and
has expertise in electrical
and communications
systems. He supports HSIP
projects by providing
construction support,
developing technical
specifications and cost
estimates for bid packages,
and onsite integration
support.

Years of Experience: 13
Education
B.S. Civil Engineering
(mathematics minor),
California State University,
Chico, 2011
Certifications
IMSA Level 1 - Traffic Signal
Field Technician
Corning Fiber Installation
Certified
Construction Manager
Brett Hansen IMSA I
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 17 495
Relevant Experience
City of Jurupa Valley, HSIP Cycle 10 Citywide Traffic Signal Coordination and Safety Upgrades, 2023-Present
Sr. Construction Engineer/Inspector. The project aims to implement citywide traffic signal system safety improvements through improved traffic signal interconnect and signal timing, coordination, and operation and upgraded traffic signal heads with retroreflective back plates. Kevin performed extensive field review and reviewed existing as-builts.

City of Temecula, HSIP Cycle 11 Streetlight & Traffic Signal Communications Upgrade, 2023-Present
Sr. Construction Engineer/Inspector. Project improvements including fiber and wireless traffic signal interconnect, state-of-the-art ATC control technology, new traffic signal coordination, safety lighting upgrades, traffic signal and pedestrian head visibility upgrades, and signal rewiring. Kevin performed extensive field review to verify existing conditions and equipment and revise as-builts.

City of San Bernardino, HSIP Cycle 9 Signal Hardware Upgrades at 224 Signalized Intersections, 2022-2024
Sr. Construction Engineer/Inspector. Project will replace or install new equipment to the City’s existing traffic signal system. Hardware upgrades include traffic signal heads, pedestrian signal heads, and pedestrian pushbuttons. Kevin is responsible for verifying contractor installed facilities and keeping a daily record of contractor activities.

Riverside County, On-Call Traffic Signal Services, 2000-2015 Signal Contractor. Prior to joining STC, Kevin serviced traffic signals throughout Riverside County. The work included: modifications of existing signals, communications, and inventory; supervising the removal of old equipment and the installation of new equipment; conducting interconnect runs; coordination with municipalities, contractors, and utilities; final inspections and punch list review.

Additional On-Call Experience
Š City of Temecula, HSIP Cycle 7 Fiber Optic Communication System Upgrade Š City of National City, HSIP Cycle 7 Pedestrian ADA Improvements Š City of National City, HSIP Cycle 7 Traffic Signal Communications Upgrade Š City of Fontana, On-Call Traffic Engineering Services Š City of Menifee, On-Call Traffic Engineering Services Š RCTD, Scott Road Interchange at I-215
Š RCTD, Jurupa Road Grade Separation
Š City of Eastvale, Limonite Avenue Corridor Synchronization Project Kevin is a construction
engineer/inspector with
over 30 years of experience
in constructing, installing,
troubleshooting, repairing,
and maintaining traffic
signal systems and
electrical systems. Prior to
joining STC, Kevin served
as the general foreman of
maintenance for over 350
traffic signals and four
traffic signal technicians
in the Cities of Santee, El
Cajon, La Mesa, Lemon
Grove, Imperial Valley, and
Camp Pendleton; served as
an electrical foreman for 20
years; and served as lead
traffic signal technician for
the City of Oceanside with
responsibility for on-call
service 24/7 for over 160
traffic signals.

Years of Experience: 30
Certifications
IMSA Level 2 - Traffic Signal
Field Technician
IMSA Work Zone Safety
Senior Construction Engineer/Inspector
Kevin Stone IMSA II
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 18 496
Relevant Experience
City of Banning, HSIP Cycle 11 Grant Management Services, 2022 Project Engineer II. STC prepared three successful HSIP applications on behalf of the City. Gianluca assisted with data collection and analysis, basemapping, and developed project figures.

City of Banning, On-Call Plan Check Services, 2021-Present Project Engineer II. Serving as traffic consultant, STC provides on-call plan checking services for several Riverside County agencies. Gianluca has provided plan checks for the City of Banning that include new traffic signals and signal modifications, street lighting, signing and striping, and traffic control.

City of Jurupa Valley, HSIP Cycle 10 Citywide Traffic Signal Coordination and Safety Upgrades, 2023-Present
Project Engineer III. Supported HSIP grant development for citywide traffic signal system safety improvements through improved traffic signal interconnect and signal timing, coordination, and operation, and upgraded traffic signal heads with retroreflective back plates. Gianluca conducted extensive field reviews and developed PS&E.

City of Cathedral City, HSIP Cycle 10 Ramon Road Signalized Pedestrian Crossing, 2020-Present
Project Engineer II. STC evaluated the optimal location and control type for the proposed midblock pedestrian crossing, prompting the City to forgo a HAWK signal for a standard pedestrian signal crossing as the option that offered greater benefits. Gianluca supported PS&E and utility coordination.

City of Poway, HSIP Cycle 10 Poway Road Corridor Improvements, 2023-Present
Project Engineer II. Project improvements include safety signage, installation or extension of medians, and traffic signal modifications to implement dillema zone detection at five signalized intersections along the project corridor. Gianluca conducted field reviews, developed exhibits for alternatives analysis, developed base work, and prepared PS&E for traffic signal and civil countermeasures.

Additional Regional Experience
Š City of Lake Elsinore, HSIP Cycle 8 Traffic Signal Improvements Š City of Temecula, HSIP Cycle 9 Traffic Signal System Upgrades Š City of National City, HSIP Cycle 7 Citywide Safety Lighting Upgrades Š City of Cathedral City, On-Call Traffic Engineering Services Š City of Temecula, On-Call Traffic Engineering Services Š City of Jurupa Valley, On-Call Traffic Engineering Services Š Various Riverside County Agencies, On-Call Plan Checking Services Gianluca has over 7 years
of experience in the fields
of traffic engineering and
traffic signal operations.

Prior to joining STC,
he served as a traffic
engineering intern for the
City of Encinitas, where he
was primarily responsible for
assisting with traffic calming
measures in residential
areas, reviewing traffic
control plans, and working
closely with citizens to
resolve traffic-related issues.

In his current role, Gianluca
applies his experience and
technical skills in traffic
engineering design, data
collection/analysis, graphics
production, and before/after
traffic analyses in support of
municipal projects.

Years of Experience: 7
Education
B.S. Civil Engineering, San
Diego State University,
2017
Professional
Registrations
Engineer-In-Training (EIT),
CA # 162712
Project Engineer II
Gianluca Pesaresi EIT
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 19 497
STC Traffic, Inc. | City of Banning – Upgrade of Traffic Signal Hardware RFP-24-064 20 •
•
•
•
•
498
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-064 21
499
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-064 22
500
STC Traffic, Inc. | City of Banning
– Upgrade of Traffic Signal Hardware RFP-24-064 23
501
Sub
Employee Name Blough,
Rob
Baidy,
Myles
Adamos,
Ashley
Hansen,
Brett
Stone,
Kevin
Pesaresi,
Gianluca
Classification Sr. Project
Manager
Project
Engineer III
Project
Engineer III
Construction
Manager
Sr. Construction
Engineer
Project
Engineer II
Standard Billing Rate $240.00 $190.00 $190.00 $240.00 $220.00 $160.00 Task Task Description Total
Hours
Total Cost
Task 1.0 Project Management/Administration 20 10 30 $ 6,700.00 Task 2.0
Task 2.1 Field Investigations 4 36 36 76 $ 14,440.00
Task 2.2 Potholing (Optional Task) 4 4 20 $ 15,000.00 28 $ 19,920.00 Task 2.3 Preliminary Engineering 1 2 12 15 $ 2,540.00
Task 3.0 Engineering Design 5 20 60 85 $ 14,600.00
Task 4.0 Permitting 4 12 16 $ 3,040.00
Task 5.0
Task 5.1 Project Specifications and Bid Documents 1 4 16 21 $ 3,560.00 Task 5.2 Engineers Estimate of Probable Construction Cost 2 1 8 11 $ 1,900.00 Task 6.0 Bidding/Construction Support 2 12 16 8 38 $ 8,060.00 31 52 12 13 52 160 320
$7,440.00 $9,880.00 $2,280.00 $3,120.00 $11,440.00 $25,600.00 $ 15,000.00 $ 54,840.00
$ 74,760.00
City of Banning - Design Services for the Upgrade of Traffic Signal Hardware (RFP-24-064) STC Traffic, Inc. Price Proposal
Total Hours
TOTAL COST With Optional Task
TOTAL COST Without Optional Task
Subtotal Labor
Preliminary Investigation/Site Assessment
Specifications and Cost Estimates
STC Traffic, Inc.

Direct
Costs

502

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Art Vela, Director of Public Works
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-120, Approving and Authorizing Submittal of California Emergency Management Agency Form to California Office of Emergency Services Form 130 Designating Personnel to Act As the Agent for the City When Seeking Financial Assistance After a Disaster
RECOMMENDATION:

Adopt Resolution 2024-120.

BACKGROUND:

The CalOES Form 130 authorizes the positions listed to execute for and on behalf of the City of Banning for the purpose of obtaining certain Federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act (CDDA).

The positions designated on the form will be the City Manager, Administrative Services Director and Director of Public Works.

The CDAD in Title 2, Division 1, Chapter 7.5 of the California Code provides State financial assistance for recovery efforts to counties, cities and/or special district after a State disaster has been proclaimed.

CDAA can be implemented as "stand alone" funding sources following a Director of California Office of Emergency Services Concurrence for a local emergency, or a Governor's Proclamation when there is no federal declaration.

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities, provides Federal financial assistance for Individual and/or Public Assistance after a Federal Major Disaster or Emergency Declaration is proclaimed. Public Assistance can include response, recovery, and mitigation after an Emergency or Major Disaster Declaration. Individual Assistance can include recovery and/or mitigation after a Major Disaster Declaration is proclaimed.

JUSTIFICATION:

It is required that City Council designate personnel to be the City's Applicant Agents and to submit CalOES Form 130 in order to eligible for financial assistance after a Governor or Presidential disaster proclamation.

The form will be effective for a period of three years. 503
FISCAL IMPACT:

There is no fiscal impact in the approval of staff recommendation although the approval will provide the City the opportunity to seek financial assistance during Governor and/or Presidential disaster proclamation.

ALTERNATIVES:

Do not approve and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-120 Cal OES 130 Form.docx

2. CalOES 130 (003).pdf
504
Resolution 2024-120

RESOLUTION 2024-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING AND AUTHORIZING THE SUBMITTAL OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY FORM CAL OES 130 DESIGNATING PERSONNEL TO ACT AS

THE AGENT FOR THE CITY WHEN SEEKING FINANCIAL ASSISTANCE AFTER A

DISASTER
WHEREAS, California Office of Emergency Services (CalOES) Form 130 authorizes the positions listed to execute for and on behalf of the City of Banning for the purpose of obtaining certain Federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act (CDDA); and
WHEREAS, the CDAD in Title 2, Division 1, Chapter 7.5 of the California Code provides State financial assistance for recovery efforts to counties, cities and/or special district after a State disaster has been proclaimed. CDAA can be implemented as "stand alone" funding sources following a Director of California Office of Emergency Services Concurrence for a local emergency, or a Governor's Proclamation when there is no federal declaration; and WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities, provides Federal financial assistance for Individual and/or Public Assistance after a Federal Major Disaster or Emergency Declaration is proclaimed. Public Assistance can include response, recovery, and mitigation after an Emergency or Major Disaster Declaration. Individual Assistance can include recovery and/or mitigation after a Major Disaster Declaration is proclaimed; and WHEREAS, the positions designated on the form will be the City Manager, Administrative Services Director and Director of Public Works; and
WHEREAS, the form will be effective for a period of three years.

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

SECTION 1. City Council adopts this resolution approving California Office of Emergency Services Form 130 designating the City's Applicant Agents when seeking financial assistance after a Governor or Presidential disaster proclamation. City Council designates the City Manager, Administrative Services Director and Director of Public Works as the designees.

SECTION 2. City Council directs the City Clerk to certify and transmit Cal OES Form 130 to the California Office of Emergency Services.

SECTION 3. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 505
Resolution 2024-120

PASSED, APPROVED AND ADOPTED this 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
506
Resolution 2024-120

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-120, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
507
Resolution 2024-120

EXHIBIT A
Cal OES 130 Form
508

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No: ______________________ Cal OES 130

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:

This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
of the
(Governing Body) (Name of Applicant)
, 20 24 .
(Signature) (Title)
Cal OES 130 (Rev.9/13) Page 1
City Council City of Banning
City Manager
Administrative Services Director
Director of Public Works
City of Banning
City of Banning
X
9th July 24
Alberto Sanchez, Mayor
Rick Minjares, Mayor Pro Tem
(Name and Title of Governing Body Representative)
Council Members David Happe, Sheri Flynn, Colleen Wallace Caroline Patton Deputy City Clerk
City of Banning
Resolution passed and approved by the City Council City of Banning on the 9th day of July
Deputy City Clerk
509

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section:

1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title. If “Titles Only” is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of two or more approving board members need to be listed.

Certification Section:

Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self Certification.”
Cal OES 130 (Rev.9/13) Page 2
510

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-121, Approving a Deposit/Reimbursement Agreement with NP Banning Industrial, LLC RECOMMENDATION:

Approve Resolution 2024-121.

BACKGROUND:

NP Banning Industrial, LLC is proposing to develop an approximately 533.8-acre property in the City and partially within the City’s Sphere of Influence commonly known as the Sunset Crossroads Project (the “Project”).

The proposed Project envisions the development of industrial and commercial uses on a 533.8-acre site through adoption of a proposed Sunset Crossroads Specific Plan (the “Specific Plan”), including up to 268,400 square feet of medical office, professional office, education, recreation, and commercial uses, a travel center with refueling uses, and a 125-room hotel on 47.9-acres; and up to 5,545,000 square feet of industrial uses (including up 330,000 square feet of cold storage uses) on 392.0 acres. The proposed Project will also seek approval of a Development Agreement and a General Plan Amendment and Zone Changes amending the land use designations within the Specific Plan area to General Commercial (GC), Industrial (I), Open Space – Parks (OS-P), and Open Space – Resources (OS-R). Approximately 65.6 acres of the Project site would be retained as Open Space - Resources (OS-R) and/or Open Space – Parks (OS-P) use, including a five-acre passive park. Approximately 253.7 acres of the Project site are located outside the current City boundaries within the City’s Sphere of Influence (SOI); therefore, the Project envisions annexation of this area into the City. The City, in its role as Lead Agency, has also prepared a draft Environmental Impact Report (Draft EIR) analyzing the environmental impacts of the proposed Project.

Chapter 3.36 of the Banning Municipal Code provides for reasonable recovery of costs borne by the City for expenses relating to land development. The Developer has agreed to fund and be solely responsible for all third party consulting costs and the City's legal costs associated with the preparation of plans, studies, and agreements for the Project. Moreover, the Developer has agreed to terms set forth in the Deposit/Reimbursement Agreement for the Project, which include deposits, reimbursements, eligible expenses, deposit administration, and other provisions related to the cost of processing the entitlement applications.

The following is a summary of the Agreement between the City and the Developer:
• City’s Control Over Employees and Contractors. With regard to the applications for the Project, the City has sole discretion to select its employees and contractors assigned to work on the applications; to direct work and evaluate performance, terminate, and replace such employees and contractors; and to 511
pay employees and contractors from a City account.
• Initial and Supplemental Deposits. The Developer is required to deposit $50,000 with the City within 3 business days following execution of the Agreement to be allocated as follows: (i) $25,000.00 to apply for and process a Development Agreement; (ii) $5,000.00 for reoccurring meetings with City staff, (iii) $10,000.00 for engineering and other consultant costs; and (iv) $10,000.00 for the City’s legal (nonlitigation) costs. The City may request additional funds whenever it believes, in good faith, that the deposit balance is insufficient to cover 90 days’ worth of eligible expenses. The Developer must make the additional deposit within 5 business days of the City’s written request. The deposit must generally maintain a minimum balance of $5,00 and will not accrue interest. • Eligible Expenses. The deposit shall be used to pay for the costs incurred by the City in connection with the following: (i) preparing necessary CEQA reports and documents, and additional supporting documentation, as necessary and appropriate in accordance with CEQA; (ii) distributing such documentation to responsible agencies and others; (iii) noticing and holding public hearings and considering public comments on such CEQA documents and reports; (iv) considering certification of such CEQA documents and reports and other documentation through a City Council resolution in accordance with CEQA; (v) preparing, negotiating, and approving the permits, entitlements, and conditions of the Project, including without limitation, the environmental documents; (vi) preparing and negotiating all further legal documents in connection with the transaction, including without limitation, technical reports, reclamation plans, development agreements, owner participation agreements, leases, franchise agreements, waste hauling agreements, franchise ordinances, and similar agreements and instruments; (vii) litigation and other legal costs associated with the Project; (viii) the fees and expenses of any consultants employed by the City in connection with the Project, including without limitation, the Draft EIR and Final EIR, all Project applications submitted by Developer (and all aspects associated therein), Development Agreement, and the Fiscal Impact Analysis; (ix) studies, reports and design services related to development of any Project-related infrastructure; and (x) any and all other actions reasonably taken by the City in connection with development of the Project. • Administration of the Deposit. The City will administer the deposit and maintain accounting records of the expenditures at all times. The City will provide the Developer with monthly cost reports. The City will return any unexpended portion of the deposit to the Developer, without interest, less an amount equal to any unpaid eligible expenses previously incurred by the City upon approval of all entitlements, the expiration of all applicable appeal periods, and if a legal or administrative challenge is made to the entitlements, then upon the resolution of such challenge. • CEQA Consultant. CEQA requires independent judgment by the lead agency. Therefore, any consultant hired by the City to prepare the EIR for the Project must be under contract with and directed by the City. The Developer may not attempt to direct, influence, or otherwise control the CEQA consultant in the performance of the work.
• No Obligation by City to Approve the Project; No Debt or Liability. The Agreement does not obligate the City to certify the EIR or take any action approving the Project. Moreover, the Agreement is not a debt or liability of the City and the City is not liable under the Agreement other than to return the unexpended and uncommitted portions of the deposit.
• Indemnification and Indemnification Deposit. The Developer must indemnify and hold the City harmless from any and all actions arising from or related to the proposed entitlements. The City may require the Developer to deposit funds to cover its indemnification obligations or provide other security.

If the Developer fails to timely pay the deposit or provide the required security, the City may abandon the action without liability to the Developer and may recover from the Developer any attorneys' fees and other costs for which the City may be liable for abandonment of the action. Additionally, if the Developer fails to timely pay the deposit or provide the required security, the City may also defend the action and the Developer will be liable to the City for such defense costs. • Indemnification for Developer’s Construction. The Developer must indemnify and hold the City harmless from damages, personal injury or death that may arise from the Developer’s, its agents’, contractors’, subcontractors’, or employees’ operations under the Agreement. The Developer’s indemnification obligations do not apply to the City’s gross negligence or willful misconduct.

JUSTIFICATION:
512
The primary reasons to support authorization of a Deposit/Reimbursement Agreement between the City of Banning and NP Banning Industrial, LLC are threefold.

First, the proposed Agreement allows the City to recover costs for processing the Developer’s entitlement applications related to the proposed Project. The Project entitlements include a General Plan Amendment, the Sunset Crossroads Specific Plan, Zone Changes, Development Agreement, annexation, and an EIR analyzing the environmental impacts of the Project The Banning Municipal Code provides authority to recover expenses from the Developer for third party consulting costs and any potential for City's legal costs associated with the processing of plans, studies, agreements, and entitlements for the Project.

Second, the Agreement gives the City discretion and control in hiring and managing contractors and consultants for their work on the Project. This includes environmental consultants, which allow the City to have independent judgement over the environmental studies, technical studies, and preparation of the EIR.

Lastly, the proposed Agreement further supports that the City is under no obligation to take any action to approve the Project. It also provides that the proposed Agreement or any other agreement between the City and the Developer does not create a debt or a liability other than to return un-expended or uncommitted portions of the deposit to the Developer. The Agreement also provides that the Developer must indemnify and hold harmless the City, its officials, officers, employees and agents from any and all actions arising from or related to the proposed entitlements. The Developer may be required to deposit funds to cover its indemnification obligations or to provide other forms of security. The proposed Agreement also specifies that the deposit account must not fall below the amounts specified in the Agreement.

FISCAL IMPACT:

All costs shall be borne by the Developer. There is no Fiscal Impact to the City.

ALTERNATIVES:

1. Adopt Resolution 2024-121, as recommended.

2. Do not adopt Resolution 2024-121, and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-121, Deposit Agreement NP Banning Industrial.docx

2. Deposit Reimbursement Agreement NP Banning LLC.doc
513
RESOLUTION 2014-121

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT WITH NP BANNING

INDUSTRIAL, LLC
WHEREAS, the City of Banning Municipal Code Chapter 3.36 provides for recovery of costs reasonable borne by the City for expenses relating to land development; and WHEREAS, NP Banning Industrial, LLC (the "Developer") is proposing to develop an approximately 533.8-acre property in the City and partially within the City’s Sphere of Influence commonly known as the Sunset Crossroads Project (“Project”); and WHEREAS, the Project contemplates a General Plan Amendment, the Sunset Crossroads Specific Plan, Zone Changes, annexation, and an Environmental Impact Report analyzing the environmental impacts of the Project (the “Entitlements”); and WHEREAS, the Developer has agreed to fund and be solely responsible for any thirdparty consulting costs and the City's legal costs associated with the preparation of plans, studies, and agreements for the Project; and
WHEREAS, the Developer has agreed to terms set forth in the Deposit/Reimbursement Agreement for deposits, reimbursements, eligible expenses, deposit administration, and other provisions related to the cost of processing the Entitlements; and WHEREAS, City Council finds that the provisions of the Deposit/Reimbursement Agreement are proper, in the best interest of the City, and in compliance with City's Municipal Code.

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

SECTION 1. The City Council approves the Deposit/Reimbursement Agreement with NP Banning Industrial, LLC, attached as Exhibit A.

SECTION 2. The City Council authorizes the City Manager to execute the Deposit/Reimbursement Agreement on behalf of the City Council in a form approved by the City Attorney.

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 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
514
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
515
CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-121, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
516

EXHIBIT A
Deposit/Agreement with NP Banning Industrial, LLC
517
390086/00004/4883-9567-7132.3

DEPOSIT/REIMBURSEMENT AGREEMENT

CITY OF BANNING AND NP BANNING INDUSTRIAL, LLC

RELATING TO THE DEVELOPMENT OF SUNSET CROSSROADS

PROJECT
THIS DEPOSIT/REIMBURSEMENT AGREEMENT (“Agreement”) is made this ____ day of _____________, 24__, by and between the CITY OF BANNING, a municipal corporation (“City”), and NP Banning Industrial, LLC (“Developer”) (collectively, the “Parties”).

RECITALS:

WHEREAS, the City of Banning Municipal Code Chapter 3.36 provides for recovery of reasonable costs borne relating to providing products or services relating to the development of the property located adjacent on the south side of Interstate 10 between Highland Home Road and Sunset Avenue (Assessor’s Parcel Numbers (APNs): _______); WHEREAS, the City’s policy provides that the City shall be the lead agency as defined by the California Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”), for the purpose of conducting environmental review of the Project, and shall prepare all CEQA reports and supporting documentation, distribute such reports and documentation to responsible agencies and others, hold public hearings and consider public comments, and consider certification of such environmental review report and other documentation through a City Council Resolution, as necessary and appropriate in accordance with CEQA; WHEREAS, the Project contemplates preparing general plan amendments, land use approvals, development agreements, access plans, and financing mechanisms (the "Entitlements");
WHEREAS, the Municipal Code Chapter 3.36 provides that Developer shall fund and be solely responsible for all third-party consulting costs and the City’s legal costs associated with the development of such plans, studies and agreements as set forth in this Agreement; WHEREAS, the Parties now desire to specify the terms of such deposit/reimbursement, including a cash deposit to be made by Developer with on-going payments to City and deposit restoration provisions as provided herein.

AGREEMENT:

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
518
2 Section 1. Construction.

This Agreement shall be liberally constructed to accomplish its intent. In the event of any irresolvable conflict or inconsistency in the terms of the agreements, the City Manager shall make a final decision.

Section 2. Conflicts of Interest.
(a) No Financial Relationship. By law, the documents required by CEQA must be independently prepared by City. Accordingly (See Section 4), during the existence of the processing and preparation of the Project’s CEQA document and related technical studies, and for a period of one (1) year after final resolution of Developer’s application for the Project, neither Developer, nor any of its representatives, agents or other persons acting in concert with Developer, shall enter into any financial relationship with any City official, employee, or contractor. Nor, during such period, shall Developer propose to enter into any future relationship with any City official, employee, or contractor. This shall not prevent Developer’s consulting with an Environmental Consultant as permitted by Section 5 of this Agreement. (b) Developer’s Representations and Warranties. Developer represents and warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code sections 87100 et seq.).
(c) Developer’s Acknowledgments. Subject to the reimbursement requirements set forth below, Developer acknowledges and agrees as follows with respect to its application for the Project:
(1) The City has sole discretion to select which of its employees and contractors are assigned to work on the application.
(2) The City has sole discretion to direct the work and evaluate the performance of the employees and contractors assigned to work on the application, and the City retains the right to terminate or replace at any time any such person. (3) The City has sole discretion to determine the amount of compensation paid to employees or contractors assigned to work on the application. (4) The City, not Developer, shall pay employees and contractors assigned to work on the application from a City account.
(d) The Parties acknowledge and agree that the processing of Developer’s application for the Project is not contingent on the hiring of any specific contractor. 519
3 Section 3. The Deposit; Additional Advances.
(a) Establishing and Supplementing Deposit. Within three (3) business days following execution of this Agreement, Developer shall provide to the City an initial deposit of $50,000.00, to be allocated as follows: (i) $25,000.00 to apply for and process a Development Agreement (DA) in accordance with Chapter 15.52 of the Banning Municipal Code and the associated CEQA compliance; (ii) $5,000.00 for reoccurring meetings with City staff, (iii) $10,000.00 for engineering and other consultant costs; and (iv) $10,000.00 for the City’s legal (non-litigation) costs. The City shall monitor its expenses and the balance in the deposit account and whenever it believes, in good faith, that there will be insufficient funds to pay all of the City’s expenses for the next ninety (90) days, the City may make a written request for additional funds (“Additional Advance”), which shall state the existing balance and the additional amount requested. The City may request the funds it reasonably believes necessary to cover a period not exceeding ninety (90) days. The deposit account shall generally maintain a minimum balance of five thousand dollars ($5,000.00). The initial deposit and Additional Advanced funds are hereinafter collectively referred to as the “Deposit.” Developer shall make the Additional Advance within five (5) business days of City’s written request therefor. If Developer fails to timely make the Additional Advance, the City may cease all additional work by staff and consultants on the Entitlements (as defined in subsection (b) below), until the Additional Advance has been received.
(b) Eligible Expenses. The Deposit shall be used to pay for the costs incurred by the City in connection with the following (all of which shall be deemed “Eligible Expenses”):
(i) preparing necessary CEQA reports and documents, and additional supporting documentation, as necessary and appropriate in accordance with CEQA; (ii) distributing such documentation to responsible agencies and others; (iii) noticing and holding public hearings and considering public comments on such CEQA documents and reports; (iv) considering certification of such CEQA documents and reports and other documentation through a City Council Resolution in accordance with CEQA; (v) preparing, negotiating, and approving the permits, Entitlements, and conditions of the Project, including without limitation, the environmental documents; (vi) preparing and negotiating all further legal documents in connection with the transaction, including without limitation, technical reports, reclamation plans, development agreements, owner participation agreements, leases, franchise agreements, waste hauling agreements, franchise ordinances, and similar agreements and instruments; (vii) litigation and other legal costs associated with the Project; (viii) the fees and expenses of any consultants employed by the City in connection with the Project, including without limitation, the Draft and Final Environmental Impact Report, all Project applications submitted by Developer (and all aspects associated therein), Development Agreement, and the Fiscal Impact Analysis; (ix) studies, reports and design services related to development of any Project-related infrastructure; and (x) any and all other actions reasonably taken by the City in connection with development of the Project.
(c) Administration of Deposit. The Deposit may be commingled with other funds of the City for purposes of investment and safekeeping. The Deposit shall not accrue interest. The City will administer the Deposit and shall use the Deposit to pay for Eligible Expenses. The City shall maintain satisfactory accounting records as to the expenditure of the Deposits at all times and shall provide Developer with monthly costs reports. 520
4 (d) Unexpended Funds. Upon approval of all necessary Entitlements, the expiration of all applicable appeal periods, and if a legal or administrative challenge is made to the Entitlements, then upon the resolution of such challenge in accordance with Section 8, the City shall return any then-unexpended portion of the Deposit to Developer, without interest, less an amount equal to any unpaid Eligible Expenses previously incurred by the City.

Section 4. Compliance with Guidelines: Independent Judgment.

The CEQA Guidelines at sections 15084 and 15090 require the lead agency to exercise its independent judgment in approving environmental documents. Payment of the cost of preparation of the environmental documents by Developer does not undermine the independent preparation of the environmental documents by the City. Accordingly, it is understood that any consultant hired by the City to provide a peer-review of environmental documents, including without limitation firms currently listed on the City’s on-call list1, shall be under contract to and directed by the City, and Developer shall not attempt to direct, influence, or otherwise control the consultant in the performance of the work. Any questions or concerns Developer may have will be directed to the City.

Section 5. Developer’s Rights Concerning Expenses and Review of Documents. (a) Statements of Account. The City shall provide Developer a summary of expenditures made from the Deposit, and the unexpended balance thereof, whenever requesting any Additional Advance and within ten (10) business days of receipt by the City of a written request therefore submitted by Developer. On a monthly basis, City shall provide Developer with a cost report, including copies of each statement or invoice received from any consultant whose costs are chargeable as Eligible Expenses.
(b) Review of Documents. City shall give Developer at least ten (10) days notice along with copies of any proposed contract with the peer reviewer, change orders or contract amendments, drafts, Project Description and Alternatives, comments to the environmental documents received from third parties and proposed responses to those comments, and related documents so that Developer shall have the opportunity to provide comments or objections thereto, prior to the City finalizing, filing, or otherwise releasing any of the foregoing. The City shall also provide Developer with draft copies of all other reports and studies funded through this Agreement. Developer may discuss issues with the City or its consultants and may make comments orally or in writing. The City shall also use reasonable efforts to permit Developer’s review with respect to agendas and staff reports for all open City Council, Planning Commission and other public body meetings at which the Project or related matters are to be considered, and by providing Developer with draft copies thereof prior to or concurrently with the transmission of such documents to the appropriate body. It is expressly understood that City consultants retained by the City are under contract solely with the City, and the City is free to disregard the comments of Developer and exercise its independent judgment in making payments to the Consultants or revising or accepting the Consultant’s work product, without any liability whatsoever to Developer therefor.

1 The City’s approved on-call list of environmental firms includes: MBI, Webb, Romo Planning Group, VCS Environmental, & CASC Engineering and Consulting, Inc.
521
5 Section 6. No Obligation to Adopt environmental documents or to Approve Project.

The provisions of this Agreement shall in no way obligate the City to adopt the environmental documents or take any action approving the Project. The City shall use its independent judgment in determining whether to approve the Entitlements, and environmental documents. In the event that the City adopts the environmental documents, the City shall use its independent judgment in determining the significance of any impacts, approving any mitigation program, adopting a statement of overriding considerations, or taking any other action. The City shall have no liability to Developer in any manner whatsoever therefor, other than providing the accounting of expenses as provided herein.

Section 7. Agreement Not a Debt or Liability of City.

It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City. The City shall not in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposit as provided in Sections 3(d) and 3(e) above, and to provide an accounting under Section 5(a) above. The City shall not be obligated to advance any of its own funds with respect to the environmental documents or for any of the other purposes listed in Section 2(b) hereof. No official, officer, employee or agent of the City shall be personally liable hereunder to any extent.

Section 8. Indemnification and Hold Harmless.
(a) Non-liability of City Concerning Entitlements. The Parties acknowledge that there may be challenges to the legality, validity and adequacy of the Entitlements and/or this Agreement in the future; and if successful, such challenges could delay or prevent the performance of this Agreement and the development of the Project. The City shall have no liability under this Agreement for the inability of Developer to develop the Project as the result of a judicial determination that the Entitlements, the reclamation plan, the general plan, the zoning, the land use regulations, or any portions thereof are invalid or inadequate or not in compliance with law.
(b) Participation in Litigation: Indemnity. Developer agrees to indemnify, protect, defend, and hold harmless the City and its officials, officers, employees, agents, elected boards, commissions, departments, agencies, and instrumentalities thereof, from any and all actions, suits, claims, demands, writs of mandamus, liabilities, losses, damages, penalties, obligations, expenses, and any other actions or proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures) arising from or related to the Entitlements (including, but not limited to, attorneys’ fees and costs) (herein the “Claims and Liabilities”) for any such Claims or Liabilities brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and/or instrumentalities thereof; and Developer shall be responsible for any monetary judgment arising therefrom, whether such Claims and Liabilities are brought under CEQA, planning and zoning laws, the Subdivision Map Act, Code of Civil Procedure section 1085 or 1094.5, or any other federal, state, or local statute, law, ordinance, rule, regulation, or any decision of a competent 522
6 jurisdiction. Developer may be required to deposit funds to cover its indemnification obligation or to provide other security. If Developer fails to timely pay such funds, the City may abandon the action without liability to Developer and may recover from Developer any attorneys' fees and other costs for which the City may be liable for abandonment of the action. The City shall provide Developer with notice of the pendency of such action and request that Developer pay for the costs to defend such action. It is expressly agreed that the City shall have the right to utilize the City Attorney’s office or use other legal counsel of its choosing, and Developer shall promptly pay or reimburse the City for any reasonable legal costs and fees incurred by City. If Developer fails to do so, the City may defend the action and Developer shall be liable to the City for the cost thereof, but if the City chooses not to defend the action, the City shall have no liability to Developer. Developer’s obligation to pay the defense costs of the City shall extend until final judgment, including any appeals. Developer shall remain liable, other than in the case where judgment adverse to the City and Developer’s position has been rendered, or where a settlement has been negotiated that is materially adverse to the Project. If Developer chooses to reduce the scope of the Project or abandon the Entitlements in order to settle any such litigation, the City shall reasonably cooperate in effecting a settlement. The Parties acknowledge and agree that if litigation is filed attacking the issuance of Project approvals, including the Project’s CEQA document, the Parties may choose to enter into a common interest and indemnity agreement which may supplant the provisions of this section 8(b). (c) Hold Harmless: Developer’s Construction and Other Activities. Developer hereby agrees to, and shall defend, save and hold the City and each of its elected and appointed boards, commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys’ fees) and liability for any damages, personal injury or death, that may arise, directly or indirectly, from Developer’s or Developer’s agents, contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations are conducted by Developer or by any of Developer’s agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s agents, contractors or subcontractors. Nothing herein is intended to make Developer liable for the acts of the City’s officers, employees, agents, contractors, or subcontractors.
(d) Exception. The obligations of Developer under this Section shall not apply to any claims, actions, or proceedings arising through the gross negligence or willful misconduct of the City, its members, officers, or employees.
(e) Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement.

Section 9. Notices.

Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Agreement from one party to another (collectively, the “Notices”) shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely:
523
7 If to Developer:

NP Banning Industrial, LLC
Attn: J.J. Jenkins
12977 N. Outer Forty Rd., Suite 203
St. Louis, MO 63141
Email: [email protected]
If to the City:

City Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
With a copy to:

Richards Watson Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Attn: Serita R. Young, City Attorney
Each such Notice shall be deemed delivered to the party to whom it is addressed: (i) if personally served or delivered, upon delivery; (ii) if given by fax, upon the sender's receipt of an appropriate answerback or other written acknowledgement; (iii) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, seventytwo (72) hours after such notice is deposited with the United States mail; (iv) if given by overnight courier, with courier charges prepaid, twenty-four (24) hours after delivery to said overnight courier; or (v) if given by any other means, upon delivery at the address specified in this Section.

Section 10. California Law.

This Agreement shall be governed by, construed in accordance with, and interpreted under the laws of the State of California. The venue for any litigation regarding this Agreement shall be Riverside County, State of California.

Section 11. Severability.

If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 12. Attorneys' Fees.

In the event that any party shall commence any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorneys’ fees. 524
8 Section 13. Ambiguities.

In the event of any asserted ambiguity in, or dispute regarding, the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who caused the uncertainty to exist or against the drafting party.

Section 14. Counterparts.

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original.

Section 15. Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that: (i) such party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party; (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement; and (iv) the entering into of this Agreement does not violate any provision of any other agreement to which said party is bound.

IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the day and year written alongside their respective signature line below.

Executed on: , 2024 DEVELOPER

NP BANNING INDUSTRIAL, LLC
a Missouri limited liability company
Executed on: , 2024 CITY OF BANNING
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
Doug Schulze, ICMA-CM
City Manager
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
525
9 526

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Lincoln Bogard, Administrative Services Director
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-122, Adopting Administrative Policy, Risk Management (RM) #6 - A Workplace Violence Prevention Plan RECOMMENDATION:

Adopt Resolution 2024-122.

BACKGROUND:

On September 20, 2023, Governor Newsom signed Senate Bill No. 553 (“SB 553”) into law, which requires certain California employers to take steps to prevent and respond to workplace violence.

Notably, SB 553 added Section 6401.9 to the California Labor Code, which, effective July 1, 2024, requires covered employers to adopt a comprehensive workplace violence prevention plan that must include, among other things, the following:

The names or job titles of the individuals responsible for implementing and maintaining the workplace violence prevention plan.

Procedures to obtain the active involvement of employees in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing, and implementing training, and reporting and investigating workplace violence incidents.

Methods the employer will use to coordinate the implementation of the workplace violation prevention plan among employees in the same facility or department.

Procedures for the employer to respond to workplace violence and to prohibit retaliation against employees who make reports of workplace violence.

Procedures for ensuring compliance with the workplace violence prevention plan.

Procedures for communicating with employees regarding workplace violence matters.

Procedures for developing and providing training on the employer’s workplace violence prevention plan.

Assessment procedures to identify and evaluate workplace violence hazards.

Procedures for correcting workplace violence hazards in a timely manner.

Procedures for post-incident response and investigation.

In addition to developing and implementing a workplace violence prevention plan, covered employers must also “record information in a violent incident log about every incident, post-incident, response, and workplace violation injury investigation” performed in accordance with the workplace violence prevention plan.

California employers subject to the law must also review and update their workplace violence prevention 527
plans on an annual basis and provide an evaluation of the incidents that occurred and maintain records of workplace violence hazards previously identified.

With the utilization and aid of Sedgwick Risk Management, the City obtained a template that is compliant with the new law’s requirements and has modified it to reflect the City’s specific information and responsible individuals.

JUSTIFICATION:

With the signing of Senate Bill No. 553 ("SB 553") on September 20, 2023, which requires certain California employers to take steps to prevent and respond to workplace violence, the City was mandated to create a Workplace Violence Prevention plan. This policy will be added to the Risk Management (RM) #6 Policy and Procedures for the City. Annual updates to Council will occur going forward, including an evaluation of incidents from the previous year.

FISCAL IMPACT:

None
ALTERNATIVES:

Do not adopt Resolution 2024-122 and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-122, Workplace Violence Prevention Plan.docx

2. RM-6 Workplace Violence Prevention Plan.pdf
528
Resolution 2024-122

RESOLUTION 2024-122

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY, RISK MANAGEMENT (RM) #6, A WORKPLACE

VIOLENCE PREVENTION PLAN
WHEREAS, on September 20, 2023, Governor Newsom signed Senate Bill No. 553 (“SB 553”) into law, which requires certain California employers to take steps to prevent and respond to workplace violence. SB 553 added Section 6401.9 to the California Labor Code, which, effective July 1, 2024, requires covered employers to adopt a comprehensive workplace violence prevention plan; and
WHEREAS, with the utilization and aid of Sedgwick Risk Management, the City obtained a template plan that is compliant with the new law’s requirements and has modified it to reflect the City’s specific information and responsible individuals; and WHEREAS, the City of Banning will be adding this policy to the current Administrative Policy in the Risk Management (RM) section #6.

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

SECTION 1. The City Council adopts the Administrative Policy, Risk Management (RM) #6 - A Workplace Violence Prevention Plan, attached as Exhibit A.

SECTION 2. 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 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
529
Resolution 2024-122

APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
530
Resolution 2024-122

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-122, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
531
Resolution 2024-122

EXHIBIT A
Workplace Violence Prevention Plan
532

CITY OF BANNING

ADMINISTRATIVE POLICY
Subject: WORKPLACE VIOLENCE PREVENTION PLAN Policy
No. RM-6
Reference: Approved by Resolution No. 2024-XXX on July 9, 2024 Effective:

July 1, 2024
Page No.
1 of 16
On September 20, 2023, Governor Newsom signed Senate Bill No. 553 (“SB 553”) into law, which requires certain California employers to take steps to prevent and respond to workplace violence.

Notably, SB 553 added Section 6401.9 to the California Labor Code, which, effective July 1, 2024, requires covered employers to adopt a comprehensive workplace violence prevention plan that must include, among other things, the following:
• The names or job titles of the individuals responsible for implementing and maintaining the workplace violence prevention plan.
• Procedures to obtain the active involvement of employees in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing, and implementing training, and reporting and investigating workplace violence incidents. • Methods the employer will use to coordinate the implementation of the workplace violation prevention plan among employees in the same facility or department. • Procedures for the employer to respond to workplace violence and to prohibit retaliation against employees who make reports of workplace violence. • Procedures for ensuring compliance with the workplace violence prevention plan. • Procedures for communicating with employees regarding workplace violence matters. • Procedures for developing and providing training on the employer’s workplace violence prevention plan.
• Assessment procedures to identify and evaluate workplace violence hazards. • Procedures for correcting workplace violence hazards in a timely manner. • Procedures for post-incident response and investigation.

In addition to developing and implementing a workplace violence prevention plan, covered employers must also “record information in a violent incident log about every incident, postincident, response, and workplace violation injury investigation” performed in accordance with the workplace violence prevention plan.

California employers subject to the law must also review and update their workplace violence prevention plans on an annual basis and provide an evaluation of the incidents that occurred and maintain records of workplace violence hazards previously identified.

With the utilization and aid of Sedgwick Risk Management, the City obtained a template that is compliant with the new law’s requirements and has modified it to reflect the City’s specific information and responsible individuals.
533

CITY OF BANNING
Workplace Violence Prevention Plan
JUNE 21, 2024
534

TABLE OF CONTENTS
Policy............................................................................................................................... 1 Prohibited Acts ................................................................................................................ 1 Responsibility and Authority ............................................................................................ 2 Compliance ..................................................................................................................... 3 Communication and Training .......................................................................................... 3 Procedures...................................................................................................................... 5 Hazard Assessment ........................................................................................................ 6 Hazard Correction ........................................................................................................... 6 Post Incident Response and Investigation ...................................................................... 6 Recordkeeping ................................................................................................................ 7 Annual Review ................................................................................................................ 7 Appendices
A. Workplace Violent Incident Log
B. Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist
535
1 Policy
CITY OF BANNING is committed to providing a work environment that is free of disruptive, threatening, or violent behavior involving any employee, appointed or elected official, volunteer, contractor, client, and/or visitor. Our policy is to establish, implement, and maintain an effective plan as required by SB 553. The regulation requires us to establish, implement, and maintain, at all times in all our facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace.

Our Workplace Violence Prevention (WVP) plan is available upon request for examination and copying to our employees, their representatives, and the Chief of Cal/OSHA or his or her designee.

Prohibited Acts
CITY OF BANNING will not ignore, condone, or tolerate threats of violence or workplace violence by any employee, appointed or elected official, volunteer, contractor, client, or visitor. • Threats of violence include both verbal and non-verbal conduct that causes a person to fear for his or her safety because there is a reasonable possibility he or she might be physically injured and that serves no legitimate work-related purpose. • Workplace violence means any act of violence or threat of violence that occurs at the work site. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes the following:
– The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury
– An incident involving the threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether or not the employee sustains an injury
Workplace violence can be categorized into four types:

Type 1: Workplace violence committed by a person who has no legitimate business at the work site - includes violent acts by anyone who enters the workplace with the intent to commit a crime
Type 2: Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors
Type 3: Workplace violence against an employee by a present or former employee, supervisor, or manager
Type 4: Workplace violence committed in the workplace by someone who does not work there but has or is known to have had a personal relationship with an employee 536
2 In addition, CITY OF BANNING prohibits all dangerous weapons not used for fire suppression, accident and incident response, emergency medical services, the service of law enforcement, or security duties on all CITY OF BANNING property. Any employee or appointed or elected official in possession of prohibited dangerous weapons on CITY OF BANNING property is in violation of this policy and may be subject to disciplinary action up to and including dismissal. Any volunteer, contractor, client, or visitor in possession of prohibited dangerous weapons will be banned from the premises. Dangerous weapons include any instrument capable of inflicting death or serious bodily injury.

Responsibility and Authority
Workplace Violence Prevention Plan Administrator
The HUMAN RESOURCES MANAGER, or an assigned designee, is the designated WVP Plan Administrator (Administrator) and has the authority and responsibility for developing, implementing, and maintaining this plan and conducting or overseeing any investigations of workplace violence reports. The HUMAN RESOURCES MANAGER will also be able to answer employee questions concerning this plan.

The HUMAN RESOURCES MANAGER, or an assigned designee, shall solicit feedback and input from employees and their authorized representatives in developing and implementing the WVP plan. Active involvement of employees could include, but is not limited to, their participation in identifying, evaluating, and correcting workplace violence hazards; in designing and implementing training; and in reporting and investigating workplace violence incidents.

The HUMAN RESOURCES MANAGER, or an assigned designee, shall coordinate implementation of the workplace violence prevention plan with other employers (ex. contracted security staff and other employers on site), when applicable, to ensure those employers and their employees understand their respective roles as provided in the plan.

These other employers and their staff shall be provided with training on CITY OF BANNING’S WPV plan.

Managers and Supervisors
Responsibilities include:
• Implementing the plan in their work areas;
• Providing input to the Administrator regarding the plan; • Participating in investigations of workplace violence reports; and • Answering employee questions concerning this plan.

Employees
Responsibilities include:
• Complying with the plan;
537
3 • Maintaining a violence-free work environment;
• Attending all training;
• Following all directives, policies, and procedures; and • Reporting suspicious persons in the area and alerting the proper authorities when necessary.

Compliance
The Administrator is responsible for ensuring the plan is clearly communicated and understood by all employees. The following techniques are used to ensure all employees understand and comply with the plan:
• Informing all employees of the plan during new employee safety orientation training and ongoing workplace violence prevention training;
• Ensuring all employees, including managers, and supervisors receive training on this plan; • Providing comprehensive workplace violence prevention training to managers and supervisors concerning their roles and responsibilities for plan implementation; • Evaluating employees to ensure their compliance with the plan; • Disciplining employees, appointed or elected officials, and volunteers who engage in threats of violence behaviors up to and including dismissal; and • Ensuring training of this plan is conducted on a ANNUAL basis.

Communication and Training
Managers and supervisors are responsible for communicating with employees about workplace violence in a form readily understandable by all employees.

Employees are encouraged to inform their supervisors about any threats of violence or workplace violence. Employees may use the Workplace Violent Incident Log (Appendix A) to assist in their reporting of incidents. No employee will be disciplined for reporting any threats of violence or workplace violence.

After the employee has reported their concerns about any threats of violence or workplace violence to their supervisor, the supervisor will report this information to the Administrator who will investigate the incident. The Administrator will then inform the employee of the results of their investigation and any corrective actions to be taken as part of the CITY OF BANNING’S responsibility in complying with hazard correction measures outlined in the WVP plan.

Any employee who believes he or she has the potential of violent behavior is encouraged to use CITY OF BANNING’s confidential Employee Assistance Program:
538
4 EMPLOYEE CONNECT
Main Phone Number: 888-628-4824
Website: https://www.guidanceresources.com/groWeb/login/login.xhtml or download the GuidanceNow mobile app available via Apple App store and/or Android Play Store GuidanceResources.com login credentials:

Username: LFGSupport Password: LFGSupport1

Employee training on workplace violence will include:
• This plan;
• Workplace violence risks that employees may encounter in their jobs; • How to recognize the potential for violence and escalating behavior; • Strategies to de-escalate behaviors and to avoid physical harm; • CITY OF BANNING alerts, alarms, or systems that are in place to warn of emergencies; • How to report incidents to law enforcement; and
• CITY OF BANNING’S EAP
Employees assigned to respond to alerts, alarms, or systems that are in place to warn others will receive additional training that includes:
• General and personal safety measures;
• Aggression and violence predicting factors;
• The assault cycle;
• Characteristics of aggressive and violent persons;
• Verbal intervention and de-escalation techniques and physical maneuvers to defuse and prevent violent behavior;
• Strategies to prevent physical harm;
• Appropriate and inappropriate use of restraining techniques and medications as chemical restraints in acordance with Title 22; and
• An opportunity to practice the taught maneuvers and techniques, including a debriefing session.

Training will occur:
• When the plan is first established;
• At time of hire or transfer;
• Annually for employees performing patient contact activities and their supervisors; • Annually for employees assigned to respond to internal alerts, alarms, or systems; • When new equipment or work practices are introduced; and • When a new or previously unrecognized workplace violence hazard has been identified 539
5 Employees who receive training in a form other than live will have the opportunity to meet with a person knowledgeable on the plan within one business day of the training for interactive questions to be answered.

Procedures
Responding to Actual or Potential Workplace Violence Emergencies In the event of an actual or potential workplace violence emergency, CITY MANAGER OR DEPARTMENT DIRECTOR will alert employees of the presence, location, and nature of the workplace violence through the following methods:
• INTERCOM OR TEXT MESSAGE
When any employee becomes aware of an actual or potential workplace violence emergency, they shall notify the CITY MANAGER OR DEPARTMENT DIRECTOR.

Employees shall implement the run, hide, fight protocols where appropriate. Evacuation routes and sheltering locations will be communicated to affected staff. If employees are not able to evacuate or shelter in place, they are authorized to take all reasonable actions necessary to fight or subdue an active shooter or assailant.

Employees can obtain help from staff assigned to respond to workplace violence emergencies, such as security personnel by calling the following number: POLICE DISPATCH (951) 922-2288.

If no security personnel are located at the worksite, employees shall call 911 to report the incident and request assistance from law enforcement.

Emergencies and Reporting a Crime
For immediate assistance in an emergency that is not associated with a service call, contact emergency services or law enforcement by calling 911. For immediate assistance in an emergency associated with a service call in progress, follow internal procedures for requesting immediate back-up assistance by notifying local law enforcement. Employees should also notify their supervisor, manager, and the Administrator as soon as possible.

Reporting Workplace Violence Concerns
Employees who witness or experience threats of violence or workplace violence can report the incident through their chain of command or directly to Human Resources. Employees may report anonymously and without fear of reprisal by submitting the incident in writing through interoffice mail.

Restraining Orders
Employees or other personnel affiliated with the CITY OF BANNING who have an active restraining order issued against another person that includes the workplace are encouraged to provide a copy of the restraining order to their supervisor and the Administrator. Supervisors who receive notification of a restraining order that includes the workplace will meet with the 540
6 Administrator to decide what actions, if any, need to be initiated.

Hazard Assessment
Workplace hazard assessments will include:
• An annual review of the past year’s workplace violence incidents; and • Periodic physical security assessments.

The Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist (Appendix B) can be used to assist with the security assessment. Inspections are performed according to the following schedule:
• Once a year;
• When the plan is implemented;
• When new, previously unidentified workplace violence/security hazards are recognized; and
• When workplace violence injuries or threats of injury occur.

Hazard Correction
Work practice controls will be used to correct unsafe work conditions, practices, or procedures that threaten the security of employees.

Work practice controls are defined as procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls may include, but are not limited to:
− Appropriate staffing levels;
− Provision of dedicated safety personnel (i.e. security guards); − Employee training on workplace violence prevention methods; and − Employee training on procedures to follow in the event of a workplace violence incident.

Corrective actions will be implemented in a timely manner based on the severity of the hazard, documented and dated.

Post Incident Response and Investigation
Managers and supervisors will use the Workplace Violent Incident Log (Attachment A) to assist in documenting incidents and investigations.

These procedures will occur following an incident:
• Provide immediate medical care or first aid;
• Identify all employees involved in the incident;
541
7 • Offer staff individual trauma counseling resources; • Conduct a debriefing with all affected staff;
• Determine if corrective measures developed under this plan were effectively implemented; solicit feedback from all personnel involved in the incident as to the cause of this incident and if injuries occurred, how injury could have been prevented; and • Record the incident in the Workplace Violent Incident Log.

Recordkeeping
• Records of workplace violence hazard identification, evaluation, and correction will be maintained for five years in accordance with the recordkeeping requirements of SB 553. • Training for each employee, including the employee’s name, training dates, type of training, and training provider will be maintained for a minimum one year. • Records of violent incidents (Workplace Violent Incident Log) will be maintained a minimum of five years at HUMAN RESOURCES OFFICE.

Annual Review
CITY OF BANNING’s Workplace Violence Prevention Plan will be reviewed annually and updated as needed considering the following criteria:
• Staffing;
• Sufficiency of security systems;
• Job, equipment, and facility design and risks;
• Modifications or additions to tasks and procedures that affect plan implementation; • Newly identified hazards;
• Prior year incidents;
• Identified deficiencies; and
• Feedback provided by employees and their authorized representatives. 542
1 Appendix A

WORKPLACE VIOLENT INCIDENT LOG
This form must be completed for every record of violence in the workplace Incident ID #*: Date and Time of Incident: Department:

Specific Location of Incident:
* Do not identify employee by name, employee #, or SSI. The Incident ID must not reflect the employee’s identity) Describe Incident (Include additional pages if needed):

Assailant information:

Patient Client Customer
Family or Friend of Patient Family or Friend of Client Family or Friend of Customer Partner/Spouse of Victim Parent/Relative of Victim Co-Worker/Supervisor/Manager Former Partner/Spouse of Victim Animal Person In Custody Robber/Burglar Passenger Stranger
Student Other:

Circumstances at time of incident:

Employee Performing Normal Duties Poor Lighting Employee Rushed Employee Isolated or Alone High Crime Area Low Staffing Level Unable to Get Help or Assistance Working in a Community Setting Unfamiliar or New Location Other:

Location of Incident:

Patient or Client Room Emergency or Urgent Care Hallway Waiting Room Restroom or Bathroom Parking Lot or Outside Building Personal Residence Breakroom Cafeteria
Other:

Type of Incident (check as many apply):

Robbery Grabbed Pushed
Verbal Threat or Harassment Kicked Scratched
Sexual Threat, Harassment, or Assault Hit with an Object Bitten Animal Attack Shot (or Attempted) Slapped
Threat of Physical Force Bomb Threat Hit with Fist
Threat of Use of Weapon or Object Vandalism (of Victim’s Property) Knifed (or Attempted) Assault With A Weapon or Object Vandalism (of Employer’s Property) Arson Robbery Other:

Consequences of incident:

Medical care provided? Yes No Law enforcement called? Yes No Security contacted? Yes No Did anyone provide assistance to conclude the event? Yes No Days lost from work (if any) Actions taken by employer to protect employees from a continuing threat? Yes No Completed by:

Name: Title: Date:

Telephone: Email:

Signature: Telephone:
543
2 Appendix B

WORKPLACE VIOLENCE PREVENTION

ENVIRONMENTAL HAZARD ASSESSMENT & CONTROL CHECKLIST
Assessed by: Title:

Location(s) Assessed:

This checklist is designed to evaluate the workplace and job tasks to help identify situations that may place employees at risk of workplace violence.

Step 1: Identify risk factors that may increase CITY OF BANNING’s vulnerability to workplace violence events
Step 2: Conduct a workplace assessment to identify physical and process vulnerabilities Step 3: Develop a corrective action plan with measurable goals and target dates STEP 1: IDENTIFY RISK FACTORS
Yes No Risk Factors Comments:

Does staff have contact with the public?
Does staff exchange money with the public?
Does staff work alone?
Is the workplace often understaffed?
Is the workplace located in an area with a
high crime rate?
Does staff enter areas with high crime rates?
Does staff have mobile workplaces?
Does staff perform public safety functions
that might put them in conflict with others?
Does staff perform duties that may upset
people?
Does staff work with people known or
suspected to have a history of violence?
Do any employees have a history of threats
of violence?
544
3 STEP 2: CONDUCT ASSESSMENT
Building Interior
Yes No Building Interior Comments:

Are employee ID badges required?
Are employees notified of past workplace
violence events?
Are trained security personnel or staff
accessible to employees?
Are bullet resistant windows or similar
barriers used when money is exchanged
with the public?
Are areas where money is exchanged
visible to others?
Is a limited amount of cash kept on hand
with appropriate signage?
Could someone hear an employee who
called for help?
Do employees have a clear line of sight of
visitors in waiting areas?
Do areas used for client or visitor interviews
allow co-employees to observe problems?
Are waiting and work areas free of objects
that could be used as weapons?
Is furniture in waiting and work areas
arranged to prevent employee entrapment?
Are clients and visitors clearly informed how
to use the department services so they will
not become frustrated?
Are private, locked restrooms available for
employees?
Do employees have a secure place to store
personal belonging?
545
4 Building Exterior
Yes No Building Exterior Comments:

Do employees feel safe walking to and from
the workplace?
Are the entrances to the building clearly
visible from the street?
Is the area surrounding the building free of
bushes or other hiding places?
Are security personnel provided outside the
building?
Is video surveillance provided outside the
building?
Is there enough lighting to see clearly?
Are all exterior walkways visible to security
personnel?
Parking Area
Yes No Parking Area Comments:

Is there a nearby parking lot reserved for
staff?
Is the parking lot attended and secure?
Is the parking lot free of blind spots and
landscape trimmed to prevent hiding
places?
Is there enough lighting to see clearly?
Are security escorts available?
546
5 Security Measures
Yes No Security Measures Comments:

Is there a response plan for workplace
violence emergencies?
Are there physical barriers? (between staff
and clients)
Are there security cameras?
Are there panic buttons?
Are there alarm systems?
Are there metal detectors?
Are there X-ray machines?
Do doors lock?
Does internal telephone system activate
emergency assistance?
Are telephones with an outside line
programed for 911?
Are there two-way radios, pagers, or cell
phones?
Are there security mirrors?
Is there a secured entry?
Are there personal alarm devices?
Are there “drop safes” to limit available
cash?
Are pharmaceuticals secured?
Is there a system to alert staff of the
presence, location, and nature of a security
threat?
Is there a system in place for testing security
measures?
547
STEP 3: DEVELOP CORRECTIVE ACTION PLAN
(Action Plan Types: BI – Building Interior, BE – Building Exterior, PA – Parking Area, SM – Security Measure) Type Action Item Person(s)
Responsible
Target
Date Status Comments
548

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Art Vela, Public Works Director
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-123, Approving the Line Extension Reimbursement Agreement Between the City of Banning and Robertson’s Ready Mix, LTD
RECOMMENDATION:

Adopt Resolution 2024-123.

BACKGROUND:

The Banning Quarry (“Quarry”) is an existing aggregate (sand and gravel) mine and processing plant located in the northeastern portion of the City. The Quarry has been owned and operated by Robertson’s since 1997, and originally consisted of mining operations across 186 acres. Pursuant to a Development Agreement between Robertson’s Ready Mix, LTD and City of Banning in 2020, the active mining area (“Mining Area”) was expanded to 209 acres. A City of Banning Electric Utility (“BEU”) pole line that served existing services for the mining site had existed on the border between the original 186 acres and the expanded area, making it impossible to mine a significant area of the South Pit.

As a result, Robertson’s Ready Mix agreed to compensate BEU for removing and relocating the utility distribution pole line to allow full access to mining in the expanded area. City Staff has drafted a Line Extension Reimbursement Agreement (“LEA”), attached herewith as Exhibit A, that defines the scope of the project and provides a mechanism for payment for the work that will be completed by BEU.

JUSTIFICATION:

This LEA will allow the Electric Utility to relocate the distribution facilities serving the power supply at Robertson’s Ready Mix, enabling the customer to continue mining operations onsite more efficiently and without the presence of utility infrastructure near mining pits.

FISCAL IMPACT:

Staff recommends the City Council approve the LEA with Robertson’s Ready Mix with an initial deposit amount of $295,000 due to the City from Robertson's Ready Mix upon execution of the LEA, and allow Robertson’s Ready Mix to contribute additional deposits or payments to cover any additional eligible expenses incurred by the City.

ALTERNATIVES:

Do not adopt Resolution 2024-123 and provide alternative direction to staff. 549
ATTACHMENTS:

1. Resolution 2024-123, Robertsons Agreement.docx

2. Banning - Line Extension Agreement (Robertson_s Ready Mix)_draft 7-1-24.pdf 550
Resolution 2024-123

RESOLUTION 2024-123

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING THE LINE EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF BANNING AND ROBERTSON’S READY MIX, LTD
WHEREAS, the City of Banning (“City”) is a general law municipality governed by elected City Council Members; and
WHEREAS, the City owns and operates a retail electrical energy distribution system which serves load to end-use costumers in an assigned area of service; and WHEREAS, in 2020, the City and Robertson’s Ready Mix, Ltd. executed a Development Agreement, which allowed for the expansion of the active mining area at the Banning Quarry from 186 acres to 209 acres; and
WHEREAS, the City’s Electric Utility Department (“BEU”) owns a utility distribution pole line that served existing services for the mining site and is located on the border between the original 186 acres and the expanded area (the “South Pit”); the pole line inhibits access to a significant area of the South Pit by Robertson’s Ready Mix, Ltd.; and WHEREAS, Robertson’s Ready Mix, Ltd. has agreed to compensate BEU for removing and relocating the utility distribution pole line to allow full access to mining in the expanded area; and
WHEREAS, the draft Line Extension Reimbursement Agreement (“LEA”) defines the scope of the project and provides a mechanism for deposit of funds and reimbursement of costs to the City for eligible expenses related to the work that will be completed by BEU; and WHEREAS, execution of the proposed LEA will enable Robertson’s Ready Mix, Ltd. to continue mining operations onsite more efficiently and without the presence of utility infrastructure near mining pits.

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

SECTION 1. The City Council approves the Line Extension Reimbursement Agreement with Robertson’s Ready Mix, Ltd., attached hereto as Exhibit A, authorizes the City Manager to execute the Agreement in a form approved by the City Attorney on behalf of the City Council, and authorizes the City Manager to make any necessary non-substantive revisions to the Agreement prior to execution.

SECTION 2. The City Council authorizes the City Manager, or his 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. 551
Resolution 2024-123

PASSED, APPROVED, AND ADOPTED this 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning, California
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
552
Resolution 2024-123

CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-123, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
553
Resolution 2024-123

EXHIBIT A
Line Extension Reimbursement Agreement with Robertson’s Ready Mix, Ltd. 554
-1-

CITY OF BANNING ELECTRIC LINE EXTENSION
REIMBURSEMENT AGREEMENT FOR PROJECT NO. ______
This Electric Line Extension Reimbursement Agreement (“Agreement”) is dated ________________ __, 2024 (the “Effective Date”), and is by and between the City of Banning, a California municipal corporation (“City”) and Robertson's Ready Mix, Ltd., a California limited partnership ("Applicant"). City and Applicant are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.

RECITALS

1. City owns and operates electric distribution lines and services within the Robertson’s Ready Mix property at 1990 N Hargrave St, Banning, CA . Applicant is currently extending mining operations into a portion of the property that is in direct conflict with existing electric distribution facilities for which Applicant is seeking an electrical line extension from the Banning Electric Utility, an electric enterprise operated by City, to relocate the City-owned distribution facilities.

2. The specific electrical line extension that is the subject of this Agreement is referred to herein as Project No. ____ orsimply the Project.

The Project is generally described as an overhead electric line extension adjacent to the Robertson’s Ready mix property line on Hoffer St., Evans St., Gilman St., and Theodore St. The Project deposit costs associated with this Agreement are further detailed and defined in both Exhibit A to this Agreement and the construction plans related to this Agreement.

3. It is the mutual intent of the Parties that this Agreement is necessary to set forth the terms and conditions by which Applicant shall reimburse City for the work and material required for the Project.

NOW, THEREFORE, the Parties agree as follows:

AGREEMENT

1. City Electric Line Extension and Construction Work. City shall extend and install electric lines (“Electrical Facilities”) for the Project as further detailed in Exhibit A to this Agreement and in accordance with all applicable City ordinances, resolutions, and standards; provided that City will install only those Electrical Facilities that, in City's judgment, will be used within a reasonable time to serve permanent loads. All service extensions shall be installed pursuant to City's Electric Rules and Regulations. The City will be responsible for planning, designing, and engineering Distribution Line Extensions using the City Electric Utility's standards for material, design, and construction.

2. Ownership of Electrical Facilities. Title to and ownership of the Electrical Facilities constructed by City shall vest in City. Applicant agrees that upon completion and acceptance by City of any Applicant-installed Electrical Facilities, title to each and every component part thereof shall immediately pass to City free and clear of all liens and encumbrances.

3. Applicant’s Obligations.

A. Applicant shall, at its sole cost and expense and in accordance with City's specifications and timing requirements for the Project, pay to City, as specified herein and before the start of construction, City's estimated-installed costs thereof.

B. Applicant shall also be responsible for 100% of the cost for all offsite improvements required to extend or upgrade overhead/underground distribution lines to the Project site. Nothing in this Agreement shall entitle Applicant to any reimbursements for such work performed and completed under this Agreement; unless City and Applicant subsequently agree that the cost may be shared between Applicant and City because the offsite improvements benefit the whole area, including any new Customer/Applicant.

4. Rights-of-Way. Applicant hereby grants to City rights-of-way and easements for the Distribution Line Extension over the shortest, most practical, available, and acceptable route over, within, and through Applicant's property for the purpose of delivering electric service as part of the Project. Such rights-of-way and easement shall include the right of City and its authorized agents and representatives to access and have complete and exclusive control of the operation, repair, alteration, and maintenance of the Electrical Facilities, including but not limited to, periodic reading, maintenance, and replacement of meters and to trim trees as necessary.

In the event City requires formal rights-of-way, easements, land leases, or permits for installation of Electrical Facilities on or over Applicant's property, or the property of others, Applicant acknowledges and agrees that City shall not be obligated to install any Electrical Facilities for the Project unless and until any such formal rights-of-way, easements, land leases, or permits are obtained for, and at no cost to City. In no event shall this Agreement be construed to obligate City to condemn any property interest.

5. Deposit & Reimbursement. Within ten (10) business days following execution of this Agreement, Applicant shall deposit Two Hundred Ninety-Five Thousand Dollars ($295,000) (the “Deposit”). City shall maintain the Deposit in a separate account and shall have the right to draw upon the Deposit for reimbursing City for all Eligible Expenses, as defined in the Section 6 below. 555
-2-
Applicantshall thereafter maintain the Deposit in such amounts as City, in its sole and reasonable discretion, deems necessary to cover City’s Eligible Expenses it has incurred or expects to incur within the next sixty (60) days. The final payment shall be for the difference between the final actual and estimated inspection, project management, and construction costs. City shall notify Applicant of the final actual inspection, project management, and construction costs for the Project, including an itemized statement, within fifteen (15) business days of completion of Project construction. Applicant shall submit the third payment to City within ten (10) business days’ receipt of City’s notice.

Within ninety (90) days of either expiration of this Agreement or receipt of Applicant’s earlier termination of this Agreement, City shall return any then-unexpended portion of the Deposit to Applicant, without interest, less an amount equal to any unpaid Eligible Expenses previously incurred by the City.

6. Eligible Expenses. Applicant’s Deposit shall be used to reimburse City for all costs reasonably incurred in completing the Project, primarily on a time and material basis (“Eligible Expenses”), including, without limitation, the following:
 Materials, commodities, consumables, tools, and equipment used for the installation of Electrical Facilities up to line energization and the City's acceptance of a line section or secondary service;  Fee payments and payments to contractors employed by the City in connection with the Project; and  The fully burdened labor cost for staff time for: (i) Project design, inspection, and management; (ii) preparing and reviewing reports and supporting documentation; and (iii) attending meetings in connection with the Project; and  Any and all other costs reasonably incurred by City in connection with the Project.

7. Street Lighting Facilities Street lighting and Distribution Line Extensions within the Project solely for service to street lighting equipment shall be installed in accordance with the appropriate street light requirements. Street Lights shall be located at points determined by the City over streets to be dedicated to the City or by Applicant for privately owned and maintained streets open to and used by the general public.

The necessity and location of street lighting related to this Project will fall under the responsibility of City of Banning Public Works Department. However, all maintenance of street lighting shall be the responsibility of City of Banning Electric Utility. Street light revenues are not applicable toward refunds for Distribution Line Extensions.

8. Payment Adjustments. If the load information provided by Applicant results in City having installed Electrical Facilities that are in excess of those needed to serve the actual loads, and City elects to reduce such excess Electrical Facilities, Applicant shall pay to City the total costs to remove, abandon, or replace the excess Electrical Facilities, less the estimated salvage of any removed Electrical Facilities.

9. Force Majeure. In the event that either Party shall be delayed or hindered, or prevented from performance of any act required by this Agreement by reason of acts of God, strikes, lockouts, labor troubles, shortage of labor or material, weather conditions, governmental rule or regulation, judgement or order of any court or commission, delay in obtaining necessary land rights, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this Section.

City shall have the right, furthermore, in the event of its inability to obtain sufficient supplies, materials, or labor to meet its construction requirements, to allocate materials and labor to construction projects that City, in its sole discretion, deems most important to serve the needs of its customers and the general public. Any delay in City’s performance under this Agreement resulting from such allocation shall be deemed to be cause beyond City's control.

10. Agreement Revision. If Applicant does not commence installation of any Electrical Facilities which are Applicant's responsibility or City is prevented from commencing the installation of the Electrical Facilitiesfor causes beyond its reasonable control within one year from the effective date of this Agreement, City may, in its discretion, revise its cost estimate and recalculate the refundable and/or nonrefundable amounts set forth herein. City will notify Applicant of such increased costs and give the option to either terminate this Agreement or pay City the additional charges.

11. Agreement Termination. If at any time during the term of this Agreement, the Applicant decides to discontinue construction of the electric line extension, for any reason, this Agreement may be terminated. Upon termination of the Agreement, Applicant agrees to forfeit that portion of the Deposit paid to City for its expenses covering any engineering, surveying, right of way acquisition and other associated work incurred by City. If such expenses are greater or less than the refundable and/or non­refundable Deposit, Applicant shall pay to City, or City shall refund the balance to Applicant, without interest, as the case may be.

This Agreement shall immediately terminate, and the obligations of the Parties under this Agreement shall cease, on Applicant’s failure to: (1) submit a payment to City by or before the deadline specified in this Agreement; and/or (2) perform any work it is required to do for completion of the Project. Upon termination, City may remove the Electrical Facilities. 556
-3-

12. Indemnification. Each party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its affiliates, and its respective officers, directors, employees, agents, and representatives (each an “Indemnified Party”) from and against any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, judgments, settlements, losses, costs, and expenses (including reasonable attorneys’ fees), and injuries or damages of any kind whatsoever, in law or equity, arising from or in connection with the performance of this Agreement, and attributable to the fault of the Indemnifying Party. Following a determination of the percentage of fault or liability by agreement between the Parties or a court of competent jurisdiction, the Indemnifying Party shall indemnify the Indemnified Party(ies) for the percentage of liability determined. The Indemnified Party shall promptly notify the Indemnifying Party of any such claim and reasonably cooperate with the Indemnifying Party in defense of such claims at the Indemnifying Party’s expense. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against an Indemnified Party, the Indemnifying Party shall defend the Indemnified Party, at the Indemnifying Party’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against the Indemnified Party. The Indemnifying Party shall reimburse Indemnified Parties for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Indemnifying Party’s obligation shall not be restricted to insurance proceeds, if any. All duties of the Parties under this section shall survive termination of this Agreement.

13. Assignment of Agreement. After Applicant has performed its construction obligations hereunder, Applicant may assign this Agreement, in whole or in part, to its successor or successors. Assignment of the Agreement shall not release Applicant from any of the obligations under this Agreement unless otherwise provided therein. Any assignment of the Agreement to a successor(s) shall be mutually agreed upon between the City and the Applicant.

14. Joint and Several Liability. Where two or more individuals or entities are joint Applicants under this Agreement, all Applicants shall be jointly and severally liable to comply with all terms and conditions herein.

15. Warranty. Applicant warrants that all work and/or equipment furnished or installed by Applicant shall be free of defects in workmanship and material. The warranty period shall begin from the date of final acceptance by City and extend for one (1) year.

Should the work develop defects during that period, City, at its election, shall either (a) repair or replace the defective work and/or equipment, or (b) demand that Applicant repair or replace the defective work and/or equipment and, in either event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant upon demand by City, shall promptly correct, to City's satisfaction and that of any governmental agency having jurisdiction, any breach of any warranty.

16. Agreement Effective Date. This Agreement shall not be effective unless it is (1) signed by City's authorized individual, (2) executed and delivered by Applicant to City together with payment required hereunder within thirty (30) days of the date in Paragraph 1 of this Agreement and (3) accepted by City. This Agreement shall then be effective on the date executed by City and shall take effect without further notice to Applicant.

17. Jurisdiction. This Agreement is subject to the applicable provisions of City's tariffs, including City of Banning Electric Utilities Rules and Regulations. This Agreement shall, at all times, be subject to such changes or modifications by California Energy Commission, as said Commission may, from time to time, direct in the exercise of its jurisdiction.

18. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.

19. Exhibits. All documents referenced as exhibits in this Agreement constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
557
-4-
The Parties, through their respective authorized representatives, are signing this Agreement on the date stated in the introductory clause.

CITY
City of Banning,
a California municipal corporation
By:

Douglas Schulze
City Manager
ATTEST:

By:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

By:

Serita R. Young
City Attorney

APPLICANT
Robertson's Ready Mix, Ltd.,
a California limited partnership
By:

Name:

Title:

By:

Name:

Title:
558

EXHIBIT A

COST TO RELOCATE DISTRIBUTION FACILITIES
Classification Quantity Cost Total
Poles (pole, insulators, x-arms) 20 $ 7,500.00 $ 150,000.00 Conductor (2700' x 4 cond) 10800 $ 5.00 $ 54,000.00
Misc Materials $1000/ pole 20 $ 1,000.00 $ 20,000.00
Additional Labor lot $ -
Contingency (20% Cost) lot $ -
Inflation (20%) lot $ -
Design lot $ 70,800.00 $ 70,800.00
Total $ 294,800.00
Cost within the “additional Labor” category will cover Eligible Expenses related to the removal and disposal of original distribution facilities, project management inspection, etc as defined in Sections 5 and 6 of this Agreement. These costs will be provided within fifteen (15) business days of completion of Project construction and accompanied with an invoice for payment. 559

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-124, Awarding a Contract with Pinnacle Petroleum Inc. for Unleaded and Diesel Bulk Fuel Services in the Amount of $500,000
RECOMMENDATION:

Adopt Resolution 2024-124.

BACKGROUND:

The City of Banning's fleet consists of over 200 light, medium and heavy duty vehicles and equipment that are fueled at the City's corporate yard. The City's fleet operates on unleaded, diesel and compressed natural gas. In 2023 the City used 107,056 gallons of unleaded fuel and 11,694 gallons of diesel fuel.

Fuel purchases are exempted from the City's standard purchasing requirements, but in order to insure the City is getting the best value for fuel City staff advertised an invitation to bid (IFB-24-067:

UNLEADED & DIESEL BULK FUEL SERVICES) on May 8, 2024. As a result the City received 3 bids.

The lowest bid was submitted by Pinnacle Petroleum Inc.

As a result, staff recommends the award of a contract with Pinnacle Petroleum Inc. in the amount of $500,000 per year for a five (5) year period beginning Fiscal Year 2024/2025 through Fiscal Year 2029/2030 for unleaded and diesel bulk fuel services.

JUSTIFICATION:

Pinnacle Petroleum Inc. submitted the lowest bid to IFB-24-067: UNLEADED & DIESEL BULK FUEL SERVICES.

FISCAL IMPACT:

The contract will be funded by the Fleet Fund, Account No. 702-3800-480.36-11. The Fleet Fund is an interservice fund funded by all departments that utilize the Fleet Division's services.

ALTERNATIVES:

Do not approve staff recommendation and/or provide alternative direction.

ATTACHMENTS:

1. Resolution 2024-124, Pinnacle Petroleum Bulk Fuel.docx

2. CSA - Pinnacle Fuel.docx
560
Resolution 2024-124

RESOLUTION 2024-124

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A CONTRACT WITH PINNACLE PETROLEUM INC. FOR UNLEADED AND DIESEL BULK FUEL SERVICES IN THE AMOUNT OF $500,000
WHEREAS, the City of Banning's fleet consists of over 200 light, medium and heavy duty vehicles and equipment that are fueled at the City's corporate yard; and WHEREAS, the City's fleet operates on unleaded, diesel and compressed natural gas.; and
WHEREAS, in order to ensure the City is getting the best value for fuel City staff advertised an invitation to bid (IFB-24-067: UNLEADED & DIESEL BULK FUEL SERVICES) on May 8, 2024 and as a result the City received 4 bids; and
WHEREAS, the lowest bid was submitted by Pinnacle Petroleum Inc.

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

SECTION 1. The City Council approves a contract with Pinnacle Petroleum Inc. in the amount of $500,000 per year for a five (5) year period beginning Fiscal Year 2024/2025 through Fiscal Year 2029/2030 and authorizes the City Manager to make non-substantive changes to the agreement and to sign said agreement.

SECTION 2. The City Council 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 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
561
Resolution 2024-124

APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
562
Resolution 2024-124

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-124, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
563
Resolution 2024-124

EXHIBIT A
Agreement with Pinnacle Petroleum, Inc.
564
AGREEMENT FOR CONTRACT SERVICES (C01049)

FOR UNLEADED AND DIESEL FUEL AND FUEL DELIVERY
By and Between

THE CITY OF BANNING,

A MUNICIPAL CORPORATION
and
Pinnacle Petroleum, Inc.
a California corporation
565
-1-
AGREEMENT FOR CONTRACT SERVICES (C01049) FOR UNLEADED AND

DIESEL FUEL AND FUEL DELIVERY BY AND BETWEEN CITY OF
BANNING AND PINNACLE PETROLEUM, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein” Agreement”) is made and entered into this day: ________________, by and between the CITY OF BANNING, a municipal corporation (“City”) and PINNACLE PETROLEUM, INC., a California corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”.

RECITALS
A. City has sought by issuance of an Invitation for Bids (IFB No. 24-067), the performance of the Services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a bid for the performance of the Services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those Services.

C. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those Services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those Services specified in the “Scope of Services” attached hereto as Exhibit “A” and “A-1” and incorporated herein by this reference, which Services may be referred to herein as the “Services” or “Work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Work and Services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
566
-2-

1.2 Contractor’s Proposal.

The Scope of Services shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement.

Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Warranty.

Contractor warrants all under the Agreement (which for purposes of this Section shall be deemed to include unauthorized Work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees to warranty labor for ninety (90) days. Parts, materials, and workmanship for a period of one year (or the period of time specified elsewhere in 567
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the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Agreement, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any Work damaged by such Work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. This provision may be waived in Exhibit “B” if the Services hereunder do not include construction of any improvements or the supplying of equipment or materials.

1.8 Prevailing Wages.

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000.00 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.9 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the Services of the other.
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1.10 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra Work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said Work. No such extra Work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000.00, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and “C-1”, and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed, Five Hundred Thousand Dollars ($500,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses if an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Scope of Services shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the Work with City is a critical component of the Services. If 569
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Contractor is required to attend meetings in addition to the project meetings, to facilitate coordination of the Services and/or Work, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all Work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor charges. Sub-contractor charges shall also be detailed by such categories.

City shall independently review each invoice submitted by the Contractor to determine whether the Work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for Work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3. City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.

2.5 Waiver.

Payment to Contractor for Work performed pursuant to this Agreement shall not be deemed to waive any defects in Work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, 570
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however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s Work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s Work within forty-five (45) days after it is submitted to City. City shall accept Work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any Work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Article 1 and 5, pertaining to warranty, and indemnification and insurance, respectively.

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall commence upon execution by both Parties and shall expire on June 30, 2030, or extended in writing in advance by both Parties. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principal of Contractor (Principal) is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Work specified herein and make all decisions in connection therewith.

Liz McKinley – President

4.2 Representative Name, Title.

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principal. For purposes of this Agreement, the foregoing Principal may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.

4.3 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in 571
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writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.4 Contract Officer.

The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.5 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.6 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) that meet the standards specified in Section 5.5. The following policies of insurance are required:
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(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) POLLUTION LIABILITY Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

If this Agreement continues for more than three (3) years duration, or in the event the City Manager or his/her designee determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager, or his/her designee.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions.

Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its Council members, officers, officials, employees and agents; or (ii) Contractor shall provide a financial 573
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guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.

5.2 General Requirements.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.

Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Contractor.

2. Insurance must be maintained and evidence of insurance must be provided for at least three years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a three-year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Contractor, Contractor must purchase extended reporting coverage for a minimum of three years following the expiration or termination of the Agreement.

4. A copy of the claims reporting requirements must be submitted to City for review.

5. These requirements shall survive expiration or termination of the Agreement.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
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If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the Services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

5.3 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs 575
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and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement.

If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

5.4 Performance Bond.

Concurrently with execution of this Agreement, and if required in Exhibit “B”, Contractor shall deliver to City performance bond in the sum of the amount of the Contract Sum, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and 576
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void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.5 Sufficiency of Insurer or Surety.

Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Risk Manager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.4 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing Design Services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design Services, the estimated increased or decreased cost estimate for the project being designed. 577
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6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Documents and Materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted Documents and Materials without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

6.4 Confidentiality and Release of Information.
(a) All information gained or Work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or Work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or Work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any Work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any Work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. 579
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Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Not Applicable as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of Services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the Work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
580
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7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of Services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 581
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8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of Work and/or Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication that either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF BANNING, 99 East Ramsey Street, Banning, CA 92220 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the 582
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City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.7 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
583
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
584
Exhibit A -1
EXHIBIT “A”

SCOPE OF SERVICES
I. Contractor will perform the following Services:

As specified in Scope of Work from IFB , Exhibit “A-1”.

Scope of Work

GENERAL
The City of Banning wishes to contract with a responsible vendor to furnish and deliver bulk fuel for unleaded gasoline and diesel in accordance with the specifications outlined below.

All fuels shall meet current California Air Resource Board (CARB) applicable regulations as well as any other applicable Federal, State or other regulations.

The materials to be furnished under this proposal shall be delivered at such time and in such quantities as called for by the City of Banning.

The City of Banning reserves the right to add or delete locations for fuel delivery during the contract term.

These annual volumes are estimates only. The City shall not be penalized for purchasing more or less than the estimated volume.

The City will not agree to any minimum purchase requirements.

DELIVERY LOCATION / ESTIMATED QUANTITIES
Corporate Yard – 176 E. Lincoln St. Banning, CA 92220
One 10,000 gallon Clear Diesel Tank
Annual estimated volume: 12,000 gallons
Average delivery: 900 - 1200 gallons
Requires 3-4 week deliveries to keep tank at desired levels.

Scheduling shall be coordinated with the Fleet Department at this location.

One 10,000 gallon Unleaded Tank
Annual estimated volume: 100,000 gallons
Average delivery: 7,500 gallons
Requires 3-4 week deliveries to keep tank at desired levels.

Scheduling shall be coordinated with the Fleet Department at this location. 585
Exhibit A -1

DELIVERY
Upon delivery of fuel to the location, drivers shall be required to "stick" the tank to ensure adequate storage capacity to accept the entire shipment without spillage and the readings will be recorded on the delivery receipts. The company shall be responsible for all spillage that may occur during transit, loading or unloading. Clean up shall be performed in accordance with EPA and State of California guidelines and requirements. Failure to do so will initiate corrective action and charge back to the vendor of any cost incurred. Prior to the first delivery, the company will submit a fuel spill clean-up plan for approval by the City.

Deliveries shall be made within 24 hours after order is placed unless otherwise specified by the ordering agency. The company shall respond to the City emails or calls within 48 hours.

The delivery truck shall establish a safety zone while making fuel delivery to prevent pedestrian or vehicle traffic from coming in contact with the delivery truck and hoses. Safety zone should be established using safety cones, barriers, caution tape and/or signage.

SUPPLY REQUIREMENTS
The Contractor shall have gasoline and diesel fuel supply contracts which shall assure the continuous supply of product during the contract period. Bidders may be required to furnish information supporting their ability to supply, without major interruption, the products covered in this bid
The Contractor shall have a reliable source of supply such as a major refiner to assure a continuous supply. However, it shall be thecontractor’ss responsibility to manage purchases from all sources so as not to jeopardize the ability to purchase fuel for the City in periods of tight supply.

In the event that federal, state or local regulations require fuel allocations or rationing at any time during the contract term, the vendor shall assign first priority to City's requirements or assign as prescribed by any federal, state, or local allocation program in effect.

Diesel Alternate As an alternate to the above #2 Diesel – Clear, Ultra-Low Sulfur, the City reserves the right to consider Renewable Diesel in lieu of conventional diesel and biodiesel fuels.

REPORTING
Upon request by the City, Company shall provide quarterly usage reports detailing the fuel type, quantity and date of each delivery (by location) and the cost per gallon. The cost per gallon shall be the net price the City was charged, including applicable taxes. Report shall also provide the total gallons purchased for each fuel type.

The City will verify the accuracy of delivered gallons by using one of the two internal automatic tank gauge measuring systems, Veede3r Root or Incon. The City reading will be compared to the Bill of Lading (BIL) quantity. If the reading is more than 200 gallons different, the delivery will be paid based on the City's system NET reading. In such cases, the City will email the reading receipt to the Company within ten (10) business days. 586
Exhibit B -1
EXHIBIT “B”

SPECIAL REQUIREMENTS

NOT REQUIRED
587
Exhibit C -1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall provide the fuel and fuel delivery at the following rates:

II. To the extent a project proposal consists of multiple subtasks, within the budgeted amounts for each subtask, and with the approval of the Contract Officer, funds may be shifted from one subtask sub-budget to another so long as the project budget is not exceeded per Section 2.1, unless additional services are approved per Section 2.3. 588
III. For each project assignment the City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
589
Exhibit D -1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.5.

II. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
590

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-125, Approving A Successor Memorandum of Understandings with the Teamsters Local 1932, Representing the Association of Mid-Management and Professional Employees, Effective July 1, 2022, through June 30, 2024, and Authorizing the City Manager to Finalize and Execute a Successor Agreement
RECOMMENDATION:

Adopt Resolution. 2024-125.

BACKGROUND:

The City Council has previously approved a Tentative Agreement (TA) with Teamsters Local 1932 for the bargaining period of July 1, 2022, through June 30, 2024. That TA included language for a reopener to address two additional issues that needed additional legal research. The Council approved a TA with the group for those reopener items on June 11, 2024, and the union has since ratified via membership vote.

The TA with Teamsters Local 1932 representing the Teamsters Association of Managers Unit was accepted by City Council via Resolution 2023-059 in open session of City Council on March 28, 2023.

That TA contained language for a reopener to address leave payouts and city funded healthcare options.

The Teamsters Unit met and ratified that successor Tentative Agreement and now the Council is requested to accept the resulting Memorandum of Understanding (MOU).

JUSTIFICATION:

The City Council must ratify the MOUs for execution by the City Manager.

FISCAL IMPACT:

The fiscal impact was discussed with City Council in closed session and the original TA fiscal impact was discussed at the time of that approval.

ALTERNATIVES:

Do not adopt Resolution 2024-125 and provide staff alternate direction.

ATTACHMENTS:

1. Resolution 2024-125, MOU Teamsters.docx

2. 7.2.24 FINAL Teamsters MOU 2022-2024 (Clean).pdf
591
Resolution 2024-125

RESOLUTION 2024-125

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE TEAMSTERS LOCAL 1932 REPRESENTING THE ASSOCIATION OF MID-MANAGEMENT AND PROFESSIONAL EMPLOYEES, EFFECTIVE JULY 1, 2022, THROUGH JUNE 30, 2024,

AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A SUCCESSOR

AGREEMENT
WHEREAS, the City of Banning ("City") has formally recognized the Teamsters Local 1932 ("Teamsters') as the exclusive employee organization for the Association of MidManagement and Professional Employees bargaining unit; and WHEREAS, the prior Memorandum of Understanding ("MOU") between the City and the Teamsters expired on June 30, 2022; and
WHEREAS, the City labor representatives and Teamsters representatives have successfully met, conferred and signed a Tentative Agreement on the deal points for a successor MOU for the period of July 1, 2022 through June 30, 2024 pursuant to the Meyers-Milias-Brown Act (MMBA) (Gov't code Sections 3500-3511) and the City's Employer-Employee Relations Resolution 2010-45; and
WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and
WHEREAS, the Teamsters membership has ratified the Tentative Agreement for a successor MOU, where once approved by the governing body and the resulting final MOU is signed by the City Manager and Teamsters representatives becomes a binding agreement.

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

SECTION 1. The City Council hereby approves the Successor MOU between the City and Teamsters (Local 1932) representing the Association of Mid-Management and Professional Employees bargaining unit, for the period of July 1, 2022 through June 30, 2024.

SECTION 2. The City Council hereby authorizes and directs the City Manager or designee to finalize and execute the Successor MOU, based on the approved Tentative Agreements, on behalf of the City of Banning.

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. 592
Resolution 2024-125

PASSED, APPROVED AND ADOPTED this 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
593
Resolution 2024-125

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-125, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
594
Resolution 2024-125

EXHIBIT A
Teamsters Local 1932 Unit MOU for 2022-2024
595
1 12508861.2 BA060-057
TEAMSTERS LOCAL 1932

MID-MANAGEMENT AND

PROFESSIONAL UNIT

MEMORANDUM OF

UNDERSTANDING
July 1, 2022 – June 30, 2024
596
2 12508861.2 BA060-057

TABLE OF CONTENTS
ARTICLE 1– PREAMBLE ..............................................................................................................................3 ARTICLE 2- CONTINUATION OF RULES & POLICIES ............................................................................4 ARTICLE 3- EMPLOYEE RIGHTS .................................................................................................................4 ARTICLE 4 - MANAGEMENT RIGHTS .........................................................................................................5 ARTICLE 5- UNION DUES DEDUCTION ......................................................................................................6 ARTICLE 6- UNION REPRESENTATIVES ...................................................................................................7 ARTICLE 7 -BULLETIN BOARDS .................................................................................................................7 ARTICLE 8- MEMORANDUM OF UNDERSTANDING COPIES ..............................................................7 ARTICLE 9 – MEETINGS .................................................................................................................................7 ARTICLE 10 - HOURS OF WORK .................................................................................................................8 ARTICLE 11 · SALARIES, PERFORMANCE EVALUATIONS, RETIREMENT BENEFITS, AND EDUCATION INCENTIVE ................................................................................................................................9 ARTICLE 12- COMPENSATORY TIME, OVERTIME AND ON-CALL PAY ........................................ 13 ARTICLE 13 - ACTING PAY AND PROMOTION PAY ............................................................................ 15 ARTICLE 14 - PAY FOR JURY DUTY & COURT APPEARANCES ..................................................... 16 ARTICLE 15 - SAFETY, EQUIPMENT, AND TRAINING ........................................................................ 16 ARTICLE 16– MILEAGE, MEALS AND OTHER REIMBURSEMENTS ............................................... 17 ARTICLE 17 - TUITION, AND PROFESSIONAL TRAINING AND TRAVEL ....................................... 18 ARTICLE 18 - SICK LEAVE ......................................................................................................................... 19 ARTICLE 19 - VACATION AND HOLIDAY LEAVE. ................................................................................ 20 ARTICLE 20 - CAFETERIA PLAN .............................................................................................................. 22 ARTICLE 21 - LAYOFFS AND RE-EMPLOYMENT ................................................................................. 25 ARTICLE 22 - GRIEVANCE PROCEDURE ............................................................................................... 26 ARTICLE 23- SAVINGS CLAUSE ............................................................................................................... 27 ARTICLE 24 - COMPLETE AGREEMENT ................................................................................................ 27 ARTICLE 25 - RATIFICATION AND EXECUTION ................................................................................... 28 597
3 12508861.2 BA060-057
ARTICLE 1– PREAMBLE

1.1 - Parties. This Memorandum of Understanding (hereinafter "MOU") is entered into between The City of Banning, a municipal corporation (hereinafter "City") and Teamsters Local 1932 (hereinafter "Union"), a California nonprofit mutual benefit corporation and the recognized employee organization for the mid-management and professional unit of representation (the "Unit"), relative to wages, hours, and other terms and conditions of employment as provided by Sections 3500-3510 of the California Government Code, otherwise known as the Meyers-Milias-Brown Act.

1.2 - Employee Organization Recognition. The City continues to formally recognize the Union as the Exclusive Recognized Employee Organization representing employees in the Unit presently or hereafter employed by the City and eligible for inclusion in the Union. It is understood that this MOU shall constitute a bar to any petition or request for recognition of any unit which includes classifications of employees covered by this MOU or such petitions to represent such Unit members at any time during the initial term of this MOU. This provision shall not preclude employees from exercising their rights as may be provided by the Meyers-Milias-Brown Act or the Employer-Employee Relations Resolution of the City.

1.3 - MOU Term. Except as otherwise provided herein, this MOU between the City and the Teamsters relative to wages, hours, and other terms and conditions of employment shall be effective as of July 1, 2022 and shall remain in full force and effect until June 30, 2024 or until a successor MOU is adopted or impasse procedures are completed and the City Council approves unilateral implementation of its last, best and final offer, whichever occurs first.

1.4 - Unit Members. This MOU covers employees in the following classifications:

Administrative City Clerk Grants Program Manager
Assistant Civil Engineer Homeless Services Director
Associate Civil Engineer Management Analyst
Associate Civil Engineer w/Certification Planning Engineer Assistant Planner Principal Civil Engineer
Assistant Public Works Director/City Engineer Power Resources & Revenue Administrator Associate Electrical Engineer Public Works Program Manager Business Support Manager Public Works Superintendent
Capital Improvement Projects Manager Purchasing Manager CORE Manager Recreation Manager
Customer Service & Billing Manager Risk Management Analyst Customer Service Supervisor Senior Civil Engineer
Development Service Manager (Building Official) Senior Electrical Engineer Economic Development Manager Senior Planner
Electric Operations Manager Streets/Parks Maintenance Manager Electric Engineering Supervisor Transit Manager
Fleet Manager Water/Wastewater Superintendent
598
4 12508861.2 BA060-057
ARTICLE 2- CONTINUATION OF RULES & POLICIES

2.1 - Governing Law. Subject to the terms of this MOU, all City Ordinances, Policies, Resolutions, Rules and Regulations, including the Personnel Rules and Regulations of the City of Banning, the Employer-Employee Relations Resolution; and the Administrative Policies of the City of Banning, or successor rules, shall remain in effect during the course of this MOU.

2.2 - Meet and Confer. The Union and the City agree to meet and confer during the term of this MOU over the adoption or revision of City Ordinances, Resolutions, Policies, Rules, Regulations, Administrative and/or Personnel Policies regarding mandatory subjects of negotiation pursuant to the Meyers-Milias-Brown Act, including but not limited to updating the City's Personnel Rules and the City's Employer- Employee Relations Resolution.

2.3 - Departmental Policies. The Union recognizes the right of the City to adopt new or revised departmental rules and regulations which are not in conflict with this MOU and which are not regarding mandatory subjects of negotiation. In adopting such new or revised departmental rules and regulations, the City shall receive and consider input, if any, submitted by Unit members. The process of making such input shall not delay the timely implementation of such rule. Such input shall generally be solicited as follows:

The City shall provide a draft of the proposed change to the President of the Union or his/her designee. At the time of providing the draft, a time shall be set to meet and confer on the proposed change. Such date shall be no less than twenty-five (25) and no more than thirty-five (35) calendar days following date of presentation of the draft.

Within twenty (20) days following date of presentation, the Union shall provide copies of its comments to the Administrative Services Director/Deputy City Manager or his/her designee in writing. Failure to provide written comments within the twenty (20) day time period shall be deemed to be acceptance of the proposal as presented and termination of the requirement for further meet and confer.

If agreement is not reached on the proposal at the first meeting, a second meeting shall be held within fifteen (15) days thereafter. If an agreement is not reached at the second meeting as to a matter which is not a mandatory subject of meet and confer, the City may proceed with the adoption of the policy without further meetings.

The time limits set forth herein may be modified by the written agreement of the parties.

ARTICLE 3- EMPLOYEE RIGHTS

3.1 – Non-discrimination. The provisions of this MOU shall apply to all persons covered by this MOU without discrimination on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex (including pregnancy, childbirth and related medical conditions), age, sexual orientation, citizenship status or any other basis protected by applicable law, nor will there be any discrimination with respect to hiring, 599
5 12508861.2 BA060-057
I
retention or any condition of employment because of membership or activities on behalf of the Union.

3.2 - Union Membership. The Union will accept into membership all eligible persons of the bargaining unit without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex (including pregnancy, childbirth and related medical conditions), age, sexual orientation, citizenship status or any other basis protected by applicable law.

3.3 - Rights Granted by State and Federal Law. Except as otherwise provided in this MOU, Unit members shall have all rights which may be exercised in accordance with State law, and applicable ordinances, resolutions, rules and regulations. However, Unit members shall not have the right to file a grievance for violation of any such law, ordinance, or resolution, except as specifically set forth herein.

3.4 - Additional Employee Rights. Unit members shall also have:

The right to form, join, and participate in activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.

The right to refuse to join, or to participate in the activities of employee organizations.

The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in sections (a) and (b) above.

ARTICLE 4 - MANAGEMENT RIGHTS

4.1 - City Rights. The Union recognizes and agrees that the City and its representatives have the responsibility and the authority to manage and direct all operations and activities of the City including, but not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards and the processes and the materials to be employed; the right to subcontract any work or operation; to expand or diminish services; to determine the procedures and standards of selection for employment and promotion; determine classifications; direct its employees; take disciplinary action; relieve its employees of duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted and to assign work to employees; take all necessary actions to carry out its mission in emergencies; and, exercise complete control and discretion over its organization and work performance technology.

4.2 - Duty to Bargain Effects. When the decision to make the change is non-negotiable, but the effects of the decision are negotiable, the duty to provide notice and an opportunity to bargain arises at the time the decision is made and prior to taking action to implement the decision. 600
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ARTICLE 5- UNION DUES DEDUCTION

5.1 - Union is authorized to use payroll deductions for collecting employee organizational dues monthly.

5.2 - The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When an employee is in a nonpay status for an entire pay period, no withholding will be made to cover that pay period from future earnings.

5.3 - In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Union dues.

5.4 - The Union shall have the sole and exclusive right to have membership dues and voluntary deductions deducted for employees covered under this Agreement, upon appropriate written authorization by such employees to the Union. Union shall advise the City in writing of the membership dues and voluntary deductions to be deducted for each member. Union shall notify the City in writing of any changes to employee deductions thirty (30) days prior to the effective date of such change. The Union shall, as soon as possible, notify the City in writing if any member of the bargaining unit revokes a membership dues and voluntary deduction authorization.

5.5 - Union shall notify the City in writing of any employee who hereinafter comes into the bargaining unit and who has provided appropriate written authorization to the Union. The City shall deduct the approved bi-weekly membership dues and voluntary deductions in the pay period following receiving written notification from the Union.

5.6 - Employees in these Units who are members of the Union may withdraw from the Union at any time by sending notice to the Union. Union shall immediately certify to the City to terminate dues and voluntary deductions for any such employees, consistent with applicable law. An employee's deduction authorization shall automatically be canceled if the employee leaves the employ of the City or is transferred out of the Unit.

5.7 - The aggregate amount of Union dues deductions by the City shall be transmitted monthly to the Union. The City shall provide the Union with a list each month indicating the dues deducted from the pay of any Unit member and those Unit members for whom no deduction was made pursuant to the provisions of Sections 5.2, 5.3, and 5.6.

5.8 - The Union shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted, against the City arising from this Article, including on account of employee authorizations, revocations, deductions made, cancelled, or changed in reliance on the Union’s representations regarding employee dues and voluntary deduction authorizations. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.
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ARTICLE 6- UNION REPRESENTATIVES
Three (3) Unit members selected by the Union may attend scheduled meetings with City management during regular hours without loss of pay, provided that such employees shall not leave their work station or assignment without first providing adequate notice to their supervisor. Additional employees who are not on duty may participate at no additional cost to the City. Such meetings shall be scheduled in a manner consistent with the City's operating requirements and work schedules. Nothing herein shall be deemed to preclude the scheduling of such meetings at hours other than such employee's regular working hours, in which event attendance shall be without pay.

ARTICLE 7 -BULLETIN BOARDS

7.1 - Authorized Postings. The City will furnish adequate bulletin board space where currently available. Only areas designated by the Human Resource Department may be used for posting notices. Bulletin boards may be used for the following notices:
a) Scheduled Union meetings, agenda and minutes. Information on Union elections and election results.
b) Information regarding Union special, credit association, recreational, and related bulletins. c) Reports of official business of the Union including reports of committees or the board of directors.
d) MOU, pay scales, job announcements, promotion lists, etc. e) Such other items as may be approved by the Human Resource Director upon request of the Union.

7.2 - Posted Notices. Posted notices shall not be defamatory or violate any of the City's policies, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Union. The Union may give notices to Unit members through the use of the City mail system and/or the City computer e-mail system.

ARTICLE 8- MEMORANDUM OF UNDERSTANDING COPIES
After it has been executed by the parties, the City shall provide the Union with one (1) executed copy and one (1) electronic copy (PDF) of this MOU. Union shall be responsible for providing copies of this MOU to Unit members at Union's expense. City shall also provide a copy of the executed MOU to any Unit member hired or promoted into the Unit after the effective date of the MOU. The City may charge for any additional copies.

ARTICLE 9 – MEETINGS

9.1 - Items of Mutual Concern. Upon mutual agreement of both the City and the Union, the parties may meet to discuss items of mutual concern. A meeting conducted under this section shall not 602
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constitute a meet and confer or hearing under any grievance procedure.

9.2 - Use of City Facilities. The Union may be granted permission to use City facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Union from the Administrative Services Director/Deputy City Manager or his/her designee. The Union shall be held fully responsible for any damages to and security of any facility that is used by the Union.

9.3 - Budget Oversight Committee. The City agrees t o the creation of a Budget Oversight Committee, with the Union entitled to appoint one (1) member. Said Committee shall have an equal number of members appointed by the City's recognized Employee Union and the City. Said Committee shall be advisory only to the City Manager. City shall determine the necessity of meetings.

9.4- Subcontracting Work. The City shall notify the Union President of its intention to subcontract work performed by employees covered by this MOU no later than the date bids are requested for said contract work. The Union may comment on the proposed subcontracting and may request a meeting under Article 9 to discuss it or if applicable may ask for a meet and confer on the effects.

ARTICLE 10 - HOURS OF WORK
The parties agree that the City has the right to return to its traditional five day work week eight hour work day (5/8) work schedule, maintain its current four day work week ten hour work day (4/10) work schedule, or implement a nine day every two work week eighty work week (9/80) work schedule for some or all Union represented employees as appropriate in the sole discretion of the City as determined by each Department Head and with City Manager approval. The City shall provide at least thirty calendar day notice of a change in work schedules. Union represented employees currently working alternative work schedules at the time of the Union's ratification of the deal points of this MOU who are required to return to working the traditional five day work week eight hour work day (5/8) work schedule shall receive an additional three percent (3%) base salary wage increase for the time period that they are required to work that particular traditional work schedule. The Union reserves the option to waive this thirty day notice period.

For Employees working a (9/80) work schedule, the work period shall begin four hours after the start time of his or her eight hour shift on the day that corresponds with the employee’s alternating regular day off such that the employee works four, nine-hour shifts and one four hour shift each seven-day work period. Employees working a traditional five day eight hour per work day (5/8) work week schedule or four day ten hour per work day (4/10) work week schedule will continue to maintain a week ending time of 11:59 pm on Sundays.
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ARTICLE 11 · SALARIES, PERFORMANCE EVALUATIONS, RETIREMENT BENEFITS, AND

EDUCATION INCENTIVE

11.1 - Salary Survey & Salary classifications.

The City will fund a salary survey by a professional consultant, that will commence in October 2022 and will establish negotiations with Teamsters for the 2020-2024 MOU.

The Salary Survey shall include the Cities listed below for each manager in the specified Divisions. At the conclusion of the Salary Survey, the high and low salaries will be disregarded and the mean salary for each position shall be determined as the salary to base negotiations on. In the event salary survey results are implemented from another bargaining unit in the City, the Mid-Manager Bargaining unit salary survey results will be implemented within 30 days. Both parties have the option to request a meeting and confer regarding the process of implementation.

General
La Quinta
Coachella
Palm Springs
Colton
Azusa
Corona
Riverside
Electric Utility
Anaheim
Riverside
Colton
Azusa
Southern
California
Edison
Pasadena
Burbank
Water Utility
Anaheim
Azusa
Colton
Riverside
Eastern
Municipal
Water District
Redlands
Wastewater
Utility
Riverside
Redlands
Colton
Ontario
Chino
Coachella Valley
Eastern
Municipal
Water District
Unit classifications are assigned to salary ranges, as set forth below in accordance with the City's adopted Salary Table. Employees will be able to progress through the salary range as set forth in section 11.2.

CLASSIFICATION GRADE
Administrative City Clerk T79
Assistant Civil Engineer T68
Associate Civil Engineer T79
Associate Civil Engineer w/Certification T79
Assistant Planner T68
Assistant Public Works Director/City Engineer T100
Associate Electrical Engineer T85
Business Support Manager T90
Capital Improvement Projects Manager T85
CORE Manager T85
Customer Service & Billing Manager T85
Customer Service Supervisor T79
Development Service Manager (Building Official) T84
Economic Development Manager T85
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Electric Operations Manager T100
Electric Engineering Supervisor T90
Fleet Manager T85
Grants Program Manager T73
Homeless Services Director T73
Management Analyst T73
Planning Engineer T76
Principal Civil Engineer N/A
Power Resources & Revenue Administrator T100
Public Works Program Manager T85
Public Works Superintendent T85
Purchasing Manager T85
Recreation Manager T81
Risk Management Analyst T64
Senior Civil Engineer T86
Senior Electrical Engineer N/A
Senior Planner T81
Streets/Parks Maintenance Manager T70
Transit Manager T85
Water/Wastewater Superintendent T90
The City and the Union agree to meet and confer regarding the job description and salary range for the classification of Principal Civil Engineer at such time as the City desires to fund a position in that classification. The City reserves the right to fill the position with the current incumbent in the classification of Career Part-Time Associate Civil Engineer, or with any other qualified applicant, whichever best meets its needs at that time.

Targeted equity adjustments – Implement PSPC 2022 Total Compensation survey recommendations for Teamsters classifications. See attached effective October 26, 2022.

11.2 - Salaries, Performance Evaluations, Probationary Period & Assignment to Ranges. a. 3% base wage increase effective July 1, 2022 and paid out the first full pay period following City Council approval of the new MOU. b. 3% base wage increase effective the first full pay period including July 1, 2023.

This increase is for all Unit members still employed at the time this MOU is adopted by City Council.

Ranges with defined steps are shown on the salary schedule provided herewith. The salary table is calibrated in approximate 2.5% increments. Annual increases for satisfactory performance will be a minimum of two (2) steps or approximately 5%. Department Heads will have the option of granting a higher salary increase based on exceptional performance with approval of the City Manager. Unit members will continue to be evaluated using the employee performance evaluation form.

Employee shall be granted a step increase upon receiving a satisfactory overall evaluation on the City approved employee evaluation form OR such step increase will be automatically implemented if employee’s supervisor is thirty days late on giving such evaluation, retroactive to the due date of the evaluation.
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A first denial of a step increase shall not be an allowable subject of the exercise of employee rights under the grievance procedure outlined herein.

An employee denied a step increase shall thereafter have monthly meetings to review his/her performance with his/her supervisor and shall have the City approved employee evaluation form completed no later than six (6) months after the date of the performance evaluation which led to the denial of the step increase. If the employee's overall performance is rated satisfactory, then the employee shall be granted the appropriate step increase effective the first pay period following the six-month re-evaluation period. Such step increase shall not be retroactive.

If the employee's performance continues to be unsatisfactory after the six month re-evaluation period, the employee shall be given a final denial of step increase for the remainder of the regular evaluation period. After this final denial the monthly meetings to review his/her performance with his/her supervisor shall continue until the employee's next annual review. Denial of a step increase under this subsection shall be subject to review by an Evaluation Review Committee. The Evaluation Review Committee shall be comprised of the Employee Relations Officer, a nonevaluating Department Head selected by the employee, and an Union business representative. The Evaluation Review Committee shall make any adjustment to the evaluation that it deems justified by majority vote and its decision shall be final with no other right of appeal or grievance on the matter.

An employee at the top of his or her range shall have his or her performance evaluated at least annually within thirty (30) days of her/her anniversary date.

11.3 - Probationary Period. Employee will pass probation at the end of the one year probation period upon satisfactory performance evaluation, or shall pass probation if employee’s supervisor does not provide the performance evaluation by the due date of such. The probationary period for promotions will remain at six (6) months.

Probation Extension on an employees’ initial probation can be extended if necessary, for a period not to exceed six (6) months. If extended, such action must be extended during initial probation period. Any extended period of absence from duty four continuous weeks (2 pay periods) or more for any reason except scheduled vacation, will automatically cause a probation period to be extended equal to the period of absence.

The City agrees that as soon as practicable, job specifications will be reviewed to determine any necessary changes in minimum education requirements.

11.4 - California Public Employees Retirement System ("CalPERS") Formulas.

All Unit members hired prior to December 11, 2012 will remain eligible to receive the CalPERS retirement plan known as "two and one-half at fifty- five" retirement (2.5% @ 55) formula for Miscellaneous Employees.

Beginning on or after December 11, 2012, the City implemented the 2% @ 60 retirement formula for miscellaneous new hires with average three years for calculation of final retirement benefit, which after January 1, 2013 shall only apply to new hires defined by CalPERS as "classic members." 606
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(Approved by City Council through side letter December 11, 2012.) Beginning January 1, 2013, new hires defined by CalPERS as "new members" shall receive the newly created 2% @ 62 retirement formula with average of three years for calculation of final retirement benefit. (Mandated by the Public Employees' Pension Reform Act of 2013.)

11.5 - Contributions to CalPERS.

Effective January 1, 2013, all miscellaneous new hires defined by CalPERS as "new members" pay their full employee member contribution rate towards their CalPERS retirement benefit per the Public Employee’s Pension Reform Act of 2013 (rates vary per retirement formula).

Effective the first full pay period that included January 22, 2013, all Union represented employees began paying their full member contribution rate as well to their respective retirement plan with CalPERS and the City eliminated any and all Employer Paid Member Contributions.

11.6 - FICA. - Unit members shall pay the employee's portion of the Federal Insurance Contributions Act ("FICA") tax and the City shall be responsible for payment of the employer's portion.

11.7 - Disability.
a) Each Unit member shall pay the cost of membership in the State Disability Insurance or other long term disability insurance selected by the City. City agrees to offer a short term disability program at the employee’s expense provided that such short term disability program can be offered in conjunction with the City’s existing long term disability insurance and the Short Term Disability waiting period will reduce from 30 days to 7 days. b) An employee with sick leave accruals available may use their accruals in conjunction with STD/LTO benefits until exhausted. When sick leave is exhausted, an employee may use accumulated vacation leave and may also elect to use compensatory time to extend full pay as long as possible except when exempted by Human Resources Policy and the Family Leave Policy. An employee is prohibited from receiving more than 100% of salary in combined sick/vacation/comp time and the City mandated STD or LTD benefits.

11.8 - Direct Deposit. All Unit members shall be paid by direct deposit of their payroll check into an account of their choice, except those employees who either do not hold an account with a financial institution that offers direct deposit or who do not hold an account of any type. It shall be the responsibility of the employee to establish and maintain such account. When separation from the City is caused by death, payment of all outstanding compensation, including Salary and all remaining Sick Leave, Vacation, Comp Time or Holiday Time accruals shall be paid into the employee's direct deposit account the same as regular payroll.

11.9 - Residency Credit. All Unit members who reside within City limits shall receive one $150 per month per employee(s) discount against the cost of electric and water service during the period of such residence.

11.10 - Education Incentive. Unit members whose job specification does not require a bachelor's 607
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degree as a minimum requirement shall receive additional compensation of $200.00 per month for a Bachelor's Degree; employees who possess a Bachelor's Degree and a job related certificate shall receive $225.00 per month; employees who possess a Bachelor's Degree and a certification through a professional designation of official competency after taking a test or meeting established criteria by a universally recognized authority or association will receive $250.00 per month; employees who possess a Master's Degree will receive $275.00 per month; those employees who possess a Master's Degree and a certification through a professional designation of official competency after taking a test or meeting criteria established by a universally recognized authority of association shall receive $300.00 per month.

ARTICLE 12- COMPENSATORY TIME, OVERTIME AND ON-CALL PAY

12.1- Exempt Employees.

Except as outlined in Article 12.8, the following listed Unit classifications shall not receive overtime pay:

Administrative City Clerk
Assistant Civil Engineer
Associate Civil Engineer
Associate Civil Engineer w/Certification
Assistant Planner
Assistant Public Works Director/City Engineer
Associate Electrical Engineer
Business Support Manager
Capital Improvement Projects Manager
CORE Manager
Customer Service & Billing Manager
Customer Service Supervisor
Development Service Manager (Building Official)
Economic Development Manager
Electric Operations Manager
Electric Engineering Supervisor
Fleet Manager
Homeless Services Director
Grants Program Manager
Management Analyst
Planning Engineer
Principal Civil Engineer
Power Resources & Revenue Administrator
Public Works Program Manager
Public Works Superintendent
Purchasing Manager
Recreation Manager
Risk Management Analyst
Senior Civil Engineer
Senior Electrical Engineer
Senior Planner
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Streets/Parks Maintenance Manager
Transit Manager
Water/Wastewater Superintendent

12.2 - Non-Exempt Employees.

The following Unit members are entitled to receive overtime pay:

Assistant Planner
Associate Planner
Assistant Civil Engineer

12.3 - Compensated time off for Non-Exempt employees listed in Article 12.2:

Non-Exempt Unit members shall be paid for all overtime at the rate of time and one-half (1-112) for each hour worked, or they shall accrue compensatory time off hours at the rate of one and one-half hour (1-1/2) for each hour worked up to a maximum of two-hundred forty (240) hours.

Unit members may exercise the option to cash out a maximum of sixty (60) hours of compensatory time off per fiscal year.

12.4 - Hours Worked. For purposes of overtime calculation, "hours worked" for non- exempt Unit members shall include time spent in required court appearances as set forth in Article 14. All other hours paid for but not worked, including, but not limited to vacation, holiday, sick leave, on call time and compensatory time off shall not be counted as hours worked for overtime calculation.

12.5 - Non-Exempt Overtime. All work performed by Unit members listed in Article 12.2 in excess of forty (40) hours per week shall be paid at the rate of one and one half times (1-1/2) the employee's regular hourly base rate of pay, except for employees who choose to be compensated in additional compensatory time as outlined in Article 12.3. All overtime worked shall be authorized by a supervisor in advance of working overtime hours, if possible. Otherwise, the claim for overtime shall be subject to review by the Department Director.

12.6 - Non-Exempt On-Call Status. Only the employees listed in Article 12.2, the non FLSA exempt Unit members, shall be entitled to additional compensation for on call status. Unit members required to remain in an on call status shall, at employee's option, receive an additional eight (8) hours of compensatory time or pay at his/her regular rate for each week for such duty plus and additional one (1) hour for any week in which a holiday occurs. Unit members shall be entitled to receive the pro rata equivalent for any partial week.

When required to respond, Unit members shall receive, at employee's option, a minimum of two (2) hours of compensatory time or pay at his/her regular rate for any time worked during the first one (1) hour and compensatory time or pay at time and one-half (1-1/2) for each hour worked thereafter.

For purposes of this Article, Unit members shall be deemed to be in on call status only when all of the following conditions are met:

The appropriate Director has placed the employee in on call status by a notice in writing; 609
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The employee is required to respond to the City Yard or other designated location within a specified time not to exceed thirty (30) minutes; and,
While on call the employee is prohibited from engaging in any activity which may interfere with the employee's ability to respond to an emergency call and immediately commence the required job performance.

12.7 - CTO Cash-Out. In the event a Unit member terminates his or her employment, the City shall "cash out" the employee's accrued compensatory time. The employee shall be compensated for all such compensatory time at his/her then current, straight time rate of pay.

12.8 - Contract Overtime for Non-Exempt Employees. In assessing costs against such other agency for work performed by Unit members, the City shall assess compensation for such employee at the rate of one and one-half (1-1/2) times the regular rate of compensation. Represented employees shall receive in compensation the greater of that received from the third party agency for the employee's services or such compensation as he/she shall be otherwise entitled to under law and this MOU.

12.9 - Personal Leave. Unit members shall receive paid personal leave time accrued at a rate of

3.77 hours per pay period to compensate for time spent in excess of normal working hours in completing their responsibilities. This personal leave time shall be capped at a total of one hundred ninety-two (192) hours, at which time accrual shall cease until the unused balance of accrued time drops below the cap.
a) In the event a Unit member terminates his or her employment with the City, the employee shall be compensated for all accrued personal leave at his or her current rate of pay. b) Unit members may elect to receive cash in lieu of up to 60 hours of personal leave accrual each calendar year, subject to the terms and conditions set forth below. To receive cash in lieu of leave accrual, an employee must submit an irrevocable written election form no later than December 31st of the calendar year prior to the calendar year in which the employee wishes to receive cash in lieu of leave. The cash in lieu will be payable in the last pay period of November the following calendar year. Only leave hours already accrued in the calendar year for which an election is made may be cashed out. Cash-outs for leave hours accrued in a prior calendar year are not allowed. If a Unit member for any reason would not have accrued the full amount elected for cash-out during the current year, the cash-out amount will be reduced accordingly. Employees may choose to have the cash-out amount made as an employee contribution to the 457 Deferred Compensation Plan, subject to the applicable elective contribution limits imposed by IRS regulations.

ARTICLE 13 - ACTING PAY AND PROMOTION PAY

13.1 - Unit members temporarily assigned by management to fill a vacancy in a higher classification, when the vacancy is created by a departure, or when the incumbent is absent in excess of twenty (20) work days, shall be compensated from the first day working such assignment, and consecutive days worked thereafter, at the lowest pay range of the incumbent which is at least five percent (5%) above the acting employee's normal rate of compensation while 610
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working in the higher classification. The conditions of this subsection are a prerequisite to the receipt of any higher acting pay. At such time as an employee is no longer performing work out of his permanent classification, he/she shall be compensated at his/her regular rate of pay for his/her permanent classification.

13.2 - Unit members promoted to work in a higher classification shall be paid five percent (5%) more than the employee received in the lower classification.

13.3 - Temporary assignments to perform work out of a Unit member's permanent classification shall be limited in duration to 960-hours in any one (1) year. A time extension to the temporary assignment beyond the initial six months may be made with the concurrence of the Union in writing.

ARTICLE 14 - PAY FOR JURY DUTY & COURT APPEARANCES
Any Unit member who shall be summoned for attendance to any court for jury duty during his/her normal working hours shall be deemed to be on duty and there shall be no loss of salary, but any jury fees received by him/her shall be paid into the City treasury. Any employee, who shall be called as a witness arising out of and in the course of his/her City employment, shall be deemed to be on duty and there shall be no loss of salary, but any witness fees received by him/her shall be paid into the City treasury. An employee absent as a witness in a private matter shall not be entitled to be paid during such absence, but he/she may, however, use vacation leave, holiday leave, personal leave or compensatory leave for such absence.

ARTICLE 15 - SAFETY, EQUIPMENT, AND TRAINING

15.1 - The City will provide Unit members safety equipment in accordance with California State Law. Effective the first full pay period in January, 2013, and annually thereafter, the City shall provide a yearly boot/safety shoe allowance of two-hundred fifty dollars ($250) to each employee who is required, by nature of his/her work to wear a specific type/style of shoe or boot.

An approved shoe/boot is one which meets the minimum standards as determined by the department head. Departmental standards shall not be less than those which may be required by CAL/OSHA. Employees shall wear approved shoes/boots during working hours where required by work conditions.

15.2 - The City shall reimburse Unit members the reasonable replacement value of personal property destroyed in the course and scope of their employment. The employee shall make application for reimbursement by presenting to the appropriate supervisor the damaged or destroyed article. Personal property subject to this provision consists of personal property necessary to fulfill the employee's job duties and that is approved in advance for use on the job.

Replacement for prescription eyewear is limited to two-hundred dollars ($200) per pair per year.

Replacement for watches is limited to one-hundred dollars ($100) per year. Replacement of items will be secondary to any applicable insurance.
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15.3 - A Joint Safety and Training Committee shall be continued. a) Joint Safety and Training Committee. The Committee shall consist of an equal number of members appointed by the City and the Union. The Committee shall be advisory only. The Committee shall meet on a regular basis, but not less than once per quarter. The Union and City may agree to meet more frequently on a regular or special basis. The Committee may review work practices, training, procedures and rules and may recommend changes in the interest of health and safety. The Committee may review all serious accidents, injuries or fatalities, and include recommendations resulting from its review in the Committee's minutes.
b) Reporting. Minutes of all Committee meetings shall be posted on Union bulletin boards, with copies to the Human Resource Department and to the President of the Union, within five (5) working days after the Committee meeting. Specific questions submitted either to the Committees or by the Committees to City Management will be responded to within a reasonable time and the answers posted on Union bulletin boards. c) Findings. Proceedings of the Committee shall be completely independent of any disciplinary action and the Committee's findings shall not be entered into the record of any such disciplinary proceedings.

ARTICLE 16– MILEAGE, MEALS AND OTHER REIMBURSEMENTS

16.1 - Effective the first full pay period following Council approval of new MOU, the following listed Unit member classifications will be provided with a three-fifty ($350) per month vehicle allowance under this section. The City also provides employees with mileage reimbursements as provided in the Administrative Policy E-1 dated September 1, 2001, except that AP E-1 item C.4 was amended as follows: mileage for trips exceeding forty (40) miles round trip shall be reimbursable at the current IRS rate for total trip mileage that exceeds forty (40) miles, an employee may only request r eimbursement for expenses equal to or greater than twenty dollars ($20) and an employee must keep record of the mileage or aggregate from multiple trips to establish the twenty dollar ($20) minimum.

Administrative City Clerk Electric Engineering Supervisor Associate Civil Engineer Grants Program Manager
Associate Electrical Engineer Homeless Services Director Associate Planner Management Analyst
Associate Civil Engineer Planning Engineer
Assistant Planner Public Works Program Manager
Associate Electrical Engineer Power Resource & Revenue Administrator Business Support Manager Principal Civil Engineer
Capital Improvement Projects Manager Purchasing Manager CORE Manager Recreation Manager
Customer Service Supervisor Senior Planner
Customer Service & Billing Manager Senior Civil Engineer Economic Development Manager Transit Manager
Water/Wastewater Superintendent
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16.2 - The following listed Unit member classifications shall be provided with a City Vehicle for performing City business and travel to and from work:

City Engineer
Development Services Manager (CBO)
Electric Operations & Maintenance Manager
Fleet Manager
Public Works Superintendent
Streets/Parks Maintenance Manager
In the event the City vehicle is unavailable, then the employee shall receive a vehicle allowance or mileage, consistent with City policy. The City is currently working on a new and updated Vehicle Policy and the parties agree to meet and confer on such policy even to the extent that it changes the benefits provided in this Article.

16.3 - All Unit members receiving such vehicle allowance shall name the City as an additional named insured on any policy of insurance providing coverage for the vehicle used by the employee for the purposes set forth herein. Proof of current insurance shall be available upon request.

16.4 - Unit members assigned a take home vehicle shall be reimbursed for use of their own vehicle for authorized City business at the rate set by the Internal Revenue Service.

16.5 - Unit members shall be reimbursed for meals as per the Administrative Policies of the City and in compliance with IRS rules, whichever is more current.

16.6 - The City shall bear the full cost of any fidelity or other bonds required of Unit members under any law or ordinance.

ARTICLE 17 - TUITION, AND PROFESSIONAL TRAINING AND TRAVEL

17.1 - Qualifications. Maximum reimbursement to all permanent employee Unit members shall be four thousand five hundred dollars ($4,500) per fiscal year for tuition and required books related to classes qualified for tuition reimbursement. Tuition paid will be reimbursed for courses approved by the Department Head and taken in an accredited educational institution provided that:

The subject matter of the course relates to obtaining a degree, including prerequisites, or relates directly to and contributes toward the employee's position with the City.

The employee has received at least a competent proficiency rating on the last evaluation report.

The employee has furnished evidence that the course has been completed with at least a 'C' grade or "pass" grade, verified by Human Resources.

17.2 - Reimbursement.

Requests for reimbursement must be completed and returned to the Human Resources 613
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Department within three (3) weeks after receipt of course completion documentation. (No reimbursement will be made without bona fide receipts or documentation.) Reimbursements will be made only after proof of completion of course with minimum 'C' average or "pass" and satisfactory receipts of payment for tuition are approved by the Human Resources Department.

17.3 - Training. The City hereby agrees to pay, as outlined in Article 16, the travel and subsistence expenses of Unit members for professional and official travel, meetings, and occasions required to continue the professional development of Unit members and to adequately pursue necessary official and other functions of the City, including but not limited to annual state conference of the California League of Cities, and such other national, regional, state and local governmental groups provided it is budgeted in the annual operations budget. Time spent in City required and approved training or conferences, including travel time shall be included as time worked in accordance with FLSA standards. The City shall not pay for the costs incurred to meet minimum job requirements. Reimbursement for meals, lodging or travel are subject to IRS rules for reporting compensation through payroll or reimbursement through accounts payable.

17.4 – Tools. The City hereby agrees to finance at no interest the purchase of any job- related tools or equipment that serve the professional development of any Unit members over the term of this MOU. Such tools and equipment shall be approved in advance by the Human Resource Department. Repayment to the City by the Unit member shall be made by payroll deductions until the amount loaned is completely repaid. The maximum period for repayment shall be two (2) years.

ARTICLE 18 - SICK LEAVE

18.1 - Sick Leave Accrual. Unit members shall accrue three and sixty-nine hundredth (3.69) hours of sick leave per pay period. Sick leave shall accrue up to a cap of four hundred (400) hours.

Leave banks can be utilized for time off or for conversions per provisions in the MOU.

18.2 - Use of Sick Leave. Sick leave shall be granted only where consistent with the City's Sick Leave policy (currently AP-01), except as otherwise provided in the Family Medical Leave Act and Pregnancy Leave policies of the City (currently AP-02).

18.3 - Elective Sick Leave Cash Out
Unit members may elect to receive cash in lieu of up to 96 hours of sick leave accrual each calendar year, subject to the terms and conditions set forth below. To receive cash in lieu of leave accrual, an employee must submit an irrevocable written election form no later than December 31st of the calendar year prior to the calendar year in which the employee wishes to receive cash in lieu of leave.

The cash out must not reduce the employee’s available sick leave bank at the time of the cash-out below eighty (80) hours. The cash in lieu will be payable in the last pay period of November the following calendar year. Only leave hours already accrued in the calendar year for which an election is made may be cashed out. Cash-outs for leave hours accrued in a prior calendar year are not allowed. If a Unit member for any reason would not have accrued the full amount elected for cash-out during the current year, the cash-out amount will be reduced accordingly. Employees may choose to have the cash-out amount made as an employee contribution to the 457 Deferred Compensation Plan or to the Retiree Health Savings plan, subject to any applicable elective contribution limits imposed by 614
20 12508861.2 BA060-057
IRS regulations.

Sick Leave Upon Separation. Upon separation, service retirement, disability retirement, or termination, a Unit member shall be eligible to receive a cash payment for accrued sick leave in the "Banks" in an amount equivalent to straight time, to a maximum of ninety-six (96) hours. After ten (10) years of continuous City service, all hours accrued in the “Bank,” less the total hours cashed out in 18.3, shall be eligible for conversion to cash in an amount equivalent to thirty percent (30%) of such unused sick leave. After twenty (20) years of continuous City service, a represented employee shall be eligible to convert to cash an amount equivalent to fifty percent (50%) of all unused sick leave.

Such reimbursement to be computed based upon the employees' final compensation rate. (See AP01.) Sick Leave Conversion. Beginning with the eleventh (11) year of City service, Unit members may convert the value of the total amount of their sick leave bank minus forty (40) hours to either Deferred Compensation or the Retiree Health Savings via an irrevocable election. Conversion forms are due no later than November 1st of the eleventh year of service. The irrevocable option will be converted the following calendar year in the pay period that includes January 1st.

18.4 - Bereavement. All Unit members covered by this MOU are granted bereavement leave.

In the event of the death of a member of their family, including spouse, domestic partner, mother, father, brother, sister, child, stepchild, grandchild, or grandparent of the employee or any one of the same relatives of the employee's spouse or domestic partner, the employee shall be allowed f i v e d a y s , thirty (30) hours of w h i c h a r e w i t h p a y , bereavement leave for each death of a family member. For the unpaid time between the 30 hours and five days, an employee may use vacation, compensatory time, sick leave, or any other paid leave that would otherwise be available. In the event of the death of a spouse or multiple family deaths occurring within a twenty-four (24) hour period, the employee shall be allowed forty (40) hours of bereavement leave.

18.5 - Bereavement- Use of Leave Balances. In addition to the foregoing bereavement leave, the Unit member may also utilize up to twenty (20) hours from accrued sick leave, if there is a death of a family member and up to forty (40) hours from accrued sick leave in the event of the death of a spouse or multiple family deaths. If the employee has insufficient accumulated sick leave to exercise this option, then the employee may utilize accrued vacation, or compensated time off for the additional bereavement leave.

18.6 - Administrative Leave. Employees will be granted paid time off based on their regular work schedule. Employees will be compensated for holidays while they are on paid administrative leave.

ARTICLE 19 - VACATION AND HOLIDAY LEAVE.

19.1 - Vacation Leave Accruals. Unit member vacation leave shall accrue in accordance with the following schedules:
(a) One (1) through four (4) years of service:

Ten (10) eight (8) hour days per year = three and eight hundredth (3.08) hours per pay period
(b) Beginning the fifth (5th) year through the ninth (9th) year:
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Fifteen (15) eight (8) hour days per year = four and sixty-two hundredth (4.62) hours per pay period
(c) Beginning the tenth (10th) year & thereafter:

Twenty (20) eight (8) hour days per year= six and fifteen hundredth (6.15) hours per pay period

19.2 – Maximum Vacation Leave Accrual. Vacation leave may be accrued to a maximum of threehundred twenty (320) hours. If an employee has accumulated the maximum allowed under this Article, said employee will receive no further vacation leave accruals until said employees uses a portion of his/her vacation leave and his/her vacation leave accruals have been reduced below the maximum.

There shall be no retroactive receipt of any vacation leave lost as a result of this Article.

19.3 - Vacation Leave Approval Required. Vacation leave may be taken with approval of the employee's supervisor, and as otherwise consistent with the policies of the City. Vacation leave may be taken at any time after six (6) months of City employment. Vacation leave taken shall not be in excess of that actually accrued at the time such vacation leave is taken. Vacation leave must be approved a minimum of fourteen (14) days in advance of the first day of such vacation. Exceptions may be made to the fourteen (14) day notice requirement for emergencies or at the discretion of the employee's supervisor.

19.4 - Vacation Leave Payment upon Termination. Any Unit member who has been in continuous full-time service of the City for a period 960 hours, who is about to. terminate his or her employment, and has earned vacation leave to his/her credit, shall be paid for such vacation leave within one payroll period of the effective date of such termination.

19.5 – Elective Vacation Leave Cash Out. Unit members may elect to receive cash in lieu of up to 80 hours of vacation leave accrual each calendar year, subject to the terms and conditions set forth below.

To receive cash in lieu of leave accrual, an employee must submit an irrevocable written election form no later than December 31st of the calendar year prior to the calendar year in which the employee wishes to receive cash in lieu of leave. The cash out must not reduce the employee’s available vacation leave bank at the time of the cash-out below eight (80) hours. The cash in lieu will be payable in the last pay period of November the following calendar year. Only leave hours already accrued in the calendar year for which an election is made may be cashed out. Cash-outs for leave hours accrued in a prior calendar year are not allowed. If a Unit member for any reason would not have accrued the full amount elected for cash-out during the current year, the cash-out amount will be reduced accordingly.

Employees may choose to have the cash-out amount made as an employee contribution to the 457 Deferred Compensation Plan, subject to the applicable elective contribution limits imposed by IRS regulations.

19.6 - Holiday Leave Accrual. The following holidays shall be granted to employees: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, J u n e t e e n t h , Fourth of July, Labor Day, Veteran's Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas and New Year’s Eve.

One (1) ten (10) hour floating holiday will be credited to Employee's Holiday Leave bank July 1st 616
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each year. Accrued floating holiday hours may be taken in one- hour increments. Leave balances must be used during the fiscal year or they will be cashed out according to Administrative Policy A-30.

Effective July 1
st
, 2013, all of a Unit member's existing holiday leave hours were moved to a new unique leave account bank. The cash value of any holiday leave hours in the unique leave account bank shall be equal to and, upon cash-out, remain at the employee's then current pay rate.

Upon termination, for any reason, the employee shall be entitled to one- hundred percent (100%) of the unused holiday leave on the books then existing, including in the unique leave bank account.

19.7 - Holiday Leave Approval Required. Holiday leave (section 19.6 (a) and (b)) other than City recognized holidays (City Hall closed) must be approved a minimum of fourteen (14) days in advance of the first day of such leave. Exceptions may be made to the fourteen (14) day notice requirement for emergencies or at the discretion of the Unit member's supervisor.

19.8 - Holiday Leave Payment Upon Termination. Any Unit member, who is about to terminate his/her employment, and has earned Holiday leave to his/her credit, shall be paid for such holiday leave within one payroll period of the effective date of such termination at the employee's then current rate of pay.

19.9 - Additional Holidays. If, during the term of this MOU, the City Council recognizes an additional Holiday for City employees, Unit members will be granted the holiday.

19.10 - Promotional Pay Out of Leave –When employees transfer/promotions occur between bargaining groups, the leave hours will be transferred and maintained by the employee, not cashed out.

ARTICLE 20 - CAFETERIA PLAN

20.1.1 – Pre-January 1, 2024 Benefits. Effective July 1, 2019, the cafeteria plan contribution will be increased by $50 to $1,400 per month, or $16,800 annually to each Unit member for the cafeteria benefits plan detailed in this section.

Said contribution shall first be used to provide for health insurance for the employee. Employee shall be covered by health insurance with a City approved health plan unless the employee provides proof to the City that employee is covered by another acceptable health plan as determined by the City's Human Resource Department.

The balance may be used for any of the following or any combination thereof:

1. Health insurance for employee's spouse and/or dependents;

2. Dental Insurance for employee, spouse and/or dependents;

3. Eye care plan for employee, spouse and/or dependents;

4. Deferred compensation programs;

5. Eye care plan for employee, spouse and/or dependents; and

6. Supplemental insurance options.
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a) Unit members may elect to receive ninety-two and five-tenths percent (92.5%) of the balance in cash as CalPERS non-includable taxable income.
b) The City will pay for life insurance in the amount of one-hundred fifty thousand dollars ($150,000) and the Unit member will pay the taxes on the portion of the premium attributable to coverage above fifty thousand dollars ($50,000). c) During the term of the MOU, upon written notice by the City, parties agree to reopen this Article and begin meeting and conferring no later than two weeks following such written notice.

20.1.2 – Benefits Effective January 1, 2024.

The parties have completed the above re-opener negotiations of this Article. The following is effective January 1, 2024. Accordingly, the above Pre-January 1, 2024 Benefits under 23.1.1 shall no longer be in effect as of January 1, 2024.
(a) Health Benefit Contributions and Benefit Money.
i. Healthcare Plan Contributions – Effective January 1, 2024, the City shall contribute for each employee who participates in a City Healthcare Plan a maximum amount up to the 2024 rates for mid-tier HMO Healthcare Plan (Blue Shield Access+), which are stated below.

BS ACCESS+
Single Employee $756.65
2 Party $1,513.30
Family $1,967.29
Beginning January 1, 2025 and annually thereafter on January 1, the maximum annual inflator for the City contribution increase is up to 2.5% above the maximum contribution amount for rates for mid-tier HMO Healthcare Plan (Blue Shield Access+ in 2024) of the prior year.
ii. In addition to the healthcare plan contribution, employees participating in the City Healthcare Plan shall receive the following amounts as cafeteria plan Benefit Money.

Single Employee $600
2 Party $250
Family $250
Employees may use the Benefit Money stated above for any combination of the following cafeteria plan benefits: (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Benefit Money is forfeited. *Because of requirements related to the 457 plan election, those employees who are currently contributing to their 457 plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only. 618
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Employees shall be responsible for paying any cost for the employee’s selected cafeteria plan benefits that exceed the City’s contribution described above. (b) Option to Opt-Out with Proof of Alternative Minimum Essential Coverage.

Employees who provide the City with reasonable evidence of alternative minimum essential coverage can decline, in writing, coverage under the City’s Healthcare Plans and will not receive any cafeteria plan contribution from the City.
i. Employees hired before July 1, 2024 may opt out and choose to receive a maximum cash out of $1,000 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Non-Medical Benefit Money is forfeited. ii. Employees hired after July 1, 2024 may opt out and choose to receive a maximum cash out of $500 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Non-Medical Benefit Money is forfeited.
*Because of requirements related to the 457 plan election, those employees who are currently contributing to their 457 plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only. iii. Eligible Opt Out Arrangement – The eligible opt out arrangement conditions that must be satisfied in order for an employee to receive cash for opting out of the City’s Healthcare Plan coverage are as follows:
a. The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California); b. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt out arrangement applies; c. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for applicable period.

Reasonable evidence may include an attestation by the employee; d. The employee must provide the evidence/attestation every plan year; e. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g., open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and 619
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f. The cash for opting out cannot be made if the City knows or has reason to know that the employee or the employee’s tax family member does not have alternative minimum essential coverage.

20.2 – IRS 125 Flexible Spending Plan (Cafeteria Plan). During the term of this MOU, the City shall maintain an Internal Revenue S e r v i c e ( I R S ) Section 125 p l a n which will allow Unit members to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses or both, as well as health and welfare insurance premiums, with the exception of disability insurance premiums.

20.3 - Eye Wear Reimbursement. The City will reimburse Unit members and/or their spouse & dependents a maximum combined total annual (per fiscal year) amount for all covered (employee/spouse/dependents) of three-hundred dollars ($300) for prescription eyewear every year from the date of last reimbursement.

ARTICLE 21 - LAYOFFS AND RE-EMPLOYMENT

21.1 - Purpose. The purpose of this Article is to provide a fair and equitable basis for the reduction of full-time classified personnel due to insufficient work or funds.

21.2 - Reasons f or Layoff. The City retains the right to determine when a lack of work or lack of funds condition exists. Lack of work means that a category of work effort within the City can be fulfilled with fewer employees at an acceptable level of service. Lack of funds means that the City cannot sustain operations at the current level of employment within the funding available.

21.3 - Notice of Layoff. Any layoff initiated under the provisions of this MOU can take place at any time during the year. The City shall notify the affected Unit members in writing at least sixty (60) calendar days prior to the employee's last day of work. The City reserves the right to pay the employee for such sixty (60) day period or any remaining portion thereof, and to require the employee to immediately vacate City property. A copy of any notice will be forwarded to the appropriate Union representative. Any notice of layoff shall specify the reason for the layoff and effective date. The form, procedure and timing of such notice shall be subject to the established Grievance Procedure, provided however, that the City's decision to layoff is not subject to the Grievance Procedure. The date of layoff shall not be delayed by the pendency of a grievance.

21.4 - Order of Layoff. Any layoff shall be effective within classes determined by the City. The order of layoff shall be based on the City Manager's evaluation of critical position function and seniority measured as the length of uninterrupted service within the class as measured to the date of the layoff notice.

21.5 - Equal Seniority. If two (2) or more employees subject to layoff have equal class seniority, then the determination as to who has seniority shall be based upon total length of uninterrupted service with the City

21.6 - Re-Employment Rights.

Any Unit member who has been given a written notice of layoff may compete for any open position for which he or she is qualified. The City will make reasonable efforts to notify the affected 620
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employee of any position that is open or any future position that is opening for the Unit member's consideration. The Human Resource Department shall receive and date the resume/application and set up testing for the Unit member who is qualified for that position. The Unit member shall compete with any other laid off employee who also qualifies for that position. A Unit member that has been laid off and is qualified shall compete for the position that has opened or that is opening prior to it being open to present employees or to the public.

Unit members who have been laid off or reduced in classification under the provisions of this Article shall be placed upon reemployment lists for a period of two (2) years, or until they are reemployed with the City, whichever occurs first. For purposes of this section, "reemployment" means any full-time employment with the City. Employees on a reemployment list shall have hiring preference for vacancies in their original classifications in order of their respective seniorities within those classifications, with the most senior employees having first preference. Employees on such reemployment lists shall also have preference over new hires in applying for vacancies in bargaining unit classifications other than those from which they were laid off, and according to the City's usual and customary hiring practices.
(c) This Article shall be implemented consistent with the provisions of Administrative Policy AP10.

ARTICLE 22 - GRIEVANCE PROCEDURE

22.1 - FLSA Applicability. As to all Unit members, no discipline may be imposed except as consistent with FLSA rules for the applicable class of exempt employee.

22.2 - Grievable Matters. Any permanent employee in the Unit who has a grievance based upon his/her demotion, dismissal, reduction in pay, improper treatment, violation of the personnel ordinance or salary resolution, shall be entitled to have the matter reviewed through the following grievance procedure outlined in this Article. This right shall not extend to complaints concerning Performance Evaluation forms.

22.3 - Informal Step. An attempt shall be made to ascertain all facts and adjust such grievance on an informal basis between the Unit member and, if he/she desires, his/her representative, and the immediate supervisor. Presentation of such grievance shall be made within fourteen (14) calendar days of the incident causing the grievance, or the date on which the employee first became aware of it.

22.4 - Step One. If the grievance is not adjusted to the satisfaction of the Unit member under the procedures set forth in Sections 22.3 above, the employee or his/her representative may submit the grievance, in writing, to their department head, within fourteen (14) calendar days after the completion of the last step under paragraph 23.3 above. The department head and a representative of the Human Resources department shall meet with the employee and his/her representative if applicable, within fourteen (14) calendar days of receipt of such written grievance, and the department head shall deliver a decision in writing, to the employee, along with the reasons for such decision, within fourteen (14) calendar days after the meeting. 621
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22.5 - Step Two. If the grievance is not adjusted to the satisfaction of the employee under the procedure set forth in Section 22.4 above, the employee or his/her representative may submit written notice to the City Manager within fourteen (14) calendar days after the completion of the last step under paragraph 22.4 above of his/her intent to submit the matter to advisory arbitration.

The procedures set forth below shall be followed.
a) Within seven (7) calendar days of receipt of the written notice, the parties shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. b) Within fourteen (14) calendar days of receipt of the list of arbitrators the City and the Union shall attempt to reach an agreement on an arbitrator. Failing to agree on an arbitrator, the Union and the City shall take turns striking the names or arbitrators from the FMCS list until one (1) name remains. The Union shall strike the first name. c) The parties shall contact the arbitrator to arrange for a mutually convenient time and date for the advisory arbitration hearing.
d) The cost of the arbitrator shall be split equally by the City and the Union. e) All arbitration proceedings shall be recorded. The arbitrator shall be required to provide both parties with a decision and with written findings of fact in support of the decision. The arbitrator’s decision shall be consistent with and supported by the substantive law.

22.6 - Step Three. Within seven (7) calendar days after the Union and City receive the advisory arbitrator's recommendation, either party may submit written argument whether the arbitrator's opinion should be accepted, rejected or modified. Within fourteen (14) calendar days after the seven (7) day period above has expired, the City Manager shall advise the Union and the department head whether the City Manager is accepting, rejecting, or modifying the recommended decision. The decision of the City Manager shall be final and binding.

22.7 - Time Extensions. The above time limits may be changed by mutual agreement.

ARTICLE 23- SAVINGS CLAUSE
If any of the provisions contained in this MOU are determined to be unlawful, then only such provision(s) shall be deleted from this MOU with the remainder of this MOU remaining in full force and effect Upon the issuance of a decision by a Court of Competent Jurisdiction declaring any section of this MOU to be unlawful, unenforceable, unconstitutional, or not applicable, the parties agree to meet and confer as soon as possible concerning only those sections.

ARTICLE 24 - COMPLETE AGREEMENT
Anything contained herein to the contrary notwithstanding, during the meeting and conferring resulting in this MOU, the City and the Union each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter as to which the Meyers-Milias-Brown Act imposes an obligation to meet and confer. Except as specifically set forth elsewhere in this MOU, the City expressly waives its right to require the Union meet and confer, and the Union expressly waives its right to require the City to meet and confer, over all matters as to which the 622
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Meyers-Milias-Brown Act imposes an obligation to meet and confer, whether or not: (a) such matters are specifically referred to in this MOU; (b) such matters were discussed between the City and the Union during the negotiations which resulted in this MOU; (c) such matters were within the contemplation of or knowledge of the City or the Union at the time this MOU was negotiated and executed. This MOU contains the entire understanding, undertaking, and agreement of the City and the Union, after exercise of the right and opportunity referred to in the first sentence of this Article, and finally determines all matters of meeting and conferring for its term. Changes in this MOU, whether by addition, waiver, deletion, amendment, or modification, must be reduced to writing and executed by both the City and the Union.

ARTICLE 25 - RATIFICATION AND EXECUTION
This MOU has been developed as a result of meet and confer sessions between authorized representatives of the City and the Union regarding issues related to wages, hours and other terms and conditions of employment. The City's representatives and the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Banning and have agreed that the parties hereto will jointly urge said Council to adopt this MOU as a new wage and benefit resolution which will provide for the changes contained in said joint recommendation. The parties hereto acknowledge that this MOU shall not be in full force and effect until adoption by the Banning City Council.
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IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THEIR SIGNATURES TO BE AFFIXED THIS ___ DAY OF ______________, 2024.

Teamsters Local, 1932
Date: ____________, 2024
By:

Doug Martinez, Business Agent Brandon Robinson, Employee Representative Emery Papp, Employee Representative
Carla Young, Employee Representative

CITY OF BANNING REPRESENTATIVES
Date: ____________, 2024
By:

Doug Schulze, City Manager Lincoln Bogard, Administrative Services Director Nicole Jews, Human Resources Manager
Arturo Vela, Public Works Director
Attest:

By: _________________________
City Clerk
DocuSign Envelope ID: F4C439B1-1E4F-4015-934E-2B3B364DD3C7 July 2
624

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Perry Gerdes, Water/Wastewater Superintendent Art Vela, Director of Public Works
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-06 UA, Adopting the City of Banning's Sanitary Sewer Management Plan
RECOMMENDATION:

Adopt Resolution 2024-06 UA.

BACKGROUND:

On July 14, 2009 the City Council adopted Resolution 2009-56 for the City of Banning Sanitary Sewer Management Plan per the State of California Water Resources Control Board ("State Board") Order No. 2006-0003-DWQ ("Order"). The Order contained Statewide General Waste Discharge Requirements (GWDR) for sanitary sewer systems to follow. The State Board the Order and issued Order 2022-0103- DWQ which became effective June 5, 2023. The City submitted an application package requesting regulatory coverage on July 6, 2023 and received confirmation of new regulatory coverage effective August 9, 2023. This new coverage gave requirements to comply by certain dates including a requirement to develop, certify and upload an updated Sewer System Management Plan (SSMP).

The goal of the GWDR is to eliminate the occurrence of preventable sanitary sewer overflows by requiring public agencies to develop and implement written programs that improve the effectiveness and sustainability of existing sewer systems. Currently, the City has an existing SSMP in place but does not meet the new Board Order requirements. As part of the Order 2022-0103-DWQ, the City is required to have the new SSMP adopted by the governing body prior to August 9, 2024.

Therefore, staff worked with a consultant to produce an updated document for the City of Banning. A copy of the document is attached to this report.

JUSTIFICATION:

On August 9, 2023 State Water Resource Control Board approved the application package from the City of Banning for the New Regulatory Coverage; Statewide Sanitary Sewer Systems General Order 2022- 0103-DWQ. The order contains statewide General Waste Discharge Requirements that the City of Banning must meet to remain in compliance with the order including the adoption of an updated SSMP.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of Resolution 2024-06 UA.

ALTERNATIVES:

Do not approve Resolution 2024-06 UA and provide alternative direction to staff. Not approving Resolution 2024-06 UA would likely result in non-compliance with Order 2022-0103-DWQ. 625
ATTACHMENTS:

1. Resolution 2024-06 UA, Sanitary Sewer Plan.docx

2. SSMP - FULL.pdf

3. Order 2022-0103-DWQ.pdf
626
Resolution 2024-06 UA

RESOLUTION 2024-06 UA

A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA, ADOPTING THE CITY OF BANNING’S SANITARY SEWER MANAGEMENT PLAN WHEREAS, the City of Banning owns and operates a public sewer system; and WHEREAS, on August 9, 2023, the State Water Resources Control Board issued Order 2022-0103 DWQ which became in effect June 5, 2023; and
WHEREAS, on July 6, 2023 the City received confirmation of new regulatory coverage effective August 9, 2023; and
WHEREAS, the goal of the General Waste Discharge Requirements is to eliminate the occurrence of preventable sanitary sewer overflows by requiring public agencies to develop and implement written programs that improve the effectiveness and sustainability of existing sewer systems; and
WHEREAS, Order 2022-0103 DWQ requires that the City update and adopt the City’s Sanitary System Management Plan (SSMP).

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

SECTION 1. The Banning Utility Authority adopts the Sewer System Management Plan.

SECTION 2. The Banning 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.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024.

Alberto Sanchez, Chairperson
Banning Utility Authority
ATTEST:

Caroline Patton, Secretary
Banning Utility Authority
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Resolution 2024-06 UA