RESOLUTION 2025-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE CUSTODIAL SEVICES AGREEMENT WITH EXECUTIVE FACILITES SERVICES IN THE AMOUNT OF $224,512 FOR FISCAL YEAR 2025/2026 CUSTODIAL SERVICES AT CITY FACILITIES
WHEREAS, on May 23, 2023, Resolution 2023-92 was approved awarding a Custodial Services Agreement to Executive Facilities Services (EFS) in the amount of $184,752.42 with the option to renew for four (4) additional single year periods; and WHEREAS, on June 11, 2024 Amendment No. 1 was approved increasing the monthly custodial services agreement for FY 2024/2025 in the amount of $221,493; and WHEREAS, under approval of this resolution, Amendment No. 2 will increase monthly costs for FY 2025/2026 in the amount of $224,511.56 which includes $5,000 for additional services and supplies as needed; and
WHEREAS, the total agreement amounts to $630,756.42; and WHEREAS, operational costs have been included in the budget Building Maintenance Fund, Account 704-3200-412.33-15 and funds will be distributed to the appropriate area via an interfund transfer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Amendment No. 2 to the City Properties Custodial Services Agreement with Executive Facilities Services in the amount of $224,512 for Fiscal Year 2025/2026.
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. City Council authorizes the City Manager to make necessary non-substantive changes and to execute Amendment No. 2 with Executive Facilities Services for Fiscal Year 2025/2026.
SECTION 4. 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.
PASSED, APPROVED AND ADOPTED this 27th day of May 2025.
Sheri Flynn, Mayor
City of Banning
950
Resolution 2025-75
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
951
Resolution 2025-75
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-75, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of May 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
952
Resolution 2025-75
Exhibit A
Amendment No. 2 with Executive Facilities Services
FY 2025/2026 Custodial Services at City Facilities
953
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.
THIS AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 2”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.
RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.
B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated June 11, 2024 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.
C. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.
1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Two Hundred Twenty-Four Thousand Five Hundred Eleven Dollars and Fifty-Six Cents ($224,511.56) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Six Hundred 954
Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42).
1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.
1.4 Exhibit C-1 to the Agreement is hereby amended to include sites and rates as set forth in Attachment 1, attached hereto and incorporated herein.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement as amended by Amendment No.1, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 2.
2.3 Authority. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 2 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 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.
[SIGNATURE PAGE FOLLOWS]
955
The Parties are signing this Amendment No. 2 on the date stated in the introductory clause.
CITY OF BANNING CONTRACTOR
Robert Fisher,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
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 CONTRACTOR’S BUSINESS ENTITY.
956
ATTACHMENT 1
957
Building
Current Monthly
Rate Increase Amount New Rate
City Hall $ 4,048.78 $ 102.43 $ 4,151.21
City Yard $ 2,834.17 $ 71.70 $ 2,905.87
Police Dep. $ 5,262.93 $ 133.15 $ 5,396.08
Fleet Management $ 405.26 $ 10.25 $ 415.51
Water Shop $ 728.28 $ 18.43 $ 746.71
Community & Senior Center $ 535.90 $ 13.56 $ 549.46
Lions Park $ 486.22 $ 12.30 $ 498.52
Repplier Park $ 486.22 $ 12.30 $ 498.52
Roosevelt Park $ 486.22 $ 12.30 $ 498.52
Sylvan Park $ 486.22 $ 12.30 $ 498.52
Total Current Rates
Total Increase
Amount / Month New 2026 Rates
$ 15,760.20 $ 398.73 $ 16,158.93
Building
Current Monthly
Rate Increase Amount New Rate
City Hall $ 534.68 $ 13.53 $ 548.21
City Yard $ 374.26 $ 9.47 $ 383.73
Police Dep. $ 695.03 $ 17.58 $ 712.61
Fleet Management $ 53.47 $ 1.35 $ 54.82
Water Shop $ 96.19 $ 2.43 $ 98.62
Community & Senior Center $ 70.78 $ 1.79 $ 72.57
Lions Park $ 64.16 $ 1.62 $ 65.78
Repplier Park $ 64.16 $ 1.62 $ 65.78
Roosevelt Park $ 64.16 $ 1.62 $ 65.78
Sylvan Park $ 64.16 $ 1.62 $ 65.78
Total Current Rates
Total Increase
Amount / Month New 2026 Rates
$ 2,081.05 $ 52.65 $ 2,133.70
Janitorial Services
Supplies
958
AGREEMENT FOR CONTRACT SERVICES (C00845)
FOR CUSTODIAL SERVICES
By and Between
THE CITY OF BANNING,
A MUNICIPAL CORPORATION
and
EXECUTIVE FACILITIES SERVICES, INC.,
a California corporation
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 959
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AGREEMENT FOR CONTRACT SERVICES (C00845) FOR THE CITY-WIDE
CUSTODIAL SERVICES BY AND BETWEEN CITY OF BANNING AND
EXECUTIVE FACILITIES SERVICES, 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 EXECUTIVE FACILITIES SERVICES, 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 a Request for Proposals (RFP No. 23-023), the performance of routine custodial services for City facilities, as defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or 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” 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 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 Services required hereunder. 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.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 6/7/2023
960
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1.2 Order of Precedence.
The Scope of Services shall include the City’s Request for Proposals (“RFP”) and the Contractor’s Response to the City’s RFP (“Response”), which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of this Agreement and the RFP or Response, the terms of this Agreement shall govern, including but not limited to any insurance and indemnification language. In the event of any inconsistency between the terms of the City’s RFP and the Contractor’s Response, the City’s RFP shall govern.
Sections XXII (Withheld Contract Funds), XXVII (Payroll), XXIX (Labor Standards Provision), XXX (Labor Discrimination) and XXXII (Anti-Trust Claims) of the RFP are hereby deleted from the Scope of Services.
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 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra Services beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said Services. No such extra Services 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 $2,000.00; or in the time to perform of up to one hundred eighty DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 961
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(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.
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 “A” and “A-1”, and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty-Four Thousand Seven Hundred Fifty-Two Dollars and Forty-Two Cents ($184,752.42) (the “Contract Sum”).
2.2 Method of Compensation.
On or about the first of each month the Contractor shall submit an invoice and all reports required by this Agreement for Services performed in the prior month. (a) This invoice shall be in accordance with the Contract Sum and shall become the basis for payment.
(b) This invoice shall be subject to review and approval by the Public Works Director or designee.
(c) All submitted invoices, approved by the Public Works Director or designee, shall require four (4) weeks for processing by the City of Banning, Finance Department. (d) Any charges in the invoice not approved by the Public Works Director or designee shall not be paid by the City.
(e) Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2021, during the term of the Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index, as set forth over the previous available twelve (12) months prior to the date of adjustment.
(f) All Services are 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.
ARTICLE 3. TERM
3.1 Term.
The Term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Article 6 of this Agreement. The Parties, by mutual written agreement, may extend the Term of this Agreement for up to four (4) succeeding terms of one (1) DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 962
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year each. 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 on its behalf with respect to the Services specified herein and make all decisions in connection therewith.
Art Ojeda, Director of Operations
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 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.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 963
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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
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 language of this Article 5 supersedes any indemnity and insurance language in Exhibits A or A-1. The following policies of insurance are required:
(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 DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 964
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$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 $1,000,000 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.
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 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.
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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.
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.
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.
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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 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 DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 967
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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 Sufficiency of Insurer
Insurance 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 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 Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 968
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Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and
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 Services 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 Services 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 DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 969
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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.
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 Services 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 Services by Contractor shall not constitute a waiver of any of the DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 970
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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.
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 liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in Exhibit A, Section XX . 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 Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement 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 Agreement 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 Section 2.2 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.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 971
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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 Services 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.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 972
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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 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 DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 973
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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 Time is of the Essence. Time is of the essence in every provision of this Agreement in which time for performance is a factor.
9.7 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. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 974
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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 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.
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 6/6/2023
92504
54-2445448
6/7/2023
6865 Weaver St
Riverside, CA.
Jim Ferraro
OWNER
6/7/2023
6/7/2023
2023-092
975
Exhibit A -1
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
As specified in RFP No. 23-023.
II. Contractor will perform the services listed in RFP No.23-023 at the following rates:
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 976
Exhibit A-1 -1
EXHIBIT “A-1”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
As specified in the RFP 23-023 City-wide Custodial Services and Contractor Proposal attached hereafter:
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 977
EXECUTIVE FACILITIES SERVICES, INC.
B.Statement of Understanding and Approach
PROJECT SCHEDULE/IMPLEMENTATION PLAN
for Night Janitorial, Day Janitorial and Additional Services In order to fully develop our approach to servicing the City of Banning's facilities, EFS, Inc. will develop a Project Schedule/Implementation Plan. We have found this tool to be the most successful for ensuring excellent service for new and existing clients. The Project Schedule/Implementation Plan is adhered to by all members of our team. This Project Schedule/Implementation Plan was developed and has been tested by Jim Ferraro, Company Owner, who is actively involved in all aspects of the business. We view our Project Schedule/Implementation Plan as a "living document" that continues to evolve based upon our clients’ site-specific requirements.
All of our Operations Managers, Supervisors, site-specific lead employees, on-site employees, and support staff play a role in our Project Schedule/Implementation Plan. If EFS, Inc. is awarded the contract to provide janitorial services at all of the City of Banning's buildings, a detailed Project Schedule/Implementation Plan for each location will be developed. EFS, Inc.’s Project Schedule/Implementation Plan will strictly adhere to the scope of services that has been provided in the Request for Proposal for janitorial services for all the City of Banning's facilities.
The Project Schedule/Implementation Plan will also include the site-specific needs and/ or requirements that are identified during our initial site visits with a representative from the City of Banning in order to understand all needs. We have learned from experience that this additional information is vital to a successful startup of services and for a seamless start-up for our clients.
It all begins with an initial meeting with the appropriate City of Banning representatives and the EFS, Inc. management team to thoroughly review and discuss all aspects of the scope of services. If EFS, Inc. is awarded the contract, we will work closely with the City of Banning staff to ensure that each location has been thoroughly cleaned and disinfected nightly.
Our Project Schedule/Implementation Plan will enable EFS, Inc. to create a detailed plan for performing the janitorial services that are required as per the Request for Proposal and scope of services that has been provided by the City of Banning.
EFS, Inc. has reviewed the scope of work listed page 30 to 39 in the Request for Proposal in order to make a detailed schedule for each building. Through our 19 years of experience, this process allows us to monitor, schedule, and perform regular additional services effectively and with little interruption to our clients. Performing additional services at each location on a semi-annual schedule will provide the City of Banning with janitorial services that exceed their staff and residents’ expectations.
EFS, Inc. has performed similar services for cities like Thousand Oaks, Agoura Hills, Oxnard, and Costa Mesa. Each of our existing clients had detailed and itemized requirements in their scope of work which EFS, Inc. has responded to accordingly. Each of our clients has a city hall, council chambers, and water facility which required additional training and services to maintain and prepare the location for resident visibility.
6 EXHIBIT "A-1" EXHIBIT "A-1" - 2
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 978
EXECUTIVE FACILITIES SERVICES, INC.
(Continued)
EFS, Inc. has provided a detailed breakdown of the estimated crew size and hours for each location in the work schedule provided following this section. We will utilize this work schedule to coordinate what time our employees will be at each site, and utilize the scope of work to train each employee on what each of the daily, weekly, and monthly services are that need to be completed.
Utilizing time tested and proven quality control processes, EFS, Inc. will continually monitor our employees through day and night supervision to ensure that each service is completed to a standard above the current expectations. We have implemented time tracking through an app based system that gives a clear indication of when our employees are on site, and the duration of the time on site.
EFS, Inc. has perform an in-depth wage analysis for the City of Banning and its surrounding areas, and will be paying its employees servicing its sites at $16.50 per hour, one dollar above the State of California's minimum wage.
EFS, Inc. clearly understands the importance of providing thorough janitorial services for these locations and maintains the same attention to detail day in and day out to ensure that the City of Banning staff and citizens can be confident that the areas they are visiting have been cleaned properly.
Christian Ferraro, Operations Manager, will serve as the main point of contact for the City of Banning and its staff. Christian Ferraro will be supported by Jim Ferraro, our management team members, and our administrative staff throughout the life of the contract. Christian Ferraro possesses excellent communication skills, and he has learned that ongoing communication is one of the keys to success in the service industry. 7 EXHIBIT "A-1" EXHIBIT "A-1" - 3
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 979
EXECUTIVE FACILITIES SERVICES, INC.
CITY OF BANNING WORK SCHEDULE AND
CLIENT LIST
8 EXHIBIT "A-1" EXHIBIT "A-1" - 4
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 980
Building Name Address
Estimated Cleaning
Square Footage
1. Banning City Hall
(Civic Center)
99 E. Ramsey Street 20,600
2. Banning Police Department 125 E. Ramsey Street 28,000
3. City Yard 176 E. Lincoln Street 5,400
4. Fleet Maintenance Office 176 E. Lincoln Street 620
5. Water Shop 3333 Bluff Road 1,000
6. Community Center / Senior
Center
789 N. San Gorgonio
Avenue
8,800
7. Lion’s Park Restroom 955 South Hargrave
Street
200
8. Repplier Park Restroom 201 W. George Street 320
9. Roosevelt Williams Park
Restroom
1101 E. George Street 280
10. Sylvan Park Restroom 789 N. San Gorgonio
Ave.
240
Total Estimated
Cleaning Square
Footage:
65,460
The City is looking to contract for five (5) days a week custodial services for the City of Banning City Hall (Civic Center), City Yard, and Banning Police Department. as provided in the specifications. The Banning Water Shop will require three (3) days per a week custodial services only. The Community Center/Senior Center custodial services shall include quarterly floor and window cleaning per the specifications. The Park Restrooms require 3 days per week cleaning. All facilities are located in the City of Banning. A Building Location Map is attached.
SCOPE OF WORK AND SPECIFICATIONS:
The intent of these specifications is to secure a Contractor which shall provide COMPLETE CUSTODIAL SERVICES in a cost effective and professional
CITY OF BANNING SCOPE OF WORK
9 EXHIBIT "A-1" EXHIBIT "A-1" - 5
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 981
manner.
a. The Contractor shall supply all licenses, permits and fees necessary to complete work. The Contractor agrees to indemnify, defend and hold harmless the CITY OF BANNING for any and all loss, liability, damages, claims or demands of employees, agents and workers of the Contractor, or of all provisions hereof.
b. The Contractor shall furnish all labor, tools, materials, and equipment to provide custodial services as set forth in the specifications. c. The City shall provide trash liners and paper products; toilet tissue, seat liners, and paper towels, for the services set forth in the specifications. d. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Public Works Director or designee and comply with all legal generally accepted practices for custodial services. The premises shall be maintained at the level of service provided for in these specifications at all times.
e. The Contractor shall have the duty to provide complete custodial services of all work sites listed including, but not limited to duties listed in and any others added in the future. When additional services or portions thereof, are accepted by the City and become part of the custodial service contract, the City and Contractor shall negotiate a fair and reasonable cost to compensate the Contractor for the newly assigned work. f. Employees of the Contractor shall not disturb papers on desks, open drawers of cabinets, use telephones, radios or television sets or tamper with personal or City property. Employees of the Contractor shall report anything out of the ordinary, such as cracked windows. Employees of the Contractor shall call the Banning Police Department immediately when they observe anyone destroying City property either inside or outside the building. Upon leaving, when applicable, the employees of the Contractor shall see that all doors and windows so designated are locked, and lights so designated are turned off.
g. Coordination and Phasing – The Contractor shall hereby be made cognizant of the fact that the Council Chambers, meeting rooms, and, at times, conferences rooms and office spaces will be in use by employees and residents before or after normal working hours. All work shall be performed in a phased operation so that these meetings are not disrupted.
In no case shall work commence in an area occupied for meeting purposes. The City Hall Information Desk will supply the Contractor with LISTINGS of all scheduled meetings; however, department conferences and impromptu meetings are not scheduled and must be handled as they occur.
h. Personnel Attire – All employees shall be required to wear appropriate attire that readily identifies the individual as an employee of the Contractor. Additionally, the individual will wear a picture identification badge that identifies the individual and Contractor. All badges as required by this contract will be approved by the Public Works Director or designee 10 EXHIBIT "A-1" EXHIBIT "A-1" - 6
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 982
and be provided by the Contractor at the Contractor’s expense. i. SPECIAL CONDITIONS
i. The Contractor is to provide each of the items with the Bid Package as listed below:
1. Organizational chart including executives.
2. The contact of the assigned foreman or supervisor.
3. Current number of employees of the company.
4. Brief description of company personnel and training
procedures.
ii. Level of cleaning with frequency charts of each building. Service frequencies must be equal or exceed those specified.
iii. Inventory of all equipment and adequate cleaning supplies to be kept on the premises.
j. QUALITY CONTROL:
i. Inspection/Checklist:
1. The Contractor shall create and provide an
“Inspection/Checklist Form” for each facility location as approved by the Public Works Director or designee. The
Contractor’s personnel will use this form to reflect services performed and any exceptions to the requirements.
Additionally, both the Contractor’s Supervisor and Public Works Director or designee evaluating the effectiveness and adequacy of services performed, will use this form. This form will be completed daily and be maintained in the
Janitor’s closet in an appropriate binder. The Contractor will post a copy of the daily, weekly, monthly, quarterly, annual tasks as listed in these specifications in the Janitor’s closet.
A copy of the inspection/checklist will be forwarded to the Public Works Director or designee on a weekly basis.
2. Shift Log Sheet: The Contractor shall create a “Shift Log Sheet” for its personnel to sign in and out at each shift. The Shift Log Sheet shall be provided and maintained by the Contractor and located in the Janitor’s closet for each facility location.
3. Service Log Sheet: The Contractor shall create a “Service Log Sheet” which will be maintained and checked daily for customer requests at each facility location. Items requiring completion will be so noted at the end of each shift.
k. The Janitor’s closet will be kept in a neat, clean and orderly condition at all times, and securely locked when not in use. The Janitor’s closet will be stocked with ample consumable items at all times. The Contractor will complete the “Inspection/Checklist”, “Shift Log Sheet” and “Service Log Sheet” daily and file it in an appropriate binder located in Janitor’s closet. l. Requirements Subsequent to Contract Execution – The Contractor is hereby required to conform to the following:
i. The Contractor shall furnish all labor, cleaning materials and 11 EXHIBIT "A-1" EXHIBIT "A-1" - 7
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equipment necessary to perform the specified work, with the exception of owner consumable items such as toilet paper, paper towels, hand soap refills for dispenser units, sanitary napkins, toilet seat covers and waste container liners. The Contractor shall be responsible to secure City supplied items and refill all containers and dispensers. The Contractor may propose as an alternative option the cost of these consumable items. This alternative proposal will include the individual cost of each item being proposed.
ii. The Contractor’s equipment shall be new or in the best maintained working order for its intended function. Hepa type filtered vacuum cleaner must be used for all facilities. Equipment, which is faulty or does not perform to the satisfaction of the City, shall be replaced.
Contractor equipment and supplies shall be stored only in the areas designated by the City.
m. The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification.
n. The Contractor will maintain photo identification badges for all individuals performing services under the said contract identifying the company’s name, individual’s name, title of the individual, and a picture image of the individual. Background checks and clearance will be performed by the contractor in a manner approved by the City and maintained in a binder utilized by the Contractor to log in and log out at each location. Badges and background check to be approved by City staff will be provided at the contractor’s expense.
III. SPECIFICATIONS - FREQUENCY OF SERVICE:
The following is an itemized list by area of cleaning activities required five (5) times per week for the Civic Center, City Yard, and Police Department facilities, Monday through Friday. The Water Shop and Park Restrooms require cleaning activities (3) times per week to occur on Monday, Wednesday and Thursday of each week unless otherwise agreed upon by the Contractor and City. a. GENERAL Procedure – ALL AREAS – DAILY
i. Empty all desk and area trash and recycling container bins; materials shall not be comingled.
ii. Replace container liners as required.
iii. Sweep all composition floors with chemically treated dust mops. iv. Sweep all bar contrite floors with sweeping compound. v. Spot mop or clean spillage on floors, bare concrete, vinyl-tile, or carpet.
vi. Spot clean interior office window as needed or requested. vii. Remove all graffiti from walls and furniture. Notify the Director of Public Works or designee of any graffiti that cannot be removed with normal graffiti removal cleaning solutions.
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viii. Maintain custodial closets and storage areas clean and orderly. ix. Disinfect all doorknobs / handles throughout City facilities. x. Secure all exterior doors and turn off all but security night lighting when applicable.
NOTICE: Under no circumstances shall any papers, books, documents or equipment be touched, moved or displaced.
SPECIAL NOTE: Any suspiciously important envelope or other material found in the trash or recycling containers or on the floor shall be left in the area with a note.
b. RESTROOMS – DAILY
i. Empty all trash containers, replace all liners.
ii. Wash all consumable product containers.
iii. Refill all consumable products with City-furnished supplies. iv. Sweep floor clear of all debris.
v. Damp mop and disinfect all resilient and ceramic floors. vi. Wet wipe and disinfect toilet partitions with a cleaning and sanitizing solution.
vii. Empty and sanitize all sanitary napkin disposal units. viii. Clean and polish all vitreous fixtures, including toilet bowls, tanks, urinals, and hand basins; clean tile and tile flooring in men’s shower/restroom with a cleaning and sanitizing solution. ix. Clean and disinfect all flush rings, drain and overflow outlets. x. Clean and disinfect tops and underside of toilet seats. xi. Clean and polish all chrome fittings.
xii. Clean and polish all glass and mirrors.
xiii. Clean splash marks on walls adjacent to or over sinks. xiv. Remove spot, stain, and splash marks and all graffiti from walls and partitions. (Notify the City’s Public Works Director or designee of any graffiti that cannot be removed with normal graffiti removal solutions.)
xv. Dust metal partitions, wet wipe and clean both sides of restroom entry doors.
xvi. Remove fingerprints from glass, doors, door frames, and light switches.
xvii. Report any or all water leaks, plugged lavatories, etc., to the Public Works Director or designee.
c. ALL AREAS – WEEKLY
i. Dust all high and low horizontal surfaces, including sills, ledges, moldings, shelves, locker tops, frames and file cabinets. 13 EXHIBIT "A-1" EXHIBIT "A-1" - 9
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 985
ii. Empty all recyclable bins or as needed and place in recyclable bin.
Contractor shall not commingle recyclable material with trash. iii. Damp wipe plastic and leather furniture.
iv. Remove fingerprints from glass partitions, metal door frames and light switches in office areas.
v. Clean and polish bright metal to 70” height.
vi. Clean and sanitize waste containers in restrooms and break areas. vii. Clean the interior of the microwave oven, toaster, and conventional stove in the employees’ kitchen/lunchroom area.
viii. Enzyme clean all floors and walls.
ix. Disinfect all doorknobs.
x. Empty and wipe clean all desk and counters.
xi. Vacuum all carpeting with attention to high use areas. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
xii. Spot clean carpeting.
xiii. Spot mop or clean spillage on floors, bare concrete, vinyl-tile, or carpet.
xiv. Clean ducts and soft buff all counters, tables, chairs and furniture. xv. Spot clean to remove fingerprints from glass and metal doorframes of entry doors and wall switches; including all conference rooms. xvi. Clean customer service windows.
xvii. Clean, sanitize and polish all drinking fountains. xviii. Clean interior and exterior of all glass panel doors and windows. xix. Perform low dusting, defined as floor level to five feet above floor, including base molding or top set, sill ledges, chair and personnel rails, partitions, chairs, tables, desks, telephones, filing cabinets, and all office furniture.
xx. BI-WEEKLY- Polish buff hard and resilient floors in traffic areas.
REMOVE HEEL MARKS.
d. ALL AREAS – MONTHLY
i. Clean entire interior/exterior glass partitions and metal doorframes. ii. Thoroughly wash all restroom floors and detail corners to remove residual buildup.
iii. Clean entire desktops in a manner that does not disturb papers, folders, files, binders, etc.
iv. Dry dust wood paneled surfaces.
v. Remove dust and cobwebs from ceiling areas; vacuum all ceiling vents, taking care to not move directional vents.
vi. Spray buff entire resilient and hard surface floor areas. vii. Spot clean all carpeted areas.
viii. Detail vacuum carpet edges and under desks and office furniture.
The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
ix. Completely clean the entire interior of the refrigerator. A “Notice” shall remain posted on the refrigerator at all times of the day of 14 EXHIBIT "A-1" EXHIBIT "A-1" - 10
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clean up. Therefore, any items such as expired food, containers, etc., within the refrigerator shall be discarded by the Contractor.
The City shall notify staff internally and provide ample notice to them. The contractor shall notify the Public Works Director or designee one (1) week in advance of the cleaning or a set day of the month shall be determined. Any items labeled “Keep” by its owner shall remain after cleaning.
e. ALL AREAS – QUARTERLY
i. Clean windows, interior and exterior including all windows that are located in high spaces.
ii. Clean and polish office furniture.
iii. Damp clean diffuser outlets in ceiling and walls.
iv. Dry clean area adjacent to diffuser outlets.
v. Wash all waste baskets.
vi. Dust Venetian blinds.
vii. Spray buff resilient and hard surface floors. Apply floor finish and ensure that all floors maintain a shine leaving no residual floor finish.
viii. Completely clean the entire interior of the freezer portion of the refrigerator and discard all food items not labeled “keep” by its owner. Provide at least a two week notice to staff and post a notice of the date of cleaning. If additional cleaning is required, the Contractor will be notified.
ix. Wash and sanitize chairs and tables in employee break rooms and conference rooms located in all buildings.
x. Wash and sanitize metal partitions and wall surfaces in all restrooms.
f. SEMI-ANNUAL REQUIREMENTS
i. Clean and polish all baseboards.
ii. Dust lighting fixtures
iii. Damp clean lobby and reception chairs.
iv. Move all furniture, deep clean all carpeted surfaces using a water extraction method.
v. Move all furniture, strip, wash and machine polish resilient and hard surface floors.
vi. Steam clean showers and shower drainage trough.
g. ALL AREAS – ANNUALLY
i. Clean and polish baseboards.
ii. Dust lighting fixtures.
iii. Damp clean lobby and reception chairs.
iv. Move all furniture, deep clean all carpeted surfaces using a water extraction method.
v. Move all furniture, strip, wash and machine polish resilient and hard surface floors.
vi. Steam clean showers and shower drainage trough.
h. AREA SPECIFIC REQUIREMENTS
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DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 987
i. LOBBY AREAS AND MAIN CORRIDORS
1. Daily spot cleaning of all glass, metal doorframes; interior and exterior, and main entrance door passageways/lobby
area.
2. Daily remove all trash and place in bins at pickup area.
3. Daily clean and sanitize drinking fountains in the
lobby/restroom areas.
4. Weekly dust mop/vacuum floor areas. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
5. Weekly damp mop resilient tile.
6. Monthly wash all glass partition, interior and exterior, and metal doorframes of passageway/front lobby entrance area.
7. Quarterly deep clean all high-traffic and carpeted areas. ii. COUNCIL CHAMBER AND ADJACENT MEDIA ROOM AND
CORRIDORS
1. Weekly dry wipe and buff microphones with extreme care.
2. Weekly clean stage chairs.
3. Monthly vacuum Council Chambers Media Room and clean glass window.
4. Monthly wash interior and exterior glass partition and metal doorframes in east entry lobby area.
5. DO NOT CLEAN any electronic buttons, switches or gears.
6. Quarterly deep clean all high-traffic and carpeted areas. iii. PRIVATE OFFICE AREAS (i.e. City Manager, Directors, City Council Members Office)
1. Daily empty all trash and recycle containers; materials shall not be comingled, and liners shall be replaced as required.
2. Weekly dust and wipe clean desks and counters. Contractor shall not disturb paper, binders, folders etc.
3. Weekly vacuum carpet floor, as needed, minimum once a week. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
4. Monthly clean glass window interior.
iv. EMPLOYEE BREAK ROOMS AND KITCHENS
1. Daily empty, wash, disinfect and replace liners in all trash containers and place trash in bins at pickup area.
2. Daily empty, wash and disinfect all recycle containers in a manner that does not commingle recyclable materials with trash.
3. Daily clean and disinfect all counter tops, tabletops, and interior of sink.
4. No cleaning of dishes, silverware, or coffeepots will be required.
5. Do not clean coffee machines. Leave machines plugged in 16 EXHIBIT "A-1" EXHIBIT "A-1" - 12
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and in the same “on” or “off” position as left by staff, unless an empty coffee pot has been left on top of any “on”
element, then it shall be removed and set aside.
6. Weekly clean exterior of all appliances; refrigerator, conventional oven, microwave oven, and toaster oven in the employee kitchen/lunchroom area.
7. Weekly dust mop/vacuum hard floor area, wet mop and
disinfect all resilient/hard surface floor area and spot clean all carpet adjacent thereto.
8. Weekly dust miscellaneous furniture (chairs, couches, etc.).
9. Weekly damp mop resilient tile.
10.Weekly remove fingerprints from doors, frames, light switches, handles and push plates.
11.Monthly clean interior of refrigerator.
12.Restock paper towels containers as necessary.
v. COMMUNITY CENTER AND SENIOR CENTER
1. Quarterly buffing/waxing of all floors and shampooing of all carpets (excluding the multi-purpose room gym floors and the Community Center)
2. Quarterly window cleaning.
vi. WATER SHOP: Services provided to the Water Shop will be restricted to the administration offices, break room area and restroom.
vii. PARK RESTROOMS (LIONS, REPPLIER, ROOSEVELT
WILLIAMS, SYLVAN)
1. Empty all trash containers, replace all liners.
2. Wash all consumable product containers.
3. Refill all consumable products with City-furnished supplies.
4. Sweep floor clear of all debris.
5. Damp mop and disinfect all resilient and ceramic floors.
6. Wet wipe and disinfect toilet partitions with a cleaning and sanitizing solution.
7. Empty and sanitize all sanitary napkin disposal units.
8. Clean and polish all vitreous fixtures, including toilet bowls, tanks, urinals, and hand basins; clean tile and tile flooring with a cleaning and sanitizing solution.
9. Clean and disinfect all flush rings, drain and overflow outlets.
10. Clean and disinfect tops and underside of toilet seats.
11.Clean and polish all chrome fittings.
12.Clean and polish all glass and mirrors.
13.Clean splash marks on walls adjacent to or over sinks.
14.Remove spot, stain, and splash marks and all graffiti from walls and partitions. (Notify the City’s Public Works Director or designee of any graffiti that cannot be removed with 17 EXHIBIT "A-1" EXHIBIT "A-1" - 13
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normal graffiti removal solutions.)
15.Dust metal partitions, wet wipe and clean both sides of restroom entry doors.
16.Remove fingerprints from glass, doors, door frames, and light switches.
17.Report any or all water leaks, plugged lavatories, etc., to the Parks and Recreation Director Director or designee.
viii. BUILDING SECURITY – DAILY
1. Turn off all lights (except security and night lights).
2. Close windows.
3. Lock all doors.
4. Set alarms.
IV. BASIC COMPENSATION:
OWNER shall pay Contractor, as compensation for the services to be performed, the sum of per month listed in the Contract Agreement with additional adjustments as specified thereinafter. Additional adjustments shall be made to the monthly compensation if new areas are included in the City of Banning, Custodial Services.
Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2024, during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index, as set forth over the previous available twelve (12) months prior to the date of adjustment.
V. ADDITIONAL WORK
a. The Public Works Director or designee may authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the specifications with the exception of additional sites, or portions thereof that may be added and shall be in writing. b. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials cost. No work shall commence without written authorization from the Public Works Director, or designee. In the event that conditions exist where there is imminent danger of injury to the public or damage to property, the Public Works Director or designee may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the Public Works Director or designee for written approval. c. The cost estimate for additional work shall consist of the following elements:
i. Wholesale cost of materials including sales tax plus ten percent (10%).
ii. Base cost of labor plus fifteen percent (15%) for overhead and 18 EXHIBIT "A-1" EXHIBIT "A-1" - 14
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 990
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
PROJECT SCHEDULE/WORK PLAN
City of Banning
WORK PLAN / INITIAL SITE VISITS
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Initial site visits: develop
building visitation schedule
Complete site visit
Identify site specific
additional needs
requirements if needed
Add agreed upon additional
services requirements
Identify point of contact
at the site
Identify important dates for the
site special events, etc.
Review scope of services with
facility representative if needed
1 2
3 7
4 5
6 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
J. Ferraro / City of
Banning
19 EXHIBIT "A-1" EXHIBIT "A-1" - 15
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 991
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
WORK PLAN / SPECIFIC FACILITY INFORMATION
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Identify location of janitorial
and storage closets
Request alarm codes for facility,
if needed
Identify all entry and exit
points for each location
Determine if additional specialty
cleaning products are required
for the site
Discuss locked door
and safety protocol with
facility staff
Develop equipment needs list
for each facility
Develop emergency contact list
1 2
3 8
5 6
7 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
9 Develop keys / key fob
inventory the each location
C. Ferraro / F. Mendoza
20 EXHIBIT "A-1" EXHIBIT "A-1" - 16
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 992
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
WORK PLAN / EMPLOYEE AND LABOR
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Identify existing EFS, Inc.
employees to transfer to
the City of Banning
Recruit and train additional
employees to fill open positions
New hire packages completed
and new employee ID numbers
issued
ID badges made for all employees
working at the City of Banning
Train employees on
facility safety
procedures
Train employees on facility
security procedures
Review scope of work for each site
with site specific employees
TBD
TBD
TBD
TBD
TBD
TBD
TBD
1 2
3 4
5 6
7 C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F.
Mendoza / Storm-Larsen
C. Ferraro / F. Mendoza
Storm-Larsen
C. Ferraro / F. Mendoza
R. Storm-Larsen
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
21 EXHIBIT "A-1" EXHIBIT "A-1" - 17
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 993
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
WORK PLAN / EQUIPMENT FOR EACH LOCATION
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Secure cleaning equipment /
materials based upon list
developed during initial site
visit
MSDS binders placed in all
janitorial closets
Deliver all janitorial
materials to each facility
Store back-up janitorial and
dayporter materials in
Inland Empire facility
Secure special equipment
TBD
TBD
TBD
TBD
TBD
1 3
4 5
2 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
22 EXHIBIT "A-1" EXHIBIT "A-1" - 18
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 994
EXECUTIVE FACILITIES SERVICES, INC.
1. Review meetings of Scope of Work with all Key Personnel
2. Conduct facility inspections with Operation Manager and Key Personnel
3. Identify and secure replacement equipment (when necessary)
4. Train location specific employees on various entry times, locations, and security protocols
5. Provide continuous training for employees on safety protocols so knowledge matches state mandated requirements
6. Review meetings with site specific staff of the Scope of Work
7. Conduct facility inspections with site specific staff and/or site Supervisor
8. Review floor plans with employees to identify areas of service
TRANSITION PLAN
Ensuring a smooth and seamless transition to a new service provider requires coordination and clear communication. Executive Facilities Services, Inc. ’s Transition Plan begins well before the initiation of services. Once an award of contract occurs, EFS, Inc. will have already created a detailed list of items, meetings, and follow-up job-walks required to ensure a smooth transition on the first night of service.
Utilizing our Transition Plan strategy, we will identify key staff members at each client location to gather additional site information to enable EFS, Inc. to perform beyond the City of Banning' expectations. Our highly experienced management team reviews all information and develops a "start- up kit" listing equipment and chemicals for each location and site. EFS, Inc. supervisors use this information to provide day and night janitorial employees with thorough training and the right equipment.
The first week can be stressful for all parties during a transition to a new service provider. EFS, Inc. will provide additional supervision from all levels of the organization to ensure that the transition goes smoothly. Our Sample Project Schedule/ Work Plan contains each itemized step that will be used during the Transition Plan.
Below please find some of the key elements of our Transition Plan:
23 EXHIBIT "A-1" EXHIBIT "A-1" - 19
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 995
EXECUTIVE FACILITIES SERVICES, INC.
EXECUTIVE FACILITIES SERVICES, INC.
City of Banning
Transition Plan
STEP DATE ACTION PERSON
RESPONSIBLE
DUE
DATE STATUS
Develop building visitation
for all City of Banning
locations
Complete all site visits
Identify site specific
additional needs and
requirements if needed
Identify point of
contact at each site
TBD
TBD
TBD
TBD
TBD
1 2
3 7
4 C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
5 TBD Identify important dates for each
site special events, etc.
6 TBD
Add agreed to additional
services requirements to scope
of work
C. Ferraro / F. Mendoza
8 TBD Deliver equipment kits to each site
Finalize the service agreement
between EFS, Inc. and the City of
Banning
J. Ferraro / City of Banning
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza Start of
service
24 EXHIBIT "A-1" EXHIBIT "A-1" - 20
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 996
EXECUTIVE FACILITIES SERVICES, INC.
• Monthly inspection reports summarize any reported issues and how they were resolved.
• Site visit schedules are developed weekly and unannounced, enabling EFS, Inc. to monitor and control the quality of service as well as interact with onsite employees on a regular basis.
• A copy of our Building Inspection form can be found on the page following this one. Each time a site is visited by an EFS, Inc. supervisor, whether it be a service issue, a supply delivery or a weekly site visit, the form is completed by the supervisor. Operations Managers review all Building Inspection forms daily/ nightly to ensure that any issues are addressed and resolved. • EFS, Inc. and its management team will ensure that each of the City of Banning buildings remains secure during provision of services. The EFS, Inc. Operations Manager will train each employee on the proper door locking etiquette and alarm system protocols, and verify that all protocols are being followed. • EFS, Inc. has the responsibility of categorizing and storing highly specialized keys, access cards, and key fobs for clients. As can be seen from our current client list provided with the proposal, EFS, Inc. works with several cities, municipalities, and private and public entities. We store all client keys in a locked key box at our location in our headquarters's location in Riverside. This facility has 24-hour surveillance and an alarm system.
• EFS, Inc. will not duplicate keys to any of the City of Banning without permission.
BUSINESS PERFORMANCE AND QUALITY CONTROL
Executive Facilities Services, Inc. has learned from experience that the most effective method in ensuring quality service to our clients is through routine site visits. All sites serviced by EFS, Inc. are visited by supervisors on a bi-weekly basis in addition to regular supplies delivery and inspections. Also, the City of Banning sites will be visited by Jim Ferraro, Company Owner, Christian Ferraro, Operations Manager, Francisco Mendoza, Operations Manager, Vicky Rivera, Senior Night Supervisor, Melanie Lopez, Night Supervisor. All operations managers and supervisors carry a smart phone so they can respond quickly to requests for required or emergency services.
During nightly visits to various sites, our staff members review and assess all aspects of the buildings included in the scope of services. If any issues are noticed by a staff member, the employee is made aware and the issues are addressed and resolved that evening. We believe that this is a foundational business practice between EFS, Inc. and its clients. It creates a fast-track line of communication between EFS, Inc. and our clients to ensure that they are receiving the highest of quality service. 49 EXHIBIT "A-1" EXHIBIT "A-1" - 21
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 997
EXECUTIVE FACILITIES SERVICES, INC.
BUSINESS FORMS
Janitorial Inspection Sheet
50 EXHIBIT "A-1" EXHIBIT "A-1" - 22
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 998
Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has proprietary interest in the Consultant, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." X
59 EXHIBIT "A-1" EXHIBIT "A-1" - 23
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 999
INDEMNITY AND INSURANCE STATEMENT
Summary of Indemnity and Insurance Requirements
1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to the City. By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by the City.
NONE
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2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of insurance shall be available to the City and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.
The Insurance obligations under this agreement shall be: 1 – all the Insurance coverage and limits carried by or available to the Contractor; or 2 – the minimum Insurance Requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to given loss, shall be available to the City.
3. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. The City reserves the right to require full-certified copies of all Insurance coverage and endorsements.
I. INDEMNIFICATION
To the fullest extent permitted by law, Consultant 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 Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant 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. Consultant 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 and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Contractor shall agree that their defense and indemnification obligations are in addition to, and are not limited by, the Insurance obligations in the agreement.
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Consultant shall pay all required taxes on amounts paid to Consultant 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. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
Consultant 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 Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant 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 Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’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.
II. INSURANCE
The City of Banning will require the following to approve insurance for your contract:
1) Insurance Limits:
(a) General Liability insurance with limits of not less than $1,000,000 for bodily injury and property damage; $1,000,000 for personal and advertising injury; $2,000,000 products and completed operations aggregate and $2,000,000 general aggregate.
(b) Auto Liability insurance endorsed for “any auto” with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (c) Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of not less than $1,000,000 per claim/occurrence and $1,000,000 policy aggregate The “Retro Date” must be shown for the Professional Liability insurance. (only required if contract involves the rendering of a professional service).
(d) Workers' Compensation insurance as required under the California Labor Code.
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(e) Employer's Liability insurance with limits of liability of not less than $1,000,000, each accident; $1,000,000 disease each employee; and $1,000,000 disease policy limit.
*Limits can be adjusted by the City based on services provided.
2.) Insurance Requirements:
(a) California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best's Insurance Rating Guide. (b) Certificate holder should appear as follows:
City of Banning
Attn: Purchasing Division
99 E. Ramsey Street
Banning, CA 92220-4837
(c) The certificate of insurance should read "The City of Banning, its officers, officials, employees and agents are additional insured with respects to General Liability and Auto Liability insurance. This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis. Waiver of subrogation for Workers’ Compensation insurance with respects to the City of Banning, its officers, officials, employees and agents.” (d) The additional insured coverage under the contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
3.) Insurance Documents:
(a) Include an Additional insured endorsement, with primary and noncontributory language or a primary insurance endorsement, for General Liability insurance including ongoing operations and completed operations (i.e., CG 20 10, CG 20 33, or CG 20 38). The additional insured should read, "The City of Banning, its officers, officials, employees, agents and volunteers". Examples of primary insurance language are "Such insurance as is afforded by the policy is primary and any other insurance shall be excess and not contribute to the insurance afforded by this endorsement" or "This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis". The endorsement number needs to be included in the accord description of certificate of insurance.
(b) Include an Additional insured endorsement for Auto Liability insurance. The additional insured should read, "The City of Banning, its officers, officials, 63 EXHIBIT "A-1" EXHIBIT "A-1" - 27
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1003
EXECUTIVE FACILITIES SERVICES, INC.
ADDIITONAL INFORMATION
Green Cleaning Program and Partner
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EXECUTIVE FACILITIES SERVICES, INC.
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EXECUTIVE FACILITIES SERVICES, INC.
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EXECUTIVE FACILITIES SERVICES, INC.
• Secured multiple EPA approved disinfecting cleaning chemicals • Continue to review CDC guidelines for disinfecting procedures • Trained over 80 employees to complete disinfecting/deep cleaning services • Set up emergency response teams to complete this service upon request • Incorporated Electrostatic Sprayers into our disinfection protocols and made additional Electrostatic sprayers available at each operating facility to respond immediately to client request
• Achieved GBAC COVID-19 Trained Technician status with ISSA • Had an employee become a Certified Contract Tracer through the University of John’s Hopkins
The management team and employees of EFS, Inc. continue to respond immediately to our clients’ requests to provide facility “high touch” hand disinfecting and deep cleaning services at our numerous medical facilities, doctors’ offices, public and private schools, banking institutions, commercial properties, and public agencies.
As of July 30, 2022, we have disinfected/deep cleaned approximately 7 million square feet of our clients’ facilities. Our clients knowingly contact EFS, Inc. with confidence that their properties, cities, and schools will be disinfected and ready for the next day’s use.
EFS, Inc. continues to respond to requests for special disinfecting/deep cleaning services from current and new clients. These include services for various facilities including public parks and restrooms, public and private schools, banking institutions, commercial properties, public agencies and non-contract clients for assistance in battling the COVID-19 pandemic.
Our current procedure for on-call disinfecting services includes a detailed pre-site review with client. This is then followed up with a description of the two types of disinfecting services that EFS, Inc. can provide for the client. Once the client has selected which disinfecting procedure they would like performed, our highly trained staff is then equipped with the correct PPE. Once on site, our team will work with the client to ensure that all areas that have come in contact with COVID–19 positive or suspected positive individuals is thoroughly disinfected.
We know that this situation is evolving daily, and we intend to continue to respond quickly and efficiently to all of our client requests to battle against the COVID-19 pandemic.
COVID RESPONSE PLAN
COVID Experience and Disinfecting Cleaning Program
Immediately upon COVID-19 being declared a pandemic in March 2020, Jim Ferraro and the management team began to research and develop our Disinfecting Deep Cleaning Services plan as per the Centers for Disease Control and Prevention (CDC) guidelines. EFS, Inc. monitors both CDC and World Health Organization (WHO) websites for updates and additional information to assist us in the fight against COVID-19.
As of January 15, 2022, we have:
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EXECUTIVE FACILITIES SERVICES, INC.
• Clean and disinfect all “high touch” points
• Clean and disinfect all doors, door handles, and fixtures • Clean and disinfect all kitchen equipment and cabinets • Perform all high dusting and cleaning of light fixtures, air diffusers, and door frames
• Damp wipe all baseboards
• Thoroughly disinfect all vertical and horizontal surfaces, including but not limited to desks, windowsills, tables, built-in cabinets, lighting fixtures, shelves, walls, doors, door frames, doorknobs, door handles, light switches, telephones, handrails, etc.
• Vacuum all carpeted areas making sure to get underneath built-ins, into corners and along edges.
RESTROOMS:
• Scour and sanitize all basins, toilets, urinals, and showers inside and out
• Clean and disinfect all bright work
• Clean and disinfect all partitions
• Wash and disinfect all tile throughout restrooms with disinfectant
• Disinfect and polish mirrors in restrooms
WINDOWS:
• Clean and disinfect inside window ledges
• Clean and disinfect all window frames
COVID RESPONSE PLAN
Hand Touch Disinfecting Specifications
Facility Disinfecting Deep Cleaning Specifications for offices, hallways, common areas, restrooms, break rooms and kitchens:
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DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1008
EXECUTIVE FACILITIES SERVICES, INC.
COVID RESPONSE PLAN
Hand Touch Disinfecting Deep Cleaning Specifications
1. Spray or apply with a towel hospital grade disinfectant to all touch points.
2. Let disinfectant dwell on the surface for the required kill time, usually one minute
3. After the disinfectant is on the surface for the required dwell time, wipe the surface clean and remove any streaks
The major touchpoints that need to be disinfected in offices or cubicles are as follows:
• Cabinet handles
• Door handles
• Desks or cubicle tops
• Light switches
• Phones
• Computer keyboards and
mouse’s
• Copiers and shredders
• Appliance buttons
• Grab rails
• Push plates
• Conference room tables and
chairs
• Restroom partitions
• Restroom fixtures
• Switch plates
• File cabinets
• Opening edges of entry points
• Elevator buttons
• Door jambs
• Coffee stations
• Changing tables
• TP, towel and soap dispensers
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DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1009
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMA TION
CO VID-19 Electrostatic Disinfecting Spraying Solution
Protexus Electrostatic Sprayer System
EFS, Inc. implements a research-driven technique of disinfecting that will reduce disinfecting expenses and increase our efficiency, known as the Protexus Electrostatic Sprayer System. By using the Protexus Electrostatic Sprayer System paired with the hospital grade PurTab disinfecting chemical, we have reduced the kill time of the disinfectant to one minute. We have found that in utilizing this system, we can drastically increase our efficiency of disinfecting services to approximately 10,000 square feet per hour.
We understand the safety and health of our clients’ staff members is key, so EFS, Inc. selected the PurTab chemical for its non-toxic, non-corrosive characteristics as an EPAregistered disinfectant. The PurT ab chemical can be applied at any time throughout the day and left on high touch surfaces with little to no residue. Depending on the saturation of the surface the PurTab disinfectant dries completely within minutes.
By utilizing these two disinfecting tools, we can dramatically increase the productivity of our staff and increase the frequency of disinfecting that can occur during a standard workday. EFS, Inc. believes that using this method of disinfecting services will greatly benefit the City of Banning as it will increase the frequency of disinfection and provide peace of mind to residents, staff, and visitors to all of the buildings within the City of Banning.
Link to Protexus Electrostatic Sprayer System
https/www.youtube.com/watch??v=k1agZEwcfLQ&feature=youtu.be 71 EXHIBIT "A-1" EXHIBIT "A-1" - 34
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1010
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMA TION
Protexus Electrostatic Sprayer System
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DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1011
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMATION
Evaclean
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EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMATION
EPA Certified Disinfectant
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DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1013
EXECUTIVE FACILITIES SERVICES, INC.
DISINFECTING PRODUCT INFORMATION
EPA Certified Disinfectant
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EXECUTIVE FACILITIES SERVICES, INC.
WAXIE Letter of Recommendation
January 23, 2023
To whom it may concern,
WAXIE Sanitary Supply has had a long term partnership with Executive Facilities Services Inc. with both companies having like goals of helping customers keep buildings cleaner, safer and healthier. WAXIE provides multiple training classes on restroom care, Green Cleaning Practices, floor care, carpet care and COVID – 19 to our customers of which EFS Inc. participates in. Along with that, WAXIE prides itself on finding solutions for customers to meet all of their cleaning needs.
Together with EFS Inc. we have been able to create cleaning protocols during the pandemic using electro-static sprayers, EPA N-List approved disinfectants and PPE, all while providing the other necessary products in a timely manner. I know if EFS Inc. is chosen for your facility, they will provide the same level of excellent service that other customers like yourself are receiving.
Sincerely,
Theresa Cummins
Regional Sales Manager
WAXIE – Ontario, CA
[email protected]
Cell # 702-768-5696
www.waxie.com
Regional Inventory Center 905 N. Wineville Avenue Ontario, CA 91764-5595 (800) 443-3469 (909)942-4100 FAX (909) 942-3199 www.waxie.com 7876 EXHIBIT "A-1" EXHIBIT "A-1" - 39
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1015
EXECUTIVE FACILITIES SERVICES, INC.
BUSINESS ATTIRE
EFS, Inc. Uniform: apron, employee badge, and t-shirt
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DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 1016
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.
THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.
RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.
B. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.
1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Two Hundred Twenty-One Thousand Four Hundred Ninety-Two Dollars and Forty-Four Cents ($221,492.44) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).
1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2025, unless sooner terminated or extended as provided in the Agreement.
1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 2, attached hereto and incorporated herein.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 June 11, 2024
101768
of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 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.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 101868
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONTRACTOR
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
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 CONTRACTOR’S BUSINESS ENTITY.
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 OWNER
Jim Ferraro
RESO # 2024-090
101968
ATTACHMENT 2
The Contractor shall provide and stock soap for dispensers, trash liners and paper products:
toilet tissue, seat liners, and paper towels, for the services set forth in the specifications of Exhibit A of the Agreement. Contractor shall provide an itemized list of the consumables utilized by service area as part of the monthly invoice for reimbursement.
The grade of consumable supplies in that contents shall meet SB 1383 requirements (summarized below) and be equitable or superior to City supplied stock in FY24. Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber
Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 102069
ATTACHMENT 2
Rates and projected consumables
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 102169
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 102269
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: David Newell, Community Development Director David A. Newell, Community Development Director
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-76, Approving Amendment No. 1 to a Sole Source Agreement with CASC Engineering and Consulting, Inc. ("CASC") for Consulting Services Related to the Focused General Plan Update in an Amount of $229,268 for a Total Contract Amount Not to Exceed $415,753
RECOMMENDATION:
Adopt Resolution 2025-76.
BACKGROUND:
In July 2020, the City issued a request for proposals to procure professional services to assist with updating the 2006 General Plan. The focused update was limited to the Land Use and Circulation elements of the General Plan with revisions to exhibits such as the Land Use Plan and Circulation Map and the preparation of an Initial Study to comply with the California Environmental Quality Act (CEQA).
After the RFP evaluation process, CASC Engineering and Consulting, Inc. (CASC) was selected to provide these services. Below is summary of actions related to this effort:
10/27/2020 - the City Council adopted Resolution 2020-134 authorizing the contract with CASC for an amount of $115,482
07/12/2022 - the City Council adopted Resolution 2022-96 authorizing Amendment No. 1 to increase contract by $71,252 (total contract of $186,734) to complete an analysis of the project's vehicle miles travelled and revise the project management scope 11/08/2022 - the City Council adopted Resolution 2022-155 authorizing Amendment No. 2 to increase contract by $58,574 (total contract of $245,308) to complete an level of service study (by subcontractor, Urban Crossroads) and for additional project management/coordination services The contract expired and a new contract was required to continue work on the focused update to the General Plan
06/11/2024 - the City Council adopted Resolution 2024-93 authorizing a sole source agreement with CASC in a total amount not to exceed $186,485 to prepare additional GIS exhibits and revise the land plan and other exhibits
A summary of the work to date is included as an attachment.
Due to extent of changes to land uses to date, the project description has resulted in a need to expand the environmental analysis for the focused update. The previous contracts assumed an Initial Study/Mitigated Negative Declaration would be appropriate for the project. However, based on the proposed changes, the project will result in significant and unavoidable impacts to Air Quality and Greenhouse Gases, and consequently an Environmental Impact Report (EIR) is required. Under the proposed contract amendment, CASC will prepare an EIR. In addition, CASC will update GIS data, 1023
enhance Chapter 1 of the General Plan, and allow for expanded coordination. The full scope of services is included as an attachment and requires appropriating $229,268. Staff would also recommend extending the contract through December 2026.
JUSTIFICATION:
A General Plan provides the vision and blueprint for the City's growth and requires updates and revisions to ensure it reflects the current values of the community, addresses changes in state law. Additionally, the California Governor's Office of Land Use and Climate Innovation (formerly known as the Office of Planning and Research) recommends cities and counties update their general plans every 10-15 years.
The last time the Land Use and Circulation Element had comprehensive updates was 2006 and the proposed contract amendment will assist the City with ensuring its General Plan is reflects current community values while also addresses changes to state law.
FISCAL IMPACT:
Approving the proposed amendment requires City Council authorize the appropriation of funding from the General Fund to Account No. 001-2800-441.33-42. The approval would increase the existing contract amount ($186,485) by $229,268 during the two-year budget, 2024/2025 and 2025/2026, for a total contract amount not to exceed $415,753.
ALTERNATIVES:
Provide alternative direction to staff.
BUDGETED?:
No
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2025-76, CASC Engineering.docx
2. C01041 - CASC Amend 1.pdf
3. Scope of Services Addendum 4_040325
4. Banning Contract Summary from CASC
1024
Resolution 2025-76
RESOLUTION 2025-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO A SOLE SOURCE CONTRACT WITH CASC ENGINEERING AND CONSULTING, INC. FOR CONSULTING SERVICES ASSOCIATED WITH THE FOCUSED GENERAL PLAN UPDATE SERVICES FOR FISCAL YEARS 2024/2025 AND 2025/2026 IN THE AMOUNT OF $229,268
WHEREAS, City staff solicited a proposal consulting services to update the City’s General Plan Elements for Land Use and Circulation for whereby Service Provider agreed to provide Project Management, Mapping, and Environmental Analysis; and WHEREAS, on October 27, 2020, the City of Banning, on Resolution 2020-134, approved an agreement with CASC Engineering and Consulting, Inc. (“CASC”), in the amount of $115,482; and
WHEREAS, City and CASC amended the Agreement (Amendment No. 1) in accordance, with City Council approval of Resolution 2022-96 on July 12, 2022, to include additional compensation in an amount not to exceed Seventy-One-Thousand, Two-Hundred and Fifty-Two Dollars ($71,252) for a total of One-Hundred and Eighty-Six Thousand, Seven-Hundred and Thirty-Four Dollars ($186,734); and
WHEREAS, City and CASC amended the Agreement (Amendment No. 2) in accordance with City Council approval of Resolution 2022-155 on November 8, 2022, to include additional compensation in an amount not to exceed Fifty-Eight Thousand, Five-Hundred and Seventy-Four Dollars ($58,574) for a total of Two-Hundred and Forty-Five Thousand, Three-Hundred and Eight Dollars ($245,308); and
WHEREAS, the previously approved contract and subsequent amendments have expired prior to conclusion of the work effort; and
WHEREAS, City staff negotiated the Scope of Work with CASC Engineering and Consulting, Inc., to enter into a new sole source agreement to complete the tasks as indicated in the previously approved scope of work and to provide updates to the Land Use and Circulation Elements of the General Plan; and
WHEREAS, on June 11, 2024, the City Council adopted Resolution 2024-93, authorizing a sole source agreement with CASC in a total amount not to exceed $186,485 to prepare additional GIS exhibits and revise the land plan and other exhibits; and WHEREAS, funding will be available in the City’s Community Development Department accounts during Fiscal Year 24/25 in the amount of not-to-exceed One-Hundred Eighty-Six Thousand, Four-Hundred Eighty-Five Dollars ($186,485); and WHEREAS, due to extent of changes to land uses to date, the project description has resulted in a need to expand the environmental analysis for the focused update, and CASC has provided a scope of services to prepare an Environmental Impact Report, technical studies, and other services to continue assisting the City with the focused update to the General Plan. 1025
Resolution 2025-76
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Amendment No. 1 to Agreement No. ______ with CASC, in a total contract amount not-to-exceed $415,753, authorizes the City Manager to make necessary non-substantive changes, and to execute said agreement included as Exhibit A and attached to this resolution.
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 27th day of May, 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
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Resolution 2025-76
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-76, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of May, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
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Resolution 2025-76
EXHIBIT A
Amendment No. 1 with CASC Engineering & Consulting, Inc. 1028
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
(C01041) FOR FOCUSED AMENDMENTS TO THE LAND USE AND
CIRCULATION ELEMENT OF THE CITY'S GENERAL PLANS BY
AND BETWEEN CITY OF BANNING AND CASC ENGINEERING AND
CONSULTING, INC.
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and CASC ENGINEERING AND CONSULTING, INC., a California Corporation (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Contract dated June 11, 2024 for the purpose of providing Focused Amendments to the Land Use and Circulation Element of the City’s General Plans Consulting Services (“Agreement”) following RFP 20-23, as approved by City Council Resolution 2024-93.
B. City and Consultant now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to December 31, 2026, and increase the Contract Sum to Four Hundred Fifteen Thousand Seven Hundred Fifty-Three Dollars ($415,753.00).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.
1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed One Hundred Eighty-Six Thousand Four Hundred Eighty-Five Dollars ($186,485.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Four Hundred Fifteen Thousand Seven Hundred Fifty-Three Dollars ($415,753.00).
1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through December 31, 2026, unless sooner terminated or extended as provided in the Agreement.
1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment B, attached hereto and incorporated herein.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and 1029
effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendment No. 1, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No.1.
2.3 Authority. The persons executing this Amendment No. 1 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 Amendment No.1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 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.
[SIGNATURE PAGE FOLLOWS]
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The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
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.
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Fax: 909.783.0108
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ATTACHMENT “A”
SCOPE OF SERVICES
Environmental Services/Focused EIR
A. UPDATE CEQA PROJECT DESCRIPTION
Casc will update the CEQA Project Description to reflect modifications to the Land Use Element Update Parcel Inventory.
Modifications include:
• Change the proposed land use designation for thirteen (13) parcels from Industrial to Low Density Residential as requested by City staff on March 13, 2025. • Add eleven (11) new parcels to the Parcel Inventory with a proposed land use designation of Low Density Residential as requested by City staff on March 20, 2025. Split zoning is proposed for APN: 541-271-004, as requested by City Staff.
The updated Project Description will be utilized in the Notice of Preparation (NOP), Initial Study and Focused Environmental Impact Report (EIR). The Project Description will include information required to define the project for purposes of an EIR, including a clear explanation of the development components of the proposed project; a description of the demolition, construction, and operational activities associated with the project and clearly illustrated project features. The PD will also list the required discretionary approvals.
Note: Any revisions to the PD after City review and approval, may require separate authorization.
B. UPDATE TECHNICAL STUDIES IN SUPPORT OF CEQA DOCUMENT Casc’s subconsultant, Urban Crossroads, will update the following technical studies based on the updated Project Description:
Task B.1 Air Quality & Greenhouse Gas Study Update
• Re-run CalEEMod 2022.1 based on the revised project description as noted in Task A and changes to the land uses. • Prepare a revised air quality and greenhouse gas report that incorporates the findings and all supporting calculations.
Task B.2 Vehicle Miles Traveled (VMT)
• Urban Crossroads will modify the RIVCOM horizon year model to reflect the reflect the updated Land Use Element Parcel Inventory. As this model is based on socioeconomic data compiled by WRCOG with input from its member agencies, adjustments to the traffic analysis zones (TAZ) within the City and its sphere of influence. • Run the RIVCOM model and with the appropriate model output files calculate project generated total VMT and VMT per service population (i.e. population and employment) for the updated Land Use Element Parcel Inventory.
This will be done for both the base year and horizon year traffic models and for both the City of Banning and its sphere of influence.
• Calculate citywide VMT summing all VMT on roadways within the City boundary using the boundary method for the With Project, which includes Land Use Element Update Parcel Inventory condition. • Compare VMT and VMT per service population results for the proposed General Plan with updated Land Use Element Parcel Inventory to the current baseline year and future year No Project conditions. • Revise the draft report based on comments provided by the Lead agency for up to 1 review cycle.
Task B.3 Level Of Service (LOS)
• Based on the updated traffic model changes, traffic model forecasts will be generated for roadway segments within the study area. Update will include revising all applicable exhibits, trip generation, traffic volumes, and associated roadway segment operations analysis for the following analysis scenario:
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www.cascinc.com
o General Plan Buildout With Project Conditions
• If applicable, recommend improvements necessary to maintain acceptable intersection performance at the study area intersections for each of the future traffic scenarios described in first bullet. • Prepare a revised traffic report that incorporates the findings and all supporting calculations.
Task B.4 Noise Analysis Update
• Review the proposed updated land use plan.
• Update the off-site traffic noise analysis section based on the updated land use plan. • Update results in the noise impact analysis report addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the identified impacts. • Revise the noise study report based on comments provided by the Client and Lead agency for one review cycle.
C. EIR SCOPING MEETING
During the public review period of the Notice of Preparation (NOP), Casc will attend and lead one (1) public scoping meeting. Casc will prepare a scoping meeting presentation, attend the meeting, monitor comments received, answer questions as directed by the City, and provide a summary of public comments with regard to any environmental concerns raised. Input will further identify the issues to be addressed in the EIR. The summary of comments received will be appended to the EIR. Meeting materials will be provided in English only. If the City should request the public scoping materials be printed by Casc, this will be a direct cost.
Note: If additional scoping meetings are required, separate authorization may be required.
D. PREPARE 1ST SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) Based on the results of the technical studies prepared by Urban Crossroads, it has been determined that the most appropriate CEQA document for the proposed Project is a Focused EIR. Casc will update the previously prepared Initial Study with the updated Project Description. The Initial Study will be used to screen out topics that don’t require further analysis in the EIR in accordance with CEQA Guidelines. Casc will prepare a 1st Screencheck of the Draft EIR for the City’s review. The Draft EIR will include required components of an EIR pursuant to CEQA Guidelines Article 9. The EIR will analyze up to ten (14) environmental factors in accordance with the City’s CEQA checklist. If more topics are required to be covered in the Draft EIR, these will be completed under separate authorization.
Executive Summary
In accordance with CEQA Guidelines Section 15123, the Executive Summary will briefly describe the project’s impacts, the appropriate mitigation measures that would reduce and/or avoid impacts, areas of known project controversy, and project alternatives.
Introduction & Purpose
Casc will prepare the “Introduction and Purpose” section of the EIR in accordance with CEQA Guidelines. This section will introduce the EIR’s compliance with CEQA, the approach for preparing the EIR, the intended uses of the EIR, the scoping process, the format of the document, as well as identifying the City of Riverside’s authority as the Lead Agency under CEQA.
Project Description
Casc will prepare a Project Description for the EIR in accordance with CEQA Guidelines Section 15124. This task includes incorporating the Project Description from the Initial Study with the information required to define a project within an EIR, including a statement of project objectives, precise project location, a description of the project’s technical, economic and environmental characteristics, and a statement describing the intended uses of the EIR. Additionally, the project description will include a description of the physical environmental conditions in the vicinity of the project in accordance with CEQA Guidelines Section 15125.
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Cumulative Effects
In accordance with CEQA Guidelines Section 15130, the EIR will address the potential cumulative effects of the project in combination with other reasonably foreseeable projects within the Project area. Casc will use the cumulative project list identified in the Project’s Traffic Impact Analysis that was developed through consultation with planning and engineering staff from the City of Riverside. As set forth in CEQA Guidelines Section 15130, the cumulative analysis will focus on impacts to which the project has made a significant incremental contribution. The analysis will reflect the severity of the impacts and their likelihood of occurrence and will be guided by standards of practicality and reasonableness.
Environmental Impact Analysis
The “Environmental Impact Analysis” section of the EIR will provide a detailed environmental analysis of the existing conditions, project impacts (including direct and indirect, short-term and long-term, and cumulative), recommended mitigation measures, and unavoidable adverse impacts. This section will include the approach to environmental analysis, identify the environmental topics to be discussed, the organization of each environmental issue section, identify the applicable thresholds and level of significance, as well as the format used for impact analysis and applicable mitigation measures. The environmental issues covered in this section will be determined based off the Project’s Notice of Preparation and Initial Study. Casc anticipates up to ten (10) topics to be covered in the EIR.
Note: If additional topics are required to be analyzed in the EIR, a separate authorization may be required.
Alternatives
Pursuant to CEQA Guidelines Section 15126.6, the EIR will evaluate a range of reasonable alternatives to the Project, or to the location of the Project, which would feasibly attain most of the basic objectives of the Project but would avoid or substantially lessen any of the significant effects of the Project and evaluate the comparative merits of the alternatives. Casc will work with the City to identify and evaluate up to three (3) Project alternatives, including a “no project” alternative as required by CEQA Guidelines Section 15126.6 [e]. As required by CEQA Guidelines Section 15126.6, Casc will identify the Environmentally Superior Alternative.
Other CEQA Considerations
This section will address the CEQA-required issues of significant environmental effects that cannot be avoided (CEQA Guidelines Section 15126[b]), significant irreversible environmental changes (CEQA Guidelines Section 15126[c]), growth inducing impacts (CEQA Guidelines Section 15126[d]), and energy conservation (CEQA Guidelines Section 15126.4).
Effects Found Not to be Significant
This section will provide a brief description of each environmental topic found to not be significant or less than significant based on the NOP and Initial Study, or further evaluation in the EIR.
References and Preparers
Thissection will list all resources used in the preparation of the EIR. In accordance with CEQA Guidelines Section 15129, the EIR will identify all agencies, organizations, and individuals consulted during the preparation of the document, as well as the agency representatives and firms that were involved with EIR preparation.
Technical Appendices
Pursuant to CEQA Guidelines Section 15147, supporting technical information will be appended to the EIR. This includes but is not limited to technical studies, modeling data, and correspondence.
Deliverables:
• One (1) 1
st Screencheck Draft Environmental Impact Report in Word format. • One (1) 1
st Screencheck Draft Environmental Impact Report in .pdf format. 1034
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• One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
E. PREPARE 2ND SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) - OPTIONAL* Casc will respond to one (1) set of City comments on the 1st Screencheck Draft EIR. This scope of work assumes that comments will be provided either in written form or as tracked changes within the Word files. Upon receipt of the sets of comments, Casc will prepare the 2
nd Screencheck Draft EIR, which will show changes made in underline/strikeout.
If extensive comments are received following the submittal of the 2 nd Screencheck Draft EIR, separate authorization will
be required.
Deliverables:
• One (1) 2
nd Screencheck Draft Environmental Impact Report in Word format. • One (1) 2
nd Screencheck Draft Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
F. PREPARE CIRCULATION DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) Upon receipt of any final comments from the City, Casc will prepare the Circulation Draft EIR and issue it for public review. Casc will provide the Notice of Completion (NOC) to the State Clearinghouse to formally begin the 45-day public review process. Casc will provide electronic files to the City for posting on the City’s website including the Draft EIR and Appendices.
Deliverables:
• One (1) Circulation Draft Environmental Impact Report in Word format. • One (1) Circulation Draft Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
G. PREPARE RESPONSE TO COMMENTS RECEIVED DURING 45-DAY PUBLIC REVIEW PERIOD Casc will prepare written Responses to Comments (RTC) received on the Draft EIR that raise significant environmental issues and submit them for City staff review after the close of the public comment period The responses to comments will be prepared in accordance with CEQA Guidelines Section 15088and the City’s CEQA implementation procedures.
Casc assumes up to forty (40) hours for Response to Comments and assumes an additional forty (40) hours to update the remaining sections of the Final EIR. If additional hours are required to complete this task, they will be provided under separate authorization. The following steps are proposed:
o The City will compile and transmit to Casc all written comments on the Draft EIR no laterthan the first business day after closure of the 45-day public review period. We strongly recommend that comments be forwarded to Casc as they arrive to allow an early start on response preparation. o Casc will confer with City staff regarding comments received in order to develop a general framework and strategy for preparation of responses. The format of the Final EIR will be as an attachment of responses to comments to the text of the Draft EIR.
o Responses within this proposal’sscope of work and budget consist of explanation, elaboration, or clarification of the data contained in the Draft EIR.
Deliverables:
• One (1) copy of Response to Comments in Word format.
• Once copy of Response to Comments in .pdf format.
Caveat: If significant new information is added to the EIR based on public comments and recirculation of the EIR is required, separate authorization will be required for recirculating the draft EIR. 1035
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H. PREPARE 1ST SCREENCHECK FINAL ENVIRONMENTAL IMPACT REPORT (EIR) Casc will prepare the Final EIR in accordance with CEQA Guidelines Section 15132. The intent of the 1 st Screencheck
Final EIR is to allow City staff to review the final changes to the Final EIR prior to certification. It is anticipated that any comments on the 1
st Screencheck Final EIR would concern minor points and not require major revisions. Casc will respond to all of City comments on the Final EIR. This scope of work assumes that comments will be provided either in written form or as tracked changes on the Word files. Upon receipt of the consolidated set of comments, Casc will prepare the 1
st Screencheck Final EIR, which will show revisions in track changes.
Deliverables:
• One (1) 1
st Screencheck Final Environmental Impact Report in Word format. • One (1) 1
st Screencheck Final Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
I. PREPARE FINAL ENVIRONMENTAL IMPACT REPORT (EIR)
Once City staff providesfinal comments on the 1
st Screencheck Final EIR, Casc will proceed with finalizing and producing the Final EIR for public review. Casc will provide electronic copies of the Final EIR to the City, which will be responsible for local distribution, noticing, and posting.
Deliverables:
• One (1) Final Environmental Impact Report in Word format. • One (1) Final Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data, and correspondence.
J. PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) NOTICES Casc will prepare the Notice of Preparation (NOP), State Clearinghouse Forms (NOC, Summary Form), Notice of Availability (NOA) and Notice of Determination (NOD) for the project within five (5) business days of EIR certification.
Additionally, Casc will mail the NOP and NOA to the City’s distribution list. Casc assumes that the City will file the NOD with the Riverside County Clerk.
Deliverables:
• NOP, NOA, NOD, NOC & Summary Form
• Certified mailed NOP and NOA to the City’s distribution list.
K. PREPARE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS Casc will prepare draft Findings and Facts in Support of Findings for each potentially significant unavoidable impact identified in the EIR and prepare a Statement of Overriding Considerations for the unavoidable significant impacts associated with the Project. As required by the CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The Statement of Overriding Considerations will rely on input from the Project Team regarding the benefits of the project. Casc’s Project Director will consult with the City to review draft findings and to finalize the findings. Casc will submit the proposed Update final Findings of Fact and the Statement of Overriding Considerations to the City for review and approval.
Planning Services
L. LAND USE ELEMENT & CIRCULATION ELEMENT FORMATTING
The original budget did not include extensive formatting, extensive changes to the Land Use and Circulation Elements.
Based on discussions with City staff, the existing land use and circulation elements were requested to be formatted into a horizontal template based on examples discussed between the consultant and the City. Casc prepared a preliminary style guide that served as a template for the Land Use Element to illustrate the page layout, headings and subsections, 1036
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Office: 909.783.0101
Fax: 909.783.0108
www.cascinc.com
graphics, charts, maps, etc. that is clear and easy to use. Casc has incurred a total of forty (40) hours to this Task and includes an additional fifty (50) hours for formatting the Land Use and Circulation Element of the General Plan. If additional hours for formatting are requested, they will be provided under separate authorization.
M. CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL*
Casc proposes to merge the City’s existing Chapter 1 (Vision Statement) and Chapter 2 (Introduction and Administration) into one (1) cohesive Chapter of the General Plan. This Chapter will be provided in the same format as the Land Use and Circulation Element and will include photos and any applicable graphics. The Introduction and Vision will include an introduction paragraph, updated vision statement, regional location of the City, community profile/demographics, a historical timeline, the vision, guiding principles, purpose of the plan, the need for the General Plan update, relationship to other planning documents, statutory requirements, organization of the Plan, and public involvement. This task includes up to one (1) review cycle. Minor comments are anticipated on this Section.
N. PUBLIC REVIEW DRAFT CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* Casc will incorporate comments received on the Administrative Draft and prepare the Public Review Draft. Casc will address one (1) set of minor comments before finalizing for public review. The City will be responsible for posting the Chapter on the City’s website and will remain posted on the website for a period of 30-days. Once public comments have been received and addressed, Casc will prepare the final document for Planning Commission. If extensive comments are received on the document, separate authorization may be required.
O. FINAL CHAPTER 1 – INTRODUCTION AND VISION -OPTIONAL* Casc will prepare the Introduction and Vision for Planning Commission and will respond to one (1) set of minor comments. Casc will then prepare the Final Introduction and Vision for City Council approval. If the Council has any comments on the Introduction and Vision, any updates to the Introduction and Vision will be provided under separate authorization.
GIS Services
P. LAND USE ELEMENT EXHIBITS
Casc will also update the existing land use and circulation exhibits and land use designation inventory to include the discrepancy identified in the City provided land use data based on discussions with City Staff on 03/13/2025. In addition, Casc will prepare three (3) exhibits for the Land Use Element (Redevelopment Areas, Focus Areas Exhibit, and Land Use Map) and two (2) additional exhibits for the Circulation Element (Bus Transit Route and Proposed Bicycle Facilities).
Q. EIR GIS EXHIBITS
Casc will update Exhibit 1-2, Proposed Amendment Areas and Exhibit 1-4, Proposed GPLU of the project description to reflect the proposed Project changes identified in Task A. This task also includes preparing any other required exhibits forthe EIR in accordance with CEQA Guidelines Section 15124. Thistask includestwenty-five (25) hours of GIS Specialist time.
R. CHAPTER 1 – INTRODUCTION AND VISION (EXHIBITS AND FIGURES) – OPTIONAL* Casc will prepare up to two (2) exhibits and one (1) infographic for Chapter 1 of the General Plan. This task assumes a Regional Exhibit and the City Boundary including the Sphere of Influence and Planning Areas. The infographic will provide a community profile summary including information such as the total land area, population, residential units, employees, and number of schools.
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Meetings and Coordination
S. WEEKLY AND BI-WEEKLY MEETINGS & COORDINATION – CITY (T&M) (NOVEMBER 2024 THRU MARCH 2026) Addendum No. 3 dated March 13, 2024, included two (2) tasks for Meetings and Coordination from January 2024-March 2024 and from April 2024 to October 2024. Casc has exhausted the existing T&M task due to weekly meetings, changes to the Project Description and schedule delays, and now will be preparing a Focused EIR. This task covers weekly meetings from November 2024 to April 2025 and bi-weekly meetings from May 2025 to March 2026. Thus, to continue the regular meetings, Casc’s Director of Planning, Frank Coyle, and two (2) Senior Planners will attend bi-weekly meetings and coordination time with the City of Banning in support of the scope of services identified in the contract and this addendum. Time for this item will be billed on a time and material (T&M) basis in accordance with our Standard Hourly Fee Rate Schedule. This Task includes a total of sixty (60) hours incurred between the months of November 2024 to April 2025. Casc will transition from weekly meetings to bi-weekly meetings beginning in May 2025 to economize on Project costs. It is anticipated that this Task will include approximately six (6) hours a month for approximately eleven (11) months for a total of sixty-six (66) hours. Thus, this task includes a total of 126 hours. If additional hours are required, they will be provided under separate authorization.
T. PROJECT MANAGEMENT COORDINATION
Casc will establish project management protocols to be maintained for the duration of the Project. This includes close collaboration with City staff, subconsultants, and applicable agencies via email and phone calls outside of weekly meetings; preparation of invoices; bi-monthly progress reports; cloud-based project folders; internal meetings to address potential obstacles; online time management, tracking, archiving, reviewing, assessing, and reporting; vetted draft deliverables are before submission; review upcoming deliverables; and meeting agendas. It is anticipated that this Task will include approximately four (4) hours a month for approximately twelve (12) months for a total of forty-eight (48)hours.
U. REFINEMENT OF PROJECT SCHEDULES
Casc has exhausted all of the budget allocated to the “Refinement of Project Schedules” under the original scope of work. Under the original scope, the budget allocated to this Task was based on an 18-month period. To economize on Project costs, Casc will update the Project schedule on a bi-monthly basis through March 2026. Casc has allocated a total of twelve (12) hours to this Task.
V. PUBLIC HEARING & COMMUNITY MEETING ATTENDANCE
Due to the preparation of a Focused EIR, Casc will attend one (1) Planning Commission and one (1) City Council hearing to answer any questions regarding the EIR. Additionally, Casc will attend one (1) community meeting during the 45- day public review period of the EIR. If additional attendance at hearing(s) are required, they will be provided under separate authorization.
W. ADDITIONAL GPAC MEETING
Casc will conduct one (1) additional virtual GPAC meeting to provide a recap of the project. This task does not include the preparation of a PowerPoint presentation, as this will be the City’s responsibility to prepare, in an effort to economize on Project costs. If a PowerPoint presentation is requested, separate authorization will be required. Casc will attend this GPAC meeting and transcribe meeting minutes.
X. MEETINGS AND COORDINATION (ENVIRONMENTAL)
Casc will coordinate with subconsultants, the City and Project stakeholders during the CEQA process. Casc will provide regular weekly updates to Staff regarding Project status, schedule maintenance, and budget expenditures during the preparation of the EIR. Casc has allocated a total of sixty (60) hours to this task. If additional hours are needed due to revisions to the Project Description, additional services outside of this Scope, and/or delays that impact the schedule, they will be provided under separate authorization.
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www.cascinc.com
Y. CONTINGENCY TASK – OPTIONAL*
Casc proposes a contingency task to cover additional hours incurred through the preparation of the Land Use and Circulation Element, creation of GIS exhibits, research and data gathering, and additional meetings internally and with City Staff. If tasks are requested by staff that are outside of the scope of services, Casc will notify the City prior to billing to this task. This task will be billed on a Time and Materials (T&M) basis in accordance with our standard hourly fee schedule.
*If the project extends past the March 2026 deadline, separate authorization may be required for completion of the above tasks prior to start of work.
ATTACHMENT “B”
SCHEDULE OF FEES
ENVIRONMENTAL SERVICES/FOCUSED EIR
A. UPDATE CEQA PROJECT DESCRIPTION $880.00
B. UPDATE TECHNICAL STUDIES IN SUPPORT OF CEQA DOCUMENT - B.1 – Air Quality/Greenhouse Gas $8,400.00
B.2 - Vehicle Miles Traveled (VMT) $16,800.00
B.3 - Level Of Service (LOS) $9,800.00
B.4 - Noise $6,800.00
C. EIR SCOPING MEETING $2,800.00
D. PREPARE 1st SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) $49,905.00 E. PREPARE 2nd SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) – OPTIONAL*
$9,040.00
F. PREPARE CIRCULATION DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) $5,960.00 G. PREPARE RESPONSE TO COMMENTS RECEIVED DURING 45-DAY PUBLIC REVIEW PERIOD
$4,500.00
H. PREPARE 1st SCREENCHECK FINAL ENVIRONMENTAL IMPACT REPORT (EIR) $7,600.00 I. PREPARE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) $6,000.00 J. PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) NOTICES $3,520.00 K. PREPARE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS $6,000.00
PLANNING SERVICES
L. LAND USE ELEMENT & CIRCULATION ELEMENT FORMATTING $16,031.00 M. CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* $5,442.00 N. PUBLIC REVIEW DRAFT CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* $3,425.00 1039
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O. FINAL CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* $2,950.00
GIS SERVICES
P. LAND USE ELEMENT EXHIBITS $5,200.00
Q. EIR GIS EXHIBITS $3,500.00
R. CHAPTER 1 – INTRODUCTION AND VISION (EXHIBITS & FIGURES) – OPTIONAL* $3,126.00
MEETINGS AND COORDINATION
S. WEEKLY AND BI-WEEKLY MEETINGS & COORDINATION – CITY (T&M) (NOVEMBER 2024 THRU MARCH 2026)
$24,400.00
T. PROJECT MANAGEMENT COORDINATION $6,270.00
U. REFINEMENT OF PROJECT SCHEDULES $1,794.00
V. PUBLIC HEARING & COMMUNITY MEETING ATTENDANCE $2,160.00 W. ADDITIONAL GPAC MEETING $1,365.00
X. MEETINGS & COORDINATION (ENVIRONMENTAL) $6,600.00
Y. CONTINGENCY TASK – OPTIONAL* $8,000.00
TOTAL DIRECT COSTS: $1,000.00
TOTAL (Without Optional Tasks): $197,285.00
TOTAL (With Optional Tasks): $229,268.00
REIMBURSABLE
Casc Engineering and Consulting (Casc) will invoice the Client for printing, binding, reproductions, plotting, deliveries, overnight delivery expenses, mileage, and overnight hotel stays, as incurred. Any additional costs incurred will be covered under a separate contract as approved and authorized by the Client. Casc has provided a Scope and Schedule of Fees in accordance with this representation. If, at any time, the Client determines that their representation is not correct, Client will be held liable for additional costs and will immediately notify Casc so that the appropriate cost adjustments can be made. 1040
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AUTHORIZATION FOR ADDITIONAL WORK
CITY OF BANNING
Attn: David Newell, Community Development Director
Community Development Department
City of Banning
99 E. Ramsey St.
Banning, CA 92220
951-922-3131
[email protected]
Casc Engineering and Consulting has developed the following Scope of Services and Schedule of Feesfor additional services required on your project. These services are being provided to you outside of the original Scope of Services and Schedule of Fees. You will be invoiced for this work in accordance with the fee schedule below and our standard hourly fee rate schedule.
SCOPE OF SERVICE
See Attachment “A”
SCHEDULE OF FEES
See Attachment “B”
This additional work order is an addendum to the existing contract. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced Scope of Services, please sign and return this form to Casc Engineering and Consulting so that work efforts may commence. A faxed/emailed copy of the signed additional work order is acceptable.
Sincerely,
Casc Engineering and Consulting, Inc.
Frank Coyle
Director of Planning
Authorized by:
City of Banning
By:
Name/Title:
Date:
Date: April 3, 2025
Job No.: 1345-0004
Addendum No.: 04
Description: Environmental Services/
Focused EIR, Planning Services, GIS Services,
and Meetings/ Coordination
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ATTACHMENT “A”
SCOPE OF SERVICES
Environmental Services/Focused EIR
A. UPDATE CEQA PROJECT DESCRIPTION
Casc will update the CEQA Project Description to reflect modifications to the Land Use Element Update Parcel Inventory.
Modifications include:
• Change the proposed land use designation for thirteen (13) parcels from Industrial to Low Density Residential as requested by City staff on March 13, 2025. • Add eleven (11) new parcels to the Parcel Inventory with a proposed land use designation of Low Density Residential as requested by City staff on March 20, 2025. Split zoning is proposed for APN: 541-271-004, as requested by City Staff.
The updated Project Description will be utilized in the Notice of Preparation (NOP), Initial Study and Focused Environmental Impact Report (EIR). The Project Description will include information required to define the project for purposes of an EIR, including a clear explanation of the development components of the proposed project; a description of the demolition, construction, and operational activities associated with the project and clearly illustrated project features. The PD will also list the required discretionary approvals.
Note: Any revisions to the PD after City review and approval, may require separate authorization.
B. UPDATE TECHNICAL STUDIES IN SUPPORT OF CEQA DOCUMENT Casc’s subconsultant, Urban Crossroads, will update the following technical studies based on the updated Project Description:
Task B.1 Air Quality & Greenhouse Gas Study Update
• Re-run CalEEMod 2022.1 based on the revised project description as noted in Task A and changes to the land uses. • Prepare a revised air quality and greenhouse gas report that incorporates the findings and all supporting calculations.
Task B.2 Vehicle Miles Traveled (VMT)
• Urban Crossroads will modify the RIVCOM horizon year model to reflect the reflect the updated Land Use Element Parcel Inventory. As this model is based on socioeconomic data compiled by WRCOG with input from its member agencies, adjustments to the traffic analysis zones (TAZ) within the City and its sphere of influence. • Run the RIVCOM model and with the appropriate model output files calculate project generated total VMT and VMT per service population (i.e. population and employment) for the updated Land Use Element Parcel Inventory.
This will be done for both the base year and horizon year traffic models and for both the City of Banning and its sphere of influence.
• Calculate citywide VMT summing all VMT on roadways within the City boundary using the boundary method for the With Project, which includes Land Use Element Update Parcel Inventory condition. • Compare VMT and VMT per service population results for the proposed General Plan with updated Land Use Element Parcel Inventory to the current baseline year and future year No Project conditions. • Revise the draft report based on comments provided by the Lead agency for up to 1 review cycle.
Task B.3 Level Of Service (LOS)
• Based on the updated traffic model changes, traffic model forecasts will be generated for roadway segments within the study area. Update will include revising all applicable exhibits, trip generation, traffic volumes, and associated roadway segment operations analysis for the following analysis scenario:
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o General Plan Buildout With Project Conditions
• If applicable, recommend improvements necessary to maintain acceptable intersection performance at the study area intersections for each of the future traffic scenarios described in first bullet. • Prepare a revised traffic report that incorporates the findings and all supporting calculations.
Task B.4 Noise Analysis Update
• Review the proposed updated land use plan.
• Update the off-site traffic noise analysis section based on the updated land use plan. • Update results in the noise impact analysis report addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the identified impacts. • Revise the noise study report based on comments provided by the Client and Lead agency for one review cycle.
C. EIR SCOPING MEETING
During the public review period of the Notice of Preparation (NOP), Casc will attend and lead one (1) public scoping meeting. Casc will prepare a scoping meeting presentation, attend the meeting, monitor comments received, answer questions as directed by the City, and provide a summary of public comments with regard to any environmental concerns raised. Input will further identify the issues to be addressed in the EIR. The summary of comments received will be appended to the EIR. Meeting materials will be provided in English only. If the City should request the public scoping materials be printed by Casc, this will be a direct cost.
Note: If additional scoping meetings are required, separate authorization may be required.
D. PREPARE 1ST SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) Based on the results of the technical studies prepared by Urban Crossroads, it has been determined that the most appropriate CEQA document for the proposed Project is a Focused EIR. Casc will update the previously prepared Initial Study with the updated Project Description. The Initial Study will be used to screen out topics that don’t require further analysis in the EIR in accordance with CEQA Guidelines. Casc will prepare a 1st Screencheck of the Draft EIR for the City’s review. The Draft EIR will include required components of an EIR pursuant to CEQA Guidelines Article 9. The EIR will analyze up to ten (14) environmental factors in accordance with the City’s CEQA checklist. If more topics are required to be covered in the Draft EIR, these will be completed under separate authorization.
Executive Summary
In accordance with CEQA Guidelines Section 15123, the Executive Summary will briefly describe the project’s impacts, the appropriate mitigation measures that would reduce and/or avoid impacts, areas of known project controversy, and project alternatives.
Introduction & Purpose
Casc will prepare the “Introduction and Purpose” section of the EIR in accordance with CEQA Guidelines. This section will introduce the EIR’s compliance with CEQA, the approach for preparing the EIR, the intended uses of the EIR, the scoping process, the format of the document, as well as identifying the City of Riverside’s authority as the Lead Agency under CEQA.
Project Description
Casc will prepare a Project Description for the EIR in accordance with CEQA Guidelines Section 15124. This task includes incorporating the Project Description from the Initial Study with the information required to define a project within an EIR, including a statement of project objectives, precise project location, a description of the project’s technical, economic and environmental characteristics, and a statement describing the intended uses of the EIR. Additionally, the project description will include a description of the physical environmental conditions in the vicinity of the project in accordance with CEQA Guidelines Section 15125.
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Cumulative Effects
In accordance with CEQA Guidelines Section 15130, the EIR will address the potential cumulative effects of the project in combination with other reasonably foreseeable projects within the Project area. Casc will use the cumulative project list identified in the Project’s Traffic Impact Analysis that was developed through consultation with planning and engineering staff from the City of Riverside. As set forth in CEQA Guidelines Section 15130, the cumulative analysis will focus on impacts to which the project has made a significant incremental contribution. The analysis will reflect the severity of the impacts and their likelihood of occurrence and will be guided by standards of practicality and reasonableness.
Environmental Impact Analysis
The “Environmental Impact Analysis” section of the EIR will provide a detailed environmental analysis of the existing conditions, project impacts (including direct and indirect, short-term and long-term, and cumulative), recommended mitigation measures, and unavoidable adverse impacts. This section will include the approach to environmental analysis, identify the environmental topics to be discussed, the organization of each environmental issue section, identify the applicable thresholds and level of significance, as well as the format used for impact analysis and applicable mitigation measures. The environmental issues covered in this section will be determined based off the Project’s Notice of Preparation and Initial Study. Casc anticipates up to ten (10) topics to be covered in the EIR.
Note: If additional topics are required to be analyzed in the EIR, a separate authorization may be required.
Alternatives
Pursuant to CEQA Guidelines Section 15126.6, the EIR will evaluate a range of reasonable alternatives to the Project, or to the location of the Project, which would feasibly attain most of the basic objectives of the Project but would avoid or substantially lessen any of the significant effects of the Project and evaluate the comparative merits of the alternatives. Casc will work with the City to identify and evaluate up to three (3) Project alternatives, including a “no project” alternative as required by CEQA Guidelines Section 15126.6 [e]. As required by CEQA Guidelines Section 15126.6, Casc will identify the Environmentally Superior Alternative.
Other CEQA Considerations
This section will address the CEQA-required issues of significant environmental effects that cannot be avoided (CEQA Guidelines Section 15126[b]), significant irreversible environmental changes (CEQA Guidelines Section 15126[c]), growth inducing impacts (CEQA Guidelines Section 15126[d]), and energy conservation (CEQA Guidelines Section 15126.4).
Effects Found Not to be Significant
This section will provide a brief description of each environmental topic found to not be significant or less than significant based on the NOP and Initial Study, or further evaluation in the EIR.
References and Preparers
Thissection will list all resources used in the preparation of the EIR. In accordance with CEQA Guidelines Section 15129, the EIR will identify all agencies, organizations, and individuals consulted during the preparation of the document, as well as the agency representatives and firms that were involved with EIR preparation.
Technical Appendices
Pursuant to CEQA Guidelines Section 15147, supporting technical information will be appended to the EIR. This includes but is not limited to technical studies, modeling data, and correspondence.
Deliverables:
• One (1) 1
st Screencheck Draft Environmental Impact Report in Word format. • One (1) 1
st Screencheck Draft Environmental Impact Report in .pdf format. 1044
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• One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
E. PREPARE 2ND SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) - OPTIONAL* Casc will respond to one (1) set of City comments on the 1st Screencheck Draft EIR. This scope of work assumes that comments will be provided either in written form or as tracked changes within the Word files. Upon receipt of the sets of comments, Casc will prepare the 2
nd Screencheck Draft EIR, which will show changes made in underline/strikeout.
If extensive comments are received following the submittal of the 2 nd Screencheck Draft EIR, separate authorization will
be required.
Deliverables:
• One (1) 2
nd Screencheck Draft Environmental Impact Report in Word format. • One (1) 2
nd Screencheck Draft Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
F. PREPARE CIRCULATION DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) Upon receipt of any final comments from the City, Casc will prepare the Circulation Draft EIR and issue it for public review. Casc will provide the Notice of Completion (NOC) to the State Clearinghouse to formally begin the 45-day public review process. Casc will provide electronic files to the City for posting on the City’s website including the Draft EIR and Appendices.
Deliverables:
• One (1) Circulation Draft Environmental Impact Report in Word format. • One (1) Circulation Draft Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
G. PREPARE RESPONSE TO COMMENTS RECEIVED DURING 45-DAY PUBLIC REVIEW PERIOD Casc will prepare written Responses to Comments (RTC) received on the Draft EIR that raise significant environmental issues and submit them for City staff review after the close of the public comment period The responses to comments will be prepared in accordance with CEQA Guidelines Section 15088and the City’s CEQA implementation procedures.
Casc assumes up to forty (40) hours for Response to Comments and assumes an additional forty (40) hours to update the remaining sections of the Final EIR. If additional hours are required to complete this task, they will be provided under separate authorization. The following steps are proposed:
o The City will compile and transmit to Casc all written comments on the Draft EIR no laterthan the first business day after closure of the 45-day public review period. We strongly recommend that comments be forwarded to Casc as they arrive to allow an early start on response preparation. o Casc will confer with City staff regarding comments received in order to develop a general framework and strategy for preparation of responses. The format of the Final EIR will be as an attachment of responses to comments to the text of the Draft EIR.
o Responses within this proposal’sscope of work and budget consist of explanation, elaboration, or clarification of the data contained in the Draft EIR.
Deliverables:
• One (1) copy of Response to Comments in Word format.
• Once copy of Response to Comments in .pdf format.
Caveat: If significant new information is added to the EIR based on public comments and recirculation of the EIR is required, separate authorization will be required for recirculating the draft EIR. 1045
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H. PREPARE 1ST SCREENCHECK FINAL ENVIRONMENTAL IMPACT REPORT (EIR) Casc will prepare the Final EIR in accordance with CEQA Guidelines Section 15132. The intent of the 1 st Screencheck
Final EIR is to allow City staff to review the final changes to the Final EIR prior to certification. It is anticipated that any comments on the 1
st Screencheck Final EIR would concern minor points and not require major revisions. Casc will respond to all of City comments on the Final EIR. This scope of work assumes that comments will be provided either in written form or as tracked changes on the Word files. Upon receipt of the consolidated set of comments, Casc will prepare the 1
st Screencheck Final EIR, which will show revisions in track changes.
Deliverables:
• One (1) 1
st Screencheck Final Environmental Impact Report in Word format. • One (1) 1
st Screencheck Final Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data and correspondence.
I. PREPARE FINAL ENVIRONMENTAL IMPACT REPORT (EIR)
Once City staff providesfinal comments on the 1
st Screencheck Final EIR, Casc will proceed with finalizing and producing the Final EIR for public review. Casc will provide electronic copies of the Final EIR to the City, which will be responsible for local distribution, noticing, and posting.
Deliverables:
• One (1) Final Environmental Impact Report in Word format. • One (1) Final Environmental Impact Report in .pdf format. • One (1) Technical Appendices folder that includes all technical studies, modeling data, and correspondence.
J. PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) NOTICES Casc will prepare the Notice of Preparation (NOP), State Clearinghouse Forms (NOC, Summary Form), Notice of Availability (NOA) and Notice of Determination (NOD) for the project within five (5) business days of EIR certification.
Additionally, Casc will mail the NOP and NOA to the City’s distribution list. Casc assumes that the City will file the NOD with the Riverside County Clerk.
Deliverables:
• NOP, NOA, NOD, NOC & Summary Form
• Certified mailed NOP and NOA to the City’s distribution list.
K. PREPARE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS Casc will prepare draft Findings and Facts in Support of Findings for each potentially significant unavoidable impact identified in the EIR and prepare a Statement of Overriding Considerations for the unavoidable significant impacts associated with the Project. As required by the CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The Statement of Overriding Considerations will rely on input from the Project Team regarding the benefits of the project. Casc’s Project Director will consult with the City to review draft findings and to finalize the findings. Casc will submit the proposed Update final Findings of Fact and the Statement of Overriding Considerations to the City for review and approval.
Planning Services
L. LAND USE ELEMENT & CIRCULATION ELEMENT FORMATTING
The original budget did not include extensive formatting, extensive changes to the Land Use and Circulation Elements.
Based on discussions with City staff, the existing land use and circulation elements were requested to be formatted into a horizontal template based on examples discussed between the consultant and the City. Casc prepared a preliminary style guide that served as a template for the Land Use Element to illustrate the page layout, headings and subsections, 1046
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graphics, charts, maps, etc. that is clear and easy to use. Casc has incurred a total of forty (40) hours to this Task and includes an additional fifty (50) hours for formatting the Land Use and Circulation Element of the General Plan. If additional hours for formatting are requested, they will be provided under separate authorization.
M. CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL*
Casc proposes to merge the City’s existing Chapter 1 (Vision Statement) and Chapter 2 (Introduction and Administration) into one (1) cohesive Chapter of the General Plan. This Chapter will be provided in the same format as the Land Use and Circulation Element and will include photos and any applicable graphics. The Introduction and Vision will include an introduction paragraph, updated vision statement, regional location of the City, community profile/demographics, a historical timeline, the vision, guiding principles, purpose of the plan, the need for the General Plan update, relationship to other planning documents, statutory requirements, organization of the Plan, and public involvement. This task includes up to one (1) review cycle. Minor comments are anticipated on this Section.
N. PUBLIC REVIEW DRAFT CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* Casc will incorporate comments received on the Administrative Draft and prepare the Public Review Draft. Casc will address one (1) set of minor comments before finalizing for public review. The City will be responsible for posting the Chapter on the City’s website and will remain posted on the website for a period of 30-days. Once public comments have been received and addressed, Casc will prepare the final document for Planning Commission. If extensive comments are received on the document, separate authorization may be required.
O. FINAL CHAPTER 1 – INTRODUCTION AND VISION -OPTIONAL* Casc will prepare the Introduction and Vision for Planning Commission and will respond to one (1) set of minor comments. Casc will then prepare the Final Introduction and Vision for City Council approval. If the Council has any comments on the Introduction and Vision, any updates to the Introduction and Vision will be provided under separate authorization.
GIS Services
P. LAND USE ELEMENT EXHIBITS
Casc will also update the existing land use and circulation exhibits and land use designation inventory to include the discrepancy identified in the City provided land use data based on discussions with City Staff on 03/13/2025. In addition, Casc will prepare three (3) exhibits for the Land Use Element (Redevelopment Areas, Focus Areas Exhibit, and Land Use Map) and two (2) additional exhibits for the Circulation Element (Bus Transit Route and Proposed Bicycle Facilities).
Q. EIR GIS EXHIBITS
Casc will update Exhibit 1-2, Proposed Amendment Areas and Exhibit 1-4, Proposed GPLU of the project description to reflect the proposed Project changes identified in Task A. This task also includes preparing any other required exhibits forthe EIR in accordance with CEQA Guidelines Section 15124. Thistask includestwenty-five (25) hours of GIS Specialist time.
R. CHAPTER 1 – INTRODUCTION AND VISION (EXHIBITS AND FIGURES) – OPTIONAL* Casc will prepare up to two (2) exhibits and one (1) infographic for Chapter 1 of the General Plan. This task assumes a Regional Exhibit and the City Boundary including the Sphere of Influence and Planning Areas. The infographic will provide a community profile summary including information such as the total land area, population, residential units, employees, and number of schools.
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Meetings and Coordination
S. WEEKLY AND BI-WEEKLY MEETINGS & COORDINATION – CITY (T&M) (NOVEMBER 2024 THRU MARCH 2026) Addendum No. 3 dated March 13, 2024, included two (2) tasks for Meetings and Coordination from January 2024-March 2024 and from April 2024 to October 2024. Casc has exhausted the existing T&M task due to weekly meetings, changes to the Project Description and schedule delays, and now will be preparing a Focused EIR. This task covers weekly meetings from November 2024 to April 2025 and bi-weekly meetings from May 2025 to March 2026. Thus, to continue the regular meetings, Casc’s Director of Planning, Frank Coyle, and two (2) Senior Planners will attend bi-weekly meetings and coordination time with the City of Banning in support of the scope of services identified in the contract and this addendum. Time for this item will be billed on a time and material (T&M) basis in accordance with our Standard Hourly Fee Rate Schedule. This Task includes a total of sixty (60) hours incurred between the months of November 2024 to April 2025. Casc will transition from weekly meetings to bi-weekly meetings beginning in May 2025 to economize on Project costs. It is anticipated that this Task will include approximately six (6) hours a month for approximately eleven (11) months for a total of sixty-six (66) hours. Thus, this task includes a total of 126 hours. If additional hours are required, they will be provided under separate authorization.
T. PROJECT MANAGEMENT COORDINATION
Casc will establish project management protocols to be maintained for the duration of the Project. This includes close collaboration with City staff, subconsultants, and applicable agencies via email and phone calls outside of weekly meetings; preparation of invoices; bi-monthly progress reports; cloud-based project folders; internal meetings to address potential obstacles; online time management, tracking, archiving, reviewing, assessing, and reporting; vetted draft deliverables are before submission; review upcoming deliverables; and meeting agendas. It is anticipated that this Task will include approximately four (4) hours a month for approximately twelve (12) months for a total of forty-eight (48)hours.
U. REFINEMENT OF PROJECT SCHEDULES
Casc has exhausted all of the budget allocated to the “Refinement of Project Schedules” under the original scope of work. Under the original scope, the budget allocated to this Task was based on an 18-month period. To economize on Project costs, Casc will update the Project schedule on a bi-monthly basis through March 2026. Casc has allocated a total of twelve (12) hours to this Task.
V. PUBLIC HEARING & COMMUNITY MEETING ATTENDANCE
Due to the preparation of a Focused EIR, Casc will attend one (1) Planning Commission and one (1) City Council hearing to answer any questions regarding the EIR. Additionally, Casc will attend one (1) community meeting during the 45- day public review period of the EIR. If additional attendance at hearing(s) are required, they will be provided under separate authorization.
W. ADDITIONAL GPAC MEETING
Casc will conduct one (1) additional virtual GPAC meeting to provide a recap of the project. This task does not include the preparation of a PowerPoint presentation, as this will be the City’s responsibility to prepare, in an effort to economize on Project costs. If a PowerPoint presentation is requested, separate authorization will be required. Casc will attend this GPAC meeting and transcribe meeting minutes.
X. MEETINGS AND COORDINATION (ENVIRONMENTAL)
Casc will coordinate with subconsultants, the City and Project stakeholders during the CEQA process. Casc will provide regular weekly updates to Staff regarding Project status, schedule maintenance, and budget expenditures during the preparation of the EIR. Casc has allocated a total of sixty (60) hours to this task. If additional hours are needed due to revisions to the Project Description, additional services outside of this Scope, and/or delays that impact the schedule, they will be provided under separate authorization.
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Y. CONTINGENCY TASK – OPTIONAL*
Casc proposes a contingency task to cover additional hours incurred through the preparation of the Land Use and Circulation Element, creation of GIS exhibits, research and data gathering, and additional meetings internally and with City Staff. If tasks are requested by staff that are outside of the scope of services, Casc will notify the City prior to billing to this task. This task will be billed on a Time and Materials (T&M) basis in accordance with our standard hourly fee schedule.
*If the project extends past the March 2026 deadline, separate authorization may be required for completion of the above tasks prior to start of work.
ATTACHMENT “B”
SCHEDULE OF FEES
ENVIRONMENTAL SERVICES/FOCUSED EIR
A. UPDATE CEQA PROJECT DESCRIPTION $880.00
B. UPDATE TECHNICAL STUDIES IN SUPPORT OF CEQA DOCUMENT - B.1 – Air Quality/Greenhouse Gas $8,400.00
B.2 - Vehicle Miles Traveled (VMT) $16,800.00
B.3 - Level Of Service (LOS) $9,800.00
B.4 - Noise $6,800.00
C. EIR SCOPING MEETING $2,800.00
D. PREPARE 1st SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) $49,905.00 E. PREPARE 2nd SCREENCHECK DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) – OPTIONAL*
$9,040.00
F. PREPARE CIRCULATION DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) $5,960.00 G. PREPARE RESPONSE TO COMMENTS RECEIVED DURING 45-DAY PUBLIC REVIEW PERIOD
$4,500.00
H. PREPARE 1st SCREENCHECK FINAL ENVIRONMENTAL IMPACT REPORT (EIR) $7,600.00 I. PREPARE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) $6,000.00 J. PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) NOTICES $3,520.00 K. PREPARE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS $6,000.00
PLANNING SERVICES
L. LAND USE ELEMENT & CIRCULATION ELEMENT FORMATTING $16,031.00 M. CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* $5,442.00 N. PUBLIC REVIEW DRAFT CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* $3,425.00 1049
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O. FINAL CHAPTER 1 – INTRODUCTION AND VISION – OPTIONAL* $2,950.00
GIS SERVICES
P. LAND USE ELEMENT EXHIBITS $5,200.00
Q. EIR GIS EXHIBITS $3,500.00
R. CHAPTER 1 – INTRODUCTION AND VISION (EXHIBITS & FIGURES) – OPTIONAL* $3,126.00
MEETINGS AND COORDINATION
S. WEEKLY AND BI-WEEKLY MEETINGS & COORDINATION – CITY (T&M) (NOVEMBER 2024 THRU MARCH 2026)
$24,400.00
T. PROJECT MANAGEMENT COORDINATION $6,270.00
U. REFINEMENT OF PROJECT SCHEDULES $1,794.00
V. PUBLIC HEARING & COMMUNITY MEETING ATTENDANCE $2,160.00 W. ADDITIONAL GPAC MEETING $1,365.00
X. MEETINGS & COORDINATION (ENVIRONMENTAL) $6,600.00
Y. CONTINGENCY TASK – OPTIONAL* $8,000.00
TOTAL DIRECT COSTS: $1,000.00
TOTAL (Without Optional Tasks): $197,285.00
TOTAL (With Optional Tasks): $229,268.00
REIMBURSABLE
Casc Engineering and Consulting (Casc) will invoice the Client for printing, binding, reproductions, plotting, deliveries, overnight delivery expenses, mileage, and overnight hotel stays, as incurred. Any additional costs incurred will be covered under a separate contract as approved and authorized by the Client. Casc has provided a Scope and Schedule of Fees in accordance with this representation. If, at any time, the Client determines that their representation is not correct, Client will be held liable for additional costs and will immediately notify Casc so that the appropriate cost adjustments can be made. 1050
City of Banning
General Plan Focused Amendments to the
Land Use and Circulation Elements
Contract Summary
Summary of City of Banning General Plan Update (Project) RFP July 22, 2020: The City of Banning (“City”) released an RFP on July 22, 2020, seeking a qualified consultant to amend the Land Use and Circulation Elements of its General Plan to align with Senate Bill 743, VMT Guidelines, and to reflect the 6
th Cycle Housing Element/Regional Housing Needs Assessment (RHNA). Specific planning documents to be updated by the consultant are as follows:
1. General Plan Land Use Element
2. General Plan Land Use Map
3. Zoning Map
4. Circulation Element including exhibits showcasing the City’s General Plan Street System The RFP identified an Initial Study/Mitigated Negative Declaration (IS/MND) as the appropriate CEQA document for the proposed project. Additionally, the RFP states that the City’s proposed list of parcel-specific land use changes is not finalized.
Casc Contract ($142,183) November 6, 2020: Casc submitted a proposal to amend the Land Use Element, Circulation Element, Land Use Plan and Zoning Map and to prepare an ISMND and associated technical studies including an Air Quality Impact Analysis, Greenhouse Gas Analysis and Noise Impact Analysisto be prepared by Casc’ssubconsultant Urban Crossroads. The proposal wasfor a total of $142,183 and was approved by City Council on November 6, 2020.
Deliverables
• Appendix A, Land Use Element Parcel Inventory
• Appendix B, Circulation Element Update Street Classifications • Banning General Plan Update Noise and Vibration Analysis, Urban Crossroads March 6, 2025 • Banning General Plan Update Air Quality Analysis, Urban Crossroads April 1, 2025 • Banning General Plan Update Greenhouse Gas Analysis, Urban Crossroads April 1, 2025 • SB18/AB52 Consultation request letters and mailings.
Addendum No. 1 VMT Analysis & Meetings/Coordination ($71,252) June 17, 2022: Per the City's request, Casc provided a scope of work for the preparation of a Vehicle Miles Traveled (VMT) Analysis. Services were provided by Urban Crossroads, which included updating travel demand models, calculating VMT for both existing and proposed General Plan assumptions, and documenting findingsin a technical report. Completion of the VMT Analysisrequired data from the Land Use Element Parcel Inventory. Casc originally allocated 60 hours, primarily used for meetings with City staff to revise the General Plan maps and circulation element. Due to the City’s request for bi-weekly meetings, Casc proposed an additional 48 hours over eight months, covering Planning Director, Associate Planner, and GIS Specialist time. Additionally, Casc included a Contingency Task for unforeseen hoursrelated to land use and circulation element preparation, GIS exhibits, data gathering, and further meetings, with prior notification to the City before billing.
Deliverables
• City of Banning General Plan Update Vehicle Miles Travelled (VMT) Analysis, Urban Crossroads, May 5, 2023 • Bi-weekly meetings with City staff
Addendum No. 2 LOS Traffic Study & Meetings/Coordination ($58,574) October 20, 2022: Pursuant to discussion with City Staff, Casc provided a scope of work for a Traffic Analysis, prepared by Urban Crossroads, to evaluate the roadway capacities of various roadway segments throughout the City. Data needed to complete the Traffic Analysis include finalized VMT Analysis, Parcel Inventory, and proposed Roadway Segment updates. For project 1051
City of Banning
General Plan Focused Amendments to the
Land Use and Circulation Elements
Contract Summary
management, Casc proposed up to 8 hours of coordination between the Director of Planning and an Associate Planner with the City and Urban Crossroads, billed on a time-and-materials basis.
Deliverables
• Banning General Plan Update Traffic Analysis, Urban Crossroads, June 7, 2023 • Coordination with City Staff & Urban Crossroads
Addendum No. 3 GIS Exhibits, Meetings/Coordination, VMT & LOS Updates ($63,247) March 13, 2024: In January 2024, seven (7) new APNs (listed below) were added to the Project Description (Appendix A Land Use Element Parcel Inventory) requiring updates to text, exhibits, the VMT Analysis and Traffic Study. 7 New APNs Added to Project Description (Add. No. 3)
• 538-261-001: LDR to VHDR
• 540-250-012: MDR to VHDR
• 540-250-013: MDR to VHDR
• 540-250-015: MDR to VHDR
• 541-103-024: LDR to VHDR
• 541-103-026: HDR to VHDR
• 541-110-004: HDR to VHDR
Additionally, Casc exceeded the original budget for GIS exhibits, having spent additional hours updating the PD with numerous changesrequested by Staff, including text and exhibits, coordination with City staff, and data corrections.
This included the creation of a new Fire & Hazard Severity Zone exhibit and other updates requested by the City.
Furthermore, from February 2023 to January 2024, additional hours were spent revisiting land use acreages and updating exhibits. Meetings and coordination also exceeded the existing budget, totaling 16 hours from January to March 2024, due to weekly meetings and schedule delays. For the period from April to October 2024, Casc anticipates approximately 96 additional hours for continued coordination.
Deliverables
• Updated CEQA Project Description
• Exhibit 1-2, Proposed Amendment Areas
• Exhibit 1-3, GPLU Overlays for Removal and Specific Plans • Exhibit 1-4, Proposed GPLU Map
• Exhibit 1-6, Proposed GP Circulation Exhibit
• Exhibit 1-7, Proposed GP Truck Routes
• Exhibit 1-8, Fire Hazard Severity Zone
• Interactive GPLU Map Banning WebMap
• Appendix A Modified, Land Use Element Parcel Inventory • Appendix B Modified, Circulation Element Update Street Classifications • City of Banning General Plan Update Vehicle Miles Traveled (VMT) Analysis, Urban Crossroads, December 20, 2024
• Banning General Plan Update Traffic Analysis, Urban Crossroads, January 16, 2025 • Coordination with City Staff & Urban Crossroads
• Weekly meetings with City Staff
Addendum No. 4 Environmental Services/Focused EIR, Planning Services, GIS Services and Meetings/Coordination ($197,285 w/o Optional Tasks; $229,268 w/ Optional Tasks) April 3, 2025: On March 13th and March 20th of 2025, the City requested the Project Description (Appendix A Modified, Land Use Element Parcel Inventory) be updated to include eleven (11) new parcels and change the proposed zoning for thirteen (13) parcels, as listed below. 1052
City of Banning
General Plan Focused Amendments to the
Land Use and Circulation Elements
Contract Summary
Existing Parcels Proposed Zoning Changed from Industrial to Low Density Residential
1. 541-280-009
2. 541-280-037
3. 541-280-011
4. 541-280-030
5. 541-280-031
6. 541-280-015
7. 541-280-016
8. 541-280-018
9. 541-280-020
10. 541-280-021
11. 541-280-022
12. 541-280-025
13. 541-280-024
New Parcels Added to Project Description (proposed zoning Low Density Residential)
1. 541-260-048
2. 541-260-025
3. 541-260-023
4. 541-260-015
5. 541-260-016
6. 541-271-026
7. 541-271-030
8. 541-271-029
9. 541-271-006
10. 541-271-007
11. 541-271-004 (proposed split zoning)
Addendum No. 4 addresses necessary updates to environmental analyses due to changes in the Land Use Element Parcel Inventory. The Project Description, exhibits, and technical studies—including VMT, Traffic, Air Quality, Greenhouse Gas, and Noise Impact Analyses—must be revised accordingly. As the Air Quality and Greenhouse Gas analyses have identified significant and unavoidable impacts, an IS/MND is no longer appropriate under CEQA.
Instead, a Focused EIR with a Statement of Overriding Considerations will be prepared, utilizing an Initial Study to screen out topics not requiring further analysis.
In addition to CEQA compliance, Casc will update GIS data to reflect project modifications and enhance visual aids for Chapter 1 of the General Plan. The addendum also includes coordination efforts for the remainder of the project with as-needed/bi-weekly meetings with City staff, progress reporting, and participation in public hearings and community meetings during the 45-day review period. Casc will facilitate additional GPAC meetings to keep stakeholders informed, with any extra meetings requiring separate authorization.
Originally, Casc’s contract aimed to update the Land Use and Circulation Elements with minimal restructuring to meetstate mandates. However, the City later requested a modernized General Plan with improved accessibility and engagement. This addendum allows for a redesigned template, integration of graphics and maps, reformatting of key elements, and the addition of an introductory chapter outlining the City's vision. This expanded scope ensures the completion of Chapters 1-3 as Phase 1, with future updates dependent on additional funding. This Addendum also addresses Meetings & Coordination to the anticipated public hearings. This Addendum has not yet been approved by the City.
1053
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-77, Awarding a Construction Contract for Project No. 2022-05 Ramsey Street and Omar Street Intersection Improvements, to Van Engineering, Inc. in the Amount of $649,954 and approving a 10% contingency for a total budget of “Not-to-Exceed” $714,949.40
RECOMMENDATION:
Adopt Resolution 2025-77.
BACKGROUND:
Based on collision data obtained from the UC Berkeley Transportation Injury Mapping System (TIMS) and existing site conditions, City staff determined that there is a significant traffic safety and operations issue at the unsignalized intersection of Ramsey Street and Omar Street. The intersection is a Tintersection, and it is one-way stop controlled on Omar Street. Ramsey Street is a four-lane roadway with two lanes in each direction separated by a large median. The two westbound lanes on Ramsey Street are at a higher elevation than the two eastbound lanes on Ramsey Street. There is no separated left-turn lane on Ramsey Street for the eastbound left-turn traffic to Omar Street. Vehicles making a left turn from Ramsey Street to Omar Street must wait in the eastbound travel lane creating a safety hazard for traffic traveling in the same eastbound direction.
On October 12, 2021, under Resolution 2021-91, the City Council approved Master Agreement 08- 5214S21 and a corresponding Program Supplement Agreement No. HSIPL-5214(013). The agreements authorize the City of Banning to start the Preliminary Engineering (PE) phase.
On June 14, 2022, the City Council approved Resolution 2022-68 awarding a Professional Services Agreement for the Design of Ramsey Street and Omar Street Intersection Improvements to Albert A. Webb Associates, Inc. in the amount of $39,698.
On March 20, 2025, staff released an Invitation for Bids (IFB) for Ramsey Street and Omar Street Intersection Improvements Project on the City’s public bidding platform. The bids were due on May 1, 2025. In response to the IFB, three (3) bids were received from the following consultants:
Contractor Amount
1) LC Paving & Sealing, Inc. $617,743
2) Van Engineering, Inc. $649,954
3) Onyx Paving Company $1,123,000
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LC Paving & Sealing, Inc., the lowest bidder, was disqualified due to failure to submit the bid bond by the required deadline. A bid bond is a crucial requirement in the procurement process, ensuring that the bidder is serious and will honor their bid if selected. Failing to submit it on time typically leads to automatic disqualification of the bid as it is often a mandatory condition for bid validity.
JUSTIFICATION:
The Project will improve the safety of the intersection of Ramsey Street and Omar Street by providing a left turn pocket for eastbound traffic heading north on Omar Street. The project will also install access ramps on Omar Street and sidewalks on both Ramsey Street and Omar Street.
Staff evaluated the bid proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Construction Contract to Van Engineering, Inc. in the amount of $649,954.
FISCAL IMPACT:
Staff recommends awarding an agreement to Van Engineering, Inc. in the amount of $649,954 and approving a 10% contingency in the amount of $64,995.40 for a total “not-to-exceed” project budget of $714,949.40.
The project costs are eligible and expected to be reimbursed through the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program (HSIP). Measure A and SB1 revenue will also be used as shown below:
Funding Source Amount
Caltrans HSIP Funds $485,730
Measure “A” $90,000
SB1 $150,000
Total $725,730
The project shall be funded through the following expenditure accounts:
Account No. Amount
101-4900-431.93-16 (Street Improvements – Measure “A”) $324,977 102-4904-431.93-15 (Street Improvements – SB1) $324,977 Appropriations from Measure A Street Fund 101 to Account No. 101-4900-431.93-16 in the amount of $324,977 and from SB1 Gas Tax Fund 102 to account 102-4904-431.93-15 in the amount of $324,977 are needed to fund the Construction Contract with Van Engineering, Inc.
The City of Banning will receive monthly reimbursements from the State of California.
ALTERNATIVES:
Do not adopt Resolution 2025-77 and provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2025-77, Omar Street Improvements.docx
2. C01158 Van Eng - Ramsey Omar Intersection Imp.docx
3. Resolution No. 2021-091.pdf
1055
4. Resolution No. 2022-068.pdf
5. Caltrans HSIP Finance Letter.pdf
6. Van Engineering Bid Proposal.pdf
1056
Resolution 2025-77
RESOLUTION 2025-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT FOR PROJECT NO. 2022-05 RAMSEY STREET AND OMAR STREET INTERSECTION IMPROVEMENTS TO VAN ENGINEERING, INC. IN THE AMOUNT OF $649,954 AND APPROVING A 10% CONTINGENCY FOR A TOTAL BUDGET OF “NOT-TO-EXCEED” $714,949.40
WHEREAS, the intersection of Ramsey Street and Omar Street poses safety issues to the motorists traveling eastbound on Ramsey Street; and WHEREAS, on October 12, 2021, under Resolution 2021-91, the City Council approved Master Agreement 08-5214S21 and a corresponding Program Supplement Agreement No.
HSIPL-5214(013); and
WHEREAS, on June 14, 2022, the City Council approved Resolution 2022-68 awarding a Professional Services Agreement for the Design of Ramsey Street and Omar Street Intersection Improvements to Albert A. Webb Associates, Inc. in the amount of $39,698; and WHEREAS, On March 20, 2025, staff released an Invitation for Bids (IFB) for Ramsey Street and Omar Street Intersection Improvements Project on the City’s public bidding platform.
WHEREAS, on May 1, 2025, in response to the IFB, three (3) bids were received ranging in costs from $617,743 to $1,123,000; and
WHEREAS, LC Paving & Sealing, Inc., the lowest bidder, was disqualified due to failure to submit the bid bond by the required deadline; and
WHEREAS, a bid bond is a crucial requirement in the procurement process, ensuring that the bidder is serious and will honor their bid if selected. Failing to submit it on time typically leads to automatic disqualification of the bid as it is often a mandatory condition for bid validity; and WHEREAS, the Project will improve the safety of the intersection of Ramsey Street and Omar Street by providing a left turn pocket for eastbound traffic heading north on Omar Street.
The project will also install access ramps on Omar Street and sidewalks on both Ramsey Street and Omar Street; and
WHEREAS, staff evaluated the bid proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Construction Contract to Van Engineering, Inc. in the amount of $649,954; and
WHEREAS, the total project budget of $714,949.40, which includes a 10% contingency, will be funded by Caltrans HSIP, SB1 and Measure A funds. The project costs are eligible and expected to be reimbursed by the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program (HSIP); and
WHEREAS, appropriations from Measure A Street Fund 101 to Account No. 101-4900- 431.93-16 in the amount of $324,977 and from SB1 Gas Tax Fund 102 to account 102-4904-431.93- 15 in the amount of $324,977 are needed to fund the Construction Contract with Van Engineering, Inc.
1057
Resolution 2025-77
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the Construction Contract with Van Engineering, Inc. in the amount of $649,954 and approving a 10% contingency for a total budget of “not-to-exceed” $714,949.40 for the Design of Sun Lakes Boulevard Extension.
SECTION 2. The City Council authorizes the City Manager, or their designee, to execute the Construction Contract with Van Engineering, Inc.
SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes and to execute the Construction Contract with Van Engineering, Inc.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 27th day of May 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
1058
Resolution 2025-77
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-77, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of May 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
1059
Resolution 2025-77
EXHIBIT A
Construction Contract with Van Engineering, Inc.
1060
C-1
CONTRACT (C01158)
CITY OF BANNING CONTRACT FOR
OMAR AND RAMSEY INTERSECTION IMPROVEMENTS & IFB 24-098
THIS CONTRACT (“Contract”) is made and entered this ___________________ (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and Van Engineering, Inc. (“Contractor”). Contractor’s California State Contractor’s license number is 1102034; Class A.
Contractor’s DIR registration number is 2000000589.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Ramsey/Omar Intersection Improvements (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Six Hundred Forty-Nine Thousand Nine Hundred Fifty-Four Dollars ($649,954.00) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
1061
C-2
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Debarment or Suspension.
Contractor represents and warrants that, as of the Effective Date of this Agreement, Contractor is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Contractor shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Contractor and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Contractor or any subcontractor becomes debarred or suspended during the Term of this Agreement, Contractor shall immediately notify City.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.
This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BANNING
By: .
Acting City Manager Date (“CONTRACTOR”)
APPROVED AS TO FORM:
By: By:
City Attorney Date Name: Date
Title:
ATTEST:
By:
Administrative City Clerk Date
City Council Approval: ______________
1062
RESOLUTION 2021- 91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AUTHORIZING THE EXECUTION OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION HIGHWAY SAFETY IMPROVEMENT PROGRAM STATE- AID MASTER AGREEMENT NO. 08-5214S21 AND PROGRAM SUPPLEMENT
AGREEMENTS NO. HSIPSL- 5214( 013) AND NO. HSIPSL- 5214( 014) WHEREAS, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program Benefit Cost Ratio category on October 15, 2020, for the purpose of making intersection improvements and installing sidewalks at the Omar/Ramsey Intersection; and WHEREAS, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program Funding Set-asides category on October 15, 2020, for the purpose of installing/ upgrading pedestrian crossings at four non-signalized intersections on Ramsey Street; and WHEREAS, the City of Banning was notified on March 26, 2021, that the two grant applications were approved; and
WHEREAS, Master Agreement 08-5214S21 and the two corresponding Program Supplement Agreements HSIPSL- 5214( 013) ( Ramsey- Omar Intersection Improvements and Sidewalk) for $18,800 and HSIPSL- 5214(014) (Ramsey St. intersections) for $13,300 must be executed with Caltrans before grant funds may be claimed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Authorizes the City Manager or his designee to execute the Caltrans Master Agreement 08-5214S21, Program Supplement Agreement No. HSIPSL- 5214( 013), and Program Supplement Agreement No. HSIPSL- 5214(014) and any related documents on behalf of the City of Banning.
PASSED, APPROVED AND ADOPTED this 12th day of October, 2021.
Resolution 2021- 91
City of Banning
1063
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
1064
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 , Californ ic;1
1065
RESOLUTION 2022-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
RAMSEY STREET AND OMAR STREET INTERSECTION IMPROVEMENTS TO ALBERT A. WEBB ASSOCIATES, INC. OF RIVERSIDE, CALIFORNIA IN THE AMOUNT OF $ 39,698 AND ESTABLISHING A TOTAL PROJECT BUDGET OF 43,667.80
WHEREAS, the intersection of Ramsey Street and Omar Street poses safety issues to the motorists traveling eastbound on Ramsey Street; and WHEREAS, on October 12, 2021, under Resolution 2021-91, the City Council approved Master Agreement 08-5214S21 and a corresponding Program Supplement Agreement No. HSIPL-5214(013); and
WHEREAS, on April 12, 2022, staff released a Request for Proposals ( RFP) for the Design of Ramsey Street and Omar Street Intersection Improvements to six ( 6) consultants on the on-call engineering list approved by City Council on September 10, 2019 under Resolution 2019-116; and
WHEREAS, on May 11, 2022, in response to the RFP, three (3) proposals were received ranging in costs from $ 39,698 to $ 164,366.75; and WHEREAS, staff evaluated the proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommends the award of a professional services agreement to Albert A. Webb Associates, in the amount of $39,698; and WHEREAS, the total project budget of $ 43,667.80, which includes a 10% contingency, will be funded by Measure A funds. The project costs are eligible and expected to be reimbursed by the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program (HSIP).
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Banning as follows:
SECTION 1. The Professional Services Agreement between Albert A. Webb Associates, Inc. and the City of Banning is hereby approved.
SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Professional Services Agreement on behalf of the City of Banning.
SECTION 3. The City Council hereby authorizes the City Manager to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement and to approve change orders within the 10% contingency.
Resolution 2022-68
1066
PASSED, APPROVED AND ADOPTED this 14th day of June 2022.
ATTEST:
Caroline Patton, D
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Kevin G . Ennis, City Attorney
Richards, Watson & Gershon
Resolution 2022- 68
Kyle Pingr : Mayor
City of Banning
1067
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2022-68, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of June 2022 by the following vote, to wit:
AYES: Happe, Pingree, and Wallace.
NOES:
ABSENT: Hamlin and Sanchez.
ABSTAIN:
Resolution 2022- 68
Caroline Patton, D ut City Clerk
City of Banning, California
1068
1069
1070
Line Item Description
Quantity Unit of
Measure Unit Cost Total
1 Mobilization/Demobilization (including
preliminary construction schedule, bonds,
insurance, permits and shall not exceed 5%
of the project total cost).
1 LS $30,000.00 $30,000.00
2 Traffic Control 1 LS $48,000.00 $48,000.00
3 SWPPP 1 LS $5,000.00 $5,000.00
4 Dust Control 1 LS $5,000.00 $5,000.00
5 Clearing and Grubbing 1 LS $25,000.00 $25,000.00
6 Remove and Dispose of Existing Pavement
Section
17812 SF $2.25 $40,077.00
7 Remove and Dispose of Existing AC Curb 764 LF $6.00 $4,584.00 8 Remove and Dispose of Existing Tree 5 EA $4,650.00 $23,250.00 9 Remove Existing Pavement 0.12’ 16547 SF $1.00 $16,547.00 10 Asphalt Concrete Pavement Overlay 0.12’ 143 TON $200.00 $28,600.00 11 Adjust Sewer Manhole to Finish Grade 3 EA $1,500.00 $4,500.00 12 Relocate Existing Water Meter 1 EA $7,500.00 $7,500.00 13 Relocate Existing Street Light Base 2 EA $13,200.00 $26,400.00 14 Relocate Existing Electric Pull Box 1 EA $3,000.00 $3,000.00 15 Sawcut Existing AC Pavement 1412 LF $2.00 $2,824.00
16 Construct 6” Asphalt Concrete Pavement 794 TON $195.00 $154,830.00 17 Construct 8” A.B Class II 545 CY $80.00 $43,600.00
18 Construct 6” Curb Type “D” per City of
Banning Std. No. C-203
858 LF $30.00 $25,740.00
19 Construct 6” Curb Type “A” per City of
Banning Std. No. C-200
408 LF $30.00 $12,240.00
20 Construct 6” Curb per City of Banning Std
No. C-204
162 LF $30.00 $4,860.00
21 Construct Access Ramp Type I per City of
Banning Std. No. C-214
2 EA $10,000.00 $20,000.00
22 Construct 4” PCC Sidewalk per City of
Banning Std. No. C-213
1262 SF $6.00 $7,572.00
23 Construct 10’ Wide Cross Gutter and
Spandrel per City of Banning Std. No. C-211
919 SF $20.00 $18,380.00
24 Signing and Striping 1 LS $16,700.00 $16,700.00
25 Remove and Reinstall Existing Cabble Stone
Paving
1 LS $30,000.00 $30,000.00
26 Landscape and Irrigation 1 LS $45,750.00 $45,750.00
Total $649,954.00
RAMSEY IFB 24-098 STREET AND OMAR STREET INTERSECTION Van Engineering Inc 1071
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: John Pinkney, Interim City Attorney
MEETING DATE: May 27, 2025
SUBJECT: Consideration of Resolution 2025-78, Adopting the Revised City of Banning Manual of Procedural Guidelines
RECOMMENDATION:
Adopt Resolution 2025-78.
BACKGROUND:
The City of Banning Manual of Procedural Guidelines (“Manual”) was last updated on October 8, 2024 with the adoption of Resolution 2024-164. To help streamline and make public meetings more efficient, the City Attorney suggested implementing Rosenberg’s Rules of Order as a framework that makes running public meetings more simplified and efficient. Additional modifications were discussed at the Council’s April 18, 2025, special meeting workshop. The proposed amendments are included in the agenda packet materials provided with this staff report.
JUSTIFICATION:
The proposed amendments to the Manual serve several important purposes intended to streamline and modernize the City’s governance practices, improve legislative transparency, and ensure compliance with statutory requirements. These updates reflect best practices in municipal procedure and enhance the City’s commitment to accountable and efficient public governance.
Adoption of Rosenberg’s Rules of Order:
The revised Manual formally adopts Rosenberg’s Rules of Order as a procedural framework for conducting meetings of all Brown Act bodies, including the City Council, Successor Agencies, and Commissions. This adoption: (i) promotes consistency and clarity in how meetings are conducted; (ii) provides a simplified and accessible structure for parliamentary procedure; and (iii) enhances meeting efficiency and decorum while preserving transparency.
Rosenberg’s Rules are adopted as a guideline, rather than as a rigidly binding code, and serve to supplement the Manual, not replace it. In the event of a procedural conflict, the provisions of the Manual will govern.
Introduction of Legislative Workshops:
The Manual introduces a new section governing “Workshops”, a meeting format that allows Legislative Bodies to convene in an informal setting to exchange information, explore complex issues, and engage in preliminary discussion without formal action. Workshops must still comply with the Brown Act and include public noticing and opportunities for public comment. However, the intent of the Workshop format is to create a deliberative space for members to receive staff briefings, ask clarifying questions, and discuss policy options in a collaborative environment, without pressure to take immediate action. This 1072
addition increases transparency, improves decision-making, and allows the public to observe the full context of policy development.
Exhibit B – Banning City Council Meeting Presentation Policy:
The revised Manual now includes Exhibit B, a codified Presentation Policy for City Council meetings.
This policy outlines the purpose, content standards, and logistical requirements for ceremonial and informational presentations conducted during City Council sessions. The Presentation Policy provides structure and clarity to ceremonial items, ensuring they remain consistent with the City’s mission, professional in delivery, and respectful of meeting time.
Updated Motion Cheat Sheet:
The previous version of the Manual included a custom “cheat sheet” summarizing motion procedures and parliamentary actions. As part of the Manual’s modernization, this document has been removed and replaced with the Rosenberg’s Rules of Order Motions Cheat Sheet, now incorporated as Exhibit C.
Rosenberg’s Rules offer a streamlined, legally sound, and easy-to-use reference for motions. The included motions guide provides clear instruction on how to introduce, second, debate, and vote on common actions such as adjournments, amendments, appeals, and calls for the question. This replacement ensures that all Legislative Body members and the public operate from a shared ,understandable and standardized procedural foundation, reducing confusion and increasing efficiency during public meetings. The replacement incorporates some of the original cheat sheet’s motions.
Minor Edits:
In addition to the substantive changes, the Manual incorporates numerous minor edits aimed at improving clarity, consistency, and readability.
FISCAL IMPACT:
Currently there are no fiscal impact of the proposed changes.
ALTERNATIVES:
Do not adopt Resolution 2025-78 and provide staff alternate direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution 2025-78, Procedural Manual.docx
2. Procedural Manual - Clean.pdf
3. Redline Banning Procedural Manual.pdf
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Resolution 2025-78
RESOLUTION 2025-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ADOPTING THE AMENDED CITY OF BANNING MANUAL OF PROCEDURAL GUIDELINES WHEREAS, on October 23, 2012, this City Council adopted Resolution No. 2012-83 approving the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings (“Manual”); and
WHEREAS, on April 23, 2013, the City Council adopted Resolution 2013-48 amending Article VII – Public Comment and Presentations – of the Manual to encompass and provide guidance for groups making presentations to the City Council and amend the time limit to speak during public comments to allow for up to five minutes to speak during a noticed public hearing; and
WHEREAS, on November 12, 2013, the City Council adopted Resolution 2013-103 adopting amendments to the Manual relating to decorum at legislative body meetings; and WHEREAS, on May 26, 2020, the City Council adopted Resolution 2020-67 adopting time limits for public comments on items not on the agenda; and WHEREAS, on February 14, 2023, the City Council adopted Resolution 2023-34, amending the Manual to add a City Treasurer’s Report under “Announcements and Reports” on the agendas of all regular meetings of the City Council; and, WHEREAS, on October 8, 2024, the City Council adopted Resolution 2024-164, amending the Manual to address deficiencies identified during a previous revision, incorporating structural and language changes, refining agenda preparation and meeting procedures, clarified rules on abstentions, introduced curfew for City Council Meetings, and aligning the Manual with legal standards.
WHEREAS, the City Council held a special meeting – workshop to discuss and propose recommended changes to the Manual on April 18, 2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the amended City of Banning Manual of Procedural Guidelines attached hereto 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 27th day of May, 2025.
Sheri Flynn, Mayor
City of Banning
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Resolution 2025-78
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
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Resolution 2025-78
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-78, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of May, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
1076
Resolution 2025-78
EXHIBIT A
City of Banning Manual of Procedural Guidelines
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CITY OF BANNING
MANUAL OF
PROCEDURAL
GUIDELINES
Adopted October 23, 2012, by City Council Resolution 2012-83 Amended April 23, 2013, by City Council Resolution 2013-48 Amended November 12, 2013, by City Council Resolution 2013-103 Amended May 26, 2020, by City Council Resolution 2020-67 Amended February 14, 2023, by City Council Resolution 2023-34 Amended October 8, 2024, by City Council Resolution 2024-164 1078
Table of Contents
Article 1 – Scope Of Manual ......................................................................................................................... 3 Article 2 – Meetings ...................................................................................................................................... 7 Article 3 – Notice And Agenda ................................................................................................................... 10 Article 4 – Closed Sessions ......................................................................................................................... 17 Article 5 – Order Of Business ..................................................................................................................... 19 Article 6– Public Comment And Presentations ............................................................................................ 24 Article 7– Noticed Public Hearings ............................................................................................................. 27 Article 8 - Meeting Officers ........................................................................................................................ 31 Article 9– Decorum And Order ................................................................................................................... 37 Article 10 – Parliamentary Procedures ........................................................................................................ 44 Article 11- Procedures For Consideration Of Demands For Corrective Action .......................................... 49 Article 12 – Miscellaneous .......................................................................................................................... 52 1079
ARTICLE 1 – SCOPE OF MANUAL
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ARTICLE 1 – SCOPE OF MANUAL
1.1 Application of Rules
This Manual (the “Manual”) shall establish the procedures for the conduct of all meetings of Banning’s City Council, Successor Agency to the Banning Community Redevelopment Agency, Housing Authority, Utility Authority, Financing Authority and other constituent governing bodies, and commissions including, but not limited to, the Planning Commission, Parks and Recreation Commission, Youth Council, Historic Preservation Commission, and Budget and Finance Committee.
For avoidance of doubt, this Manual shall apply to all City bodies subject to the Brown Act, including all standing committees and commissions established by the City Council.
This Manual rescinds and supersedes all prior City Council resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below). Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following:
City of Banning Resolution No. 2023-34;
City of Banning Resolution No. 2020-67;
City of Banning Resolution No. 2013-103;
City of Banning Resolution No. 2013-48;
City of Banning Resolution No. 2012-83
City of Banning Resolution No. 2004-43;
City of Banning Resolution No. 2003-06;
City of Banning Resolution No. 2000-41;
City of Banning Resolution No. 1999-31;
Banning CRA Resolution No. 2010-13; and
Banning CRA Resolution No. 1990-04.
1.2 Definitions
The following definitions shall apply to these rules and procedures:
Agenda The document that outlines topics to be discussed during a meeting.
Staff Report A document prepared by City Staff containing information and a recommendation about certain action(s) by the
Legislative Body.
Agenda Packet The agenda with accompanying staff reports for each agenda item.
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Legislative Body Any quorum of any council, board, commission or standing committee (as defined in Government Code § 54952), or
other governing body of the City of Banning that is subject to the Brown Act (Government Code § 54950 et seq.). This includes the Banning City Council, Banning Successor
Agency to the former Redevelopment Agency, Banning
Housing Authority Board, Banning Utility Authority,
Banning Financing Authority, Planning Commission, Parks and Recreation Commission, Youth Council, Historic
Preservation Commission, and Budget and Finance
Committee, and any standing committee subject to the
Brown Act. The term “Legislative Body” does not include Non-Governing Bodies, as defined below.
Presiding Officer The Chairperson of the Legislative Body. For example, this refers to the Mayor when read in the context of the City Council, the Board Chair in the cases of the Successor
Agency to the Redevelopment Agency and/or the Housing
Authority, and the Chair of any Commission.
Vice Chair The vice chairperson to the Presiding Officer. For example, the Vice Chair means the Mayor Pro Tem in the case of the City Council, the Vice Chairperson in the cases of the
Successor Agency to the former Redevelopment Agency
and/or Housing Authority, and the Vice Chairperson of any Commission.
Clerk/Secretary The person responsible for taking and maintaining the record of proceedings for all meetings, preparation of
agendas, calendar clerk, and custodian of rules, resolutions, ordinances and Legislative Body records. For example, the Clerk/Secretary refers to the Administrative City Clerk in the case of the City and the Agency Secretary in the cases of the Successor Agency to the former Redevelopment Agency and/or the Housing Authority.
General Counsel The legal advisor to the Legislative Body, such as the City Attorney in the case of a City Council meeting, or Agency Counsel in the cases of the Successor Agency to the former Redevelopment Agency and/or Housing Authority.
City Manager The Chief Executive Officer of the City, the Successor Agency to the former Redevelopment Agency, Housing
Authority, Financing Authority and Banning Utility
Authority. The City Manager may serve as the Secretary to the Successor Agency or Housing Authority, and the City Manager can designate appropriate staff to serve as the Clerk/Secretary to any Commission of the City.
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Non-Governing Bodies Wholly advisory committees and bodies that are not subject to the provisions of the Brown Act.
Sub-Legislative Bodies Such advisory committees which are subject to the Brown Act but are not “governing” Legislative Bodies.
Adjourned Meeting A meeting that is the continuation of a regular or special meeting which deals with unfinished business of the regular or special meeting.
These rules and procedures are enacted pursuant to authority granted by Government Code Sections 36813 and 54954. The purpose of this Manual is to provide procedures for Legislative Bodies that are consistent with the Brown Act and also to establish procedures that are convenient for the public and contribute to the orderly conduct of any Legislative Body’s business. The procedures herein are in addition to, and not in place of, Rosenberg’s Rules of Order, attached hereto as Exhibit “A,” and any applicable ordinances and statutes. Rosenberg’s Rules of Order are to be used as a guideline for the Legislative Body and such use is not intended to be rigidly binding and only serves as a recommendation. Rosenberg’s Rules of Order are intended to provide for constructive and efficient conduct of meetings. In the event of conflict between this Manual and applicable ordinances or statutes, the latter shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter. If there is any conflict between Rosenberg’s Rules of Order and this Manual, the provisions of this Manual shall govern. 1083
ARTICLE 2 – MEETINGS
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ARTICLE 2 – MEETINGS
2.1 General Guidelines for Conduct of Board Meetings – Rosenberg’s Rules of Order
All noticed meetings of Brown Act bodies are conducted using Rosenberg’s Rules of Order as a procedural guideline. Rosenberg’s Rules of Order are intended to provide for constructive and efficient conduct of meetings.
2.2 Regular Meetings
Unless otherwise specified by a resolution or ordinance applicable to a specific Legislative Body, the regular meetings of all Legislative Bodies shall be held on the second and fourth Tuesday of each month at the time designated by the Legislative Body, in the Council Chambers at City Hall, 99 East Ramsey Street, Banning, California 92220, or at such other locations as the Legislative Body may from time to time designate by resolution, in the order of adjournment, or in the notice or call of any special meeting. In the event the day of a meeting shall be a legal holiday, said meeting shall be held on the next business day.
2.3 Special Meetings
The Presiding Officer may, when he or she deems it expedient, or upon the written request of a majority of the Legislative Body, call a special meeting of the Legislative Body for the purpose of transacting the business designated in the call. The means or method for calling such special meeting shall be as set forth in the Brown Act as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call.
2.4 Special Emergency Meetings
A special emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists:
(a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or (b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law.
2.5 Attendance
A majority of members of the Legislative Body shall constitute a quorum. Less than a majority may adjourn from time to time and may compel the attendance of absent members. Except for City Council, any member who fails to attend any of the meetings of the Legislative Body for 60 consecutive days, unless such absences are excused, shall surrender the office, and be deemed to have surrendered the office. An absence is “excused” in non-emergency circumstances if the member provides the Clerk/Secretary with at least forty-eight (48) hours advance written notice of the member’s intended absence. In emergency circumstances, which is limited to a physical or family medical emergency that prevents a member from attending a meeting, an absence is 1085
“excused” if the member provides written notice of the member’s intended absence as soon as possible prior to the meeting.
2.6 Workshops
The Legislative Body may meet informally in conference or “workshops” regarding concerns of the Legislative Body to interchange information, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as special meetings or adjourned meetings, as applicable, and shall be subject to the Brown Act. Each notice shall indicate that an opportunity for public comment shall be provided before any matter shall be determined. When a meeting has been designated a workshop, the Legislative Body will not take any action with respect to the matter under review except with prior public notice, appearing on a properly posted agenda, of such intent to take action.
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ARTICLE 3 – NOTICE & AGENDA
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ARTICLE 3–NOTICE AND AGENDA
3.1 Notice and Agenda for Regular Meetings
For every regular Legislative Body meeting, the Clerk/Secretary, or their designee, shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth herein. The notice and agenda may be combined in a single document.
The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to the public twenty-four (24) hours a day during the seventy-two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other posted material. Specifically, the notice and agenda shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.2 Notice and Agenda for Special Meetings
For every special meeting, the Clerk/Secretary, or their designee, shall post a written notice specifying the time and place of the special meeting and the business to be transacted must be sent to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth herein.
The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twenty-four (24) hours a day and where the notice is not likely to be removed or obscured by other posted material. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.3 Notice and Agenda for Adjourned Meetings
The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held, within twenty-four (24) hours after the time of adjournment. When a regular or adjourned regular 1088
meeting is adjourned as provided herein, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings.
If the subsequent meeting is conducted within five (5) days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting is more than five (5) days from the original meeting, a new agenda must be prepared and posted pursuant to Government Code Section 54954.2.
3.4 Affidavit of Posting
Immediately following the posting of the notice and agenda, the Clerk/Secretary, or their designee, shall complete an Affidavit of Posting, in a form to be developed by the Clerk/Secretary.
The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The Clerk/Secretary shall retain all such affidavits, together with a copy of each notice and agenda so posted. The affidavit, notice, and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuant to Government Code Section 34090, shall not be destroyed by the Clerk/Secretary thereafter except in accordance with the City’s record retention policies.
3.5 Preparation of Agendas
Barring insurmountable difficulties, the agenda shall ordinarily be delivered to the members of the Legislative Body on Friday (as an informal deadline) preceding the meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the members of the Legislative Body, or in any case as required by the Brown Act.
Any Legislative Body member may have the City Manager place any business on the agenda that should be discussed under the item of the regular meeting agenda titled “New Items.” Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall advise the City Manager’s office of that fact not later than 12:00 noon on the Tuesday of the week preceding the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion under Item 11 (New Items) of the regular meeting agenda. The Legislative Body shall then determine whether the proposed item should be a future agenda item for discussion and deliberation by consensus. The City Manager shall advise the Legislative Body member of constraints affecting staff’s ability to produce an agenda report, and when the matter should be scheduled.
Notwithstanding the foregoing, the City Manager and the Mayor generally have responsibility for setting the agenda for the Legislative Body (except for any other legislative body where the responsibility may be assigned to the City Manager’s designee and the Chair of the body).
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3.6 Description of Matters
All items of business to be transacted or discussed at a meeting of the Legislative Body, shall be briefly described on the agenda. The description may, but need not, set out the specific action or alternatives which will be considered by the Legislative Body, but should contain sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. The description of closed session matters shall meet the requirements of Government Code Section 54954.2 and, where applicable, Section 54954.5.
Matters may be designated as “New Items” and listed for the sole purpose of determining if they will be on a future agenda.
3.7 Action Items
(a) Items may formally be adopted by an ordinance, a resolution, minute order, or other motion (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding but vary in the formality of respective memorialization. While most actions will be presented to the Legislative Body in a written form prior to, or at, the meeting, the Legislative Body may amend any proposed action as written by carried motion of the Legislative Body at the time of its presentation for adoption. If an action as written is amended by the Legislative Body, it shall be revised to reflect the Body’s amendments for later execution by the Presiding Officer.
(b) Besides ordinances and resolutions, action can be taken by motion and recorded as a minute order. A “minute order” denotes a Legislative Body action which is recorded simply by an item entered in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.
(c) As a general rule, a recorded majority of the quorum for a Legislative Body may take an action. However, for the City Council, resolutions, orders or the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council.
Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity to condemn property, require a super-majority vote. Under the Political Reform Act of 1974, a member with a financial conflict of interest regarding a matter before the member’s board must leave the room while that matter is being discussed, heard, or acted on, so that member cannot be counted towards the quorum for that matter.
3.8 Resolutions
(a) A “resolution” is a formal action with findings taken by the Legislative Body, generally pre-prepared in writing, designated by sequential number, and reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Legislative Body. Resolutions are used when specifically required by law, when needed as a separate evidentiary document to demonstrate findings or to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research.
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(b) A resolution may be adopted at the same meeting it is presented. Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Article 10, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. (c) Where a resolution cannot reasonably be prepared in advance of a meeting, the Legislative Body may instruct the City Manager or the General Counsel to prepare are solution for presentation at the next Legislative Body meeting. Where urgent, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Article 10, shall be followed.
3.9 Ordinances (City Council Only)
(a) The City Council is the only Legislative Body empowered to amend the Banning Municipal Code by adoption of ordinances.
(b) Ordinances, other than urgency ordinances, require at least two readings at different meetings held at least five days apart with the first reading considered to be introduction of the ordinance and the second adoption.
(c) A waiver of further readings requires a majority vote of the Council members present and voting. The waiver of further reading may be accomplished by one vote for all ordinances presented on the agenda of the present meeting. Government Code Section 36934. (d) The Clerk/Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. Ordinances shall be numbered and kept by the Clerk/Secretary with the same formality as resolutions as described above in Section 3.8. (e) An urgency ordinance is an ordinance adopted for the immediate preservation of the public peace, health, and safety, containing a declaration of facts constituting the urgency. An urgency ordinance takes effect immediately and requires a four-fifths vote of the City Council for passage pursuant to Government Code Section 36937.
3.10 Agreements
When any agreement is to be considered by the Legislative Body, the complete agreement, if complete in form for execution, shall be made a part of the agenda package presented to the Legislative Body and shall be made available for viewing by the public within the time frames required under the Brown Act and/or the California Public Records Act (Government Code Sections 7920.000 et seq.). The Legislative Body may choose to leave the final form of the contract to the discretion of General Counsel if the Legislative Body has determined the general conditions of the contract.
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3.11 Limitation of Actions by Agenda
No action or discussion shall be taken by the Legislative Body, on any item not appearing on a posted agenda, subject only to the exceptions listed in Section 3.13 below. “Action taken” as used herein shall mean a collective decision made by a majority of the Legislative Body, a collective commitment or promise by a majority of the Legislative Body to make a positive or a negative decision, or an actual vote by a majority of the Legislative Body upon a motion, proposal, resolution, order, or ordinance.
3.12 Public Comment Period
Pursuant to Government Code Section 54954.3, every agenda posted for any meeting shall contain an item entitled “Public Comment” in order to provide for an opportunity for the public to address the Legislative Body on items of interest to the public within the Legislative Body’s subject matter jurisdiction. The public comment period should be conducted in accordance with Article 6.
3.13 Exceptions to Agenda Requirement for Action Taken
The Legislative Body may take action at a meeting on an item not appearing on the agenda for that meeting only under one of the following circumstances:
(a) Upon a majority determination that an “emergency situation” exists that is either (i) a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, or (ii) a dire crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a Legislative Body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both. All discussion of such emergencies must be in open session. (b) Upon a determination by a two-thirds (2/3) vote of the Legislative Body, or if less than two-thirds (2/3) of the Legislative Body are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting. For the purposes of this subsection, the term “need to take action” shall mean those circumstances whose occurrence creates a situation which is materially different from that which existed at the time the agenda was posted, and which requires the immediate attention of the Legislative Body. The mere failure of any person to notify the Legislative Body or staff of a pre-existing situation requiring Legislative Body attention until after the time for the posting of the agenda shall not be deemed to constitute a “need to take action” hereunder. If the Legislative Body makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the “need to take action” and why the item could not be placed on the agenda.
3.14 Minutes and Recordings
(a) An account of the actions taken in all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare a record of the actions taken by the Legislative Body during open meetings, which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the Minutes may be 1092
made only as to factual accuracy of the actions taken and not as to a change of intent. The Minutes of the meeting shall not be verbatim but rather shall be summary minutes. Only the best and most complete available audio recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim audio record of the meeting is not available. (b) Any recording of a meeting made by or at the direction of the Legislative Body is a public record that must be retained and made available to the public in accordance with the Public Records Act. The Legislative Body must provide to the public, without charge, equipment to review the recording.
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ARTICLE 4 – CLOSED SESSIONS
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ARTICLE 4 – CLOSED SESSIONS
4.1 Generally
The Legislative Body may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. Public comment shall be permitted on closed session matters prior to the closed session. If a closed session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for the closed session. During closed session, the Legislative Body shall exclude all persons which it is authorized by State law to exclude from a closed session. There shall be no closed session during any special emergency meeting. Closed session may not be held regarding a matter not listed on a properly posted agenda for closed session except upon the Legislative Body first taking action to place the item on the agenda as a closed session item as permitted by law.
4.2 Persons Authorized
Persons present in the closed session shall be only those persons necessary to the discussion of the matter under consideration. All other persons shall be excused. The Council may request the Clerk/Secretary to attend closed session of the Legislative Body and may direct the Clerk/Secretary to enter into a minute book a record of any reportable decisions made at the meeting
4.3 Confidentiality
The minute book for any closed session is not a public record and shall be kept confidential and shall be available only to members of the Legislative Body or as otherwise provided by law. (Government Code § 54957.2(a).) No person attending a closed session shall publicly discuss or otherwise reveal the proceedings in the closed session unless such publication has been approved by the vote of the Legislative Body taken during the closed session or as otherwise required by law. Violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 9.5 herein.
4.4 Public Reports
Before recessing into closed session, the Presiding Officer or General Counsel shall announce that the Body is recessing into closed session and shall name each closed session topic that will be discussed in closed session.
Upon leaving closed session, the Presiding Officer or General Counsel shall report publicly any reportable actions taken on a closed session matter and, if any vote was taken, shall announce that the matter was put to a vote, the results of the vote, and how each Legislative Body member voted.
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ARTICLE 5 – ORDER OF BUSINESS
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ARTICLE 5 – ORDER OF BUSINESS
5.1 Order of Business
The order of business of each meeting shall be as contained in the agenda prepared by the Clerk/Secretary unless the majority of the Legislative Body members consent to take items out of order. The order of business at meetings of the Legislative Body may be as follows, in accordance with the procedures specified below:
1. Call Meeting to Order.
• Pledge of Allegiance
• Roll Call
2. Agenda Approval.
3. Presentations.
4. Closed Session Report, if applicable.
5. Public Comments, Correspondence, Appointments, and Reports.
6. Consent Items. (See Section 5.3 below.)
7. Public Hearings.
8. Reports of Officers.
9. Discussion Items.
10. Announcements from Legislative Body Members.
11. Items for Future Agendas (New Items; Existing Items).
12. Adjournment.
5.2 Call to Order
The meeting of the Legislative Body shall be called to order by the Presiding Officer, or the Vice-Chair in the Presiding Officer’s absence. In the absence of both the Presiding Officer and Vice Chair, the meeting shall be called to order by the Clerk/Secretary and the three Legislative Body members present shall elect by majority vote a Presiding Officer for that meeting.
5.3 Consent Items
Matters of a routine or generally uncontested nature and non-controversial, shall be placed on the agenda as Consent Items and may be approved by the Legislative Body in a single motion by adoption of the Consent Calendar. Matters of a routine or generally uncontested nature and non-controversial may include a matter where the City Manager believes (i) the matter would most likely be unanimously approved by the Legislative Body, or (ii) there is not likely to be public comment on the matter, or (iii) a public presentation of the matter would not be particularly beneficial to the community or public interest. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. All matters on the Consent Calendar shall be the subject to public comment procedures in Article 6. Upon the request of any member of the Legislative Body or upon the request of a member of the public made through the Presiding Officer, a matter may be removed from the Consent Calendar for separate discussion and/or action. Any such item shall be considered as part of the Excluded Consent Calendar. Each matter proposed for consideration as part of the Consent Items, including any recommended action, shall be described on the notice and agenda posted for the meeting. Ordinances shall not be 1097
placed on the Consent Calendar for approval unless the ordinance has first been read or the reading of the ordinance has been waived as required by law.
5.4 City Representatives and Advisory Bodies (City Council Only) (a) From time to time the Council may be required to assign a representative of the City to non-City boards, commissions, or organizations (e.g., boards or commissions of another agency or joint powers authority). Except as otherwise required by law or by the policies of the non-City organization, the Mayor shall make all such appointments of City representatives on nonCity organizations after consultation with the City Council. Council appointments to non-City organizations shall be considered and made with the goal of keeping the appointee in the organization for a long enough period of time that the appointee may gain seniority and/or a position of leadership within the organization. This goal shall be construed to mean that the same appointee should remain within a non-City organization for at least two years where reasonably possible and convenient for said appointee. Nothing herein, however, shall be construed to limit or waive the City Council’s power to remove appointees pursuant to subsection (c) below. (b) The City Council shall have the power to establish advisory committees, commissions, other Legislative Bodies and Non-Governing Bodies. Any committee which is (i) established by ordinance, resolution, or other formal action, (ii) has a fixed regular meeting schedule, (iii) has continuing subject matter jurisdiction over a non-temporary issue, (iv) which continues to conduct business in excess of 180 days, or (v) has a majority membership of officials from other Legislative Bodies, shall be subject to the provisions of the Brown Act.
Advisory bodies and committees may take the following form:
i) The Council may, as the need arises, authorize the appointment of “ad hoc” Council committees composed of two members. Except where otherwise specifically provided by law, the Presiding Officer shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. ii) The Council may, subject to the Brown Act, create other committees, boards, and commissions, whether Legislative Bodies or Non-Governing Bodies, to assist in the conduct and operation of the City government with such jurisdiction and duties as the Council may specify. Except as otherwise required by law, the Mayor shall make appointments of members to such committees, boards, or commissions subject to the approval of the Council. The procedure of filling vacancies and provision of notice thereof shall be subject to the provisions of the Maddy Act (Government Code, Sections 54970-54974).
iii) Sub-Legislative Bodies, including Non-Governing Bodies, shall be responsible for reporting the Body’s activities to the City Council. The members of a SubLegislative Body or Non-Governing Body shall operate within the jurisdiction established by the Council and shall not have authority to make subcommittees unless specifically granted such authority by action of the City Council. Staff members may be assigned to assist any Councilcreated committee by the City Manager; staff members so assigned shall not be members of the committee unless specifically appointed as such by action of the Council. 1098
(c) Absent any other provision to the contrary, members of any non-City organization, or City committees, boards or commissions may be removed by the Council without cause by a majority vote of the City Council. Any member of the City Council may place the question of such removal on the agenda. Any committees, boards, or commissions so created may be abolished by a majority vote of the City Council by repeal of the enacting ordinance or resolution.
5.5 Budgets
The City Council shall have the power to approve the City budget, and each Legislative Body shall have the power to approve the budget of funds specifically apportioned to control of that Legislative Body (e.g., the Successor Agency Board shall approve the budget of the Agency and the Housing Authority Board shall approve the budget of the Authority). Approval of the budget constitutes approval of a proposed plan of expenditures and revenues. It does not constitute an authorization for expenditure. With respect to any given expenditure the applicable procedure shall be followed. Adoption of the budget does not, unless otherwise specified by resolution, constitute authorization for any specific employment class or position.
5.6 Items from Members, the City Manager, and the City Treasurer (a) There is a specific item on the agenda - “Announcements from Legislative Body Members” - for receiving general comments, announcements, and/or suggestions from members of the Legislative Body. This can be used to inform the public concerning upcoming events, report on members’ attendance at conferences and seminars, and for requests by members that staff look into specific matters. Legislative Body members shall report at this time on any conferences, seminars or other events they attended and for which they received compensation or reimbursement from the City. Such report should include the dates of attendance, and a brief description of the subject matter of topics covered at the events. These matters may not be discussed among the Legislative Body members, opined upon, or deliberated, and if they do not concern a matter on the agenda, shall be handled by the Presiding Officer according to the same procedures set out for Public Comment in Section 6.2. No action may be taken on such matters without being placed on a subsequent agenda.
(b) There is an agenda item referred to as “New Items.” Matters are listed under this item pursuant to Section 3.5 where a member has asked that the matter be scheduled for discussion of whether a future staff report should be prepared. The listing of the matter allows a discussion of whether a staff report should be prepared, or it may be held in the “Existing Items” section of the agenda to keep track of if the City Council determines that a staff report should be prepared for a future agenda.
(c) There is an agenda item referred to as “City Manager’s Report.” This may be used by the City Manager similarly to the item for members of the Legislative Body in Subsection (a) above to make announcements without separately listing the matter on the agenda, and subject to the same restriction that there may be no discussion or action on such matter. (d) There is an agenda item referred to as “City Treasurer’s Report.” The City Treasurer shall attend the meetings of the Legislative Body, unless excused. The City Treasurer may report on (i) the activities of the Budget and Finance Committee, and (ii) the duties of the City Treasurer as imposed under State law, except such duties otherwise delegated by the City Council to the City Clerk or the Administrative Services Director. 1099
(e) There is an agenda item referred to as “City Council Committee Reports.” Under this agenda item, City Council members may report on meetings of committees that City Council members are assigned to attend
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ARTICLE 6 – PUBLIC COMMENT AND PRESENTATIONS
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ARTICLE 6– PUBLIC COMMENT AND PRESENTATIONS
6.1 City Council Meeting Presentations
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value, including activities, events and infrastructure projects relating to the City, honors and celebrations for organizations, corporations and residents which reflect their service to the Banning community, honors, and recognitions for City staff for outstanding service or commitment to the City’s mission and goals.
Please Note: This is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics.
All presentations are to be no more than five minutes in length, including all speakers for the group being recognized. Please see the attached “Exhibit B” for a complete copy of the Banning City Council Meeting Presentation Policy contained and incorporated as an exhibit to this Manual.
6.2 Public Comment
At the beginning of any Legislative Body meeting, the public shall be afforded the right to comment on any and all issues (not on the agenda) within the subject matter jurisdiction of the Legislative Body. Such general public comment on non-agendized issues shall be taken at the beginning of the meeting under a “Public Comments” heading. Each speaker will be limited to a maximum of three (3) minutes to provide comments on non-agendized issues. With regard to matters not on the agenda, the Legislative Body may ask questions of persons who raise new matters during the Public Comment period or otherwise. However, all Legislative Body questions must be limited to facts-only informational inquiries, and the Legislative Body may not discuss the merits, express any opinions, or ask questions that convey opinions or thought processes with respect to any non-agendized issue. The public shall also be afforded the right to comment on every item appearing on the agenda prior to the Legislative Body’s consideration of that item, as provided in Section 6.5 below.
6.3 Time Limitations
The time limit to speak for public comments is five (5) minutes during a noticed public hearing and to provide comments on all other agendized items, provided that these limits do not apply to a project applicant speaking at a public hearing pursuant to Article 7. All such time limits shall be noticed on the agenda for the meeting. Notwithstanding these time limits, the Presiding Officer has the full prerogative to maintain meeting order and decorum as provided in Section 9.1 and Article 9 generally, and the Presiding Officer may reasonably reduce the time if there are a significant number of speakers or extend time if he/she finds such extension is reasonably necessary to allow the speaker to complete his/her message without repetition or unnecessary tangents.
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6.4 Reserved
(a) Additional Procedures for Public Comment on Agenda Items. Members of the public shall have the opportunity to address the Legislative Body on each and every item listed on the agenda. Public comment on agenda items must be heard prior to the Legislative Body’s consideration/discussion of the item. Public comments on an agenda item may be heard either in combination with the Public Comment period at the start of the meeting, or at the time the Legislative Body opens the item, or both, as determined by the Legislative Body and set forth in the agenda.
(b) The purpose of the public comment period is to receive input from the public, not to create a debate between the Members and the public. Members should generally refrain from debating members of the public during the period for public comment, but if Members desire to clarify comments by members of the public, they may ask factual questions, and if necessary, should do so during the public comment period.
(c) The Presiding Officer should clearly open and close the public comment period.
After the close of the public comment period or after a motion has been made, no member of the public shall address the Legislative Body without first securing permission of the Presiding Officer. 1103
ARTICLE 7 – NOTICED PUBLIC HEARINGS
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ARTICLE 7– NOTICED PUBLIC HEARINGS
7.1 Public Hearings; Notice; Fairness
(a) Matters noticed to be heard by the Legislative Body shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. (b) Legislative Body members shall not overtly or implicitly promise a particular action by City staff or by any Legislative Body. Where a Legislative Body member is contacted about an issue that will be presented to any Legislative Body of the City, it is appropriate to give a brief overview of City policy, to refer to City staff for further information, or to suggest that the concern be brought to the whole Council at the hearing or Council meeting, as appropriate. (c) All public hearing notices shall be issued and published in compliance with any statutory notice requirements applicable to the particular hearing at issue and such notice shall inform interested persons of the statute of limitations to challenge the validity any action taken Legislative Body on such matter.
(d) Although every Legislative Body member has a right to their own personal opinions, Legislative Body members should by their demeanor show an ability to listen to a variety of viewpoints and demonstrate a reasonable willingness to consider all sides of an issue before them.
For quasi-adjudicative matters involving public hearings, the members of the Legislative Body shall not prejudice the matter prior to the public hearing, shall be fair and impartial, and shall decide the matter based upon the evidence and the statutorily required findings. (e) For such matters, Legislative Body members should avoid expressing an opinion or divulging their thought process until after the public hearing has been completed.
7.2 Continuance of Hearings
(a) Any hearing being held or noticed or ordered to be held by the Legislative Body may, by order or notice of continuance, be continued, or re-continued to any subsequent meeting in the manner provided for adjourned meetings.
(b) When it is the decision of the Legislative Body to continue an item, which appears on the agenda, prior to hearing any report, testimony or taking evidence on the item, the Legislative Body may make such intent known at the beginning of the meeting. At that time, the public shall be offered the opportunity to speak regarding the intent to continue the item. At the time regularly scheduled for the hearing of the item, the Legislative Body shall then take action to continue the item after again informing the public of the intent to continue the matter. No testimony or evidence shall be taken at that time unless the speaker will not be available at the continued hearing date.
When the Legislative Body has continued the public hearing on an item after its commencement, persons testifying at the first public hearing may be permitted by the Presiding Office to again address the Legislative Body on the item at the renewed hearing, provided the testimony is not redundant.
(c) Continuances of a public hearing to a date certain need not be re-noticed unless (i) the hearing has not been continued to a date certain, or (ii) has been continued three or more times and the Presiding Officer believe confusion may be created as to the time of the hearing. 1105
7.3 Conduct of Hearings
(a) When a matter for public hearing comes before the Legislative Body, the Presiding Officer shall request that staff present the staff report and any other relevant evidence, but the presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. The Presiding Officer shall permit members of the Legislative Body to ask questions of staff but should prevent expressions of opinion by members of the Legislative Body before the conduct of the hearing.
(b) The Presiding Officer shall thereafter open the public hearing and inquire if there are any persons present who desire to address the Legislative Body on the matter. Any person desiring to speak or present evidence upon being recognized, may speak or present evidence relevant to the matter being heard. Any testimony shall be truthful. (c) Members of the Legislative Body who wish to ask questions of the speakers, during the public hearing portion, may do so but should be mindful that the purpose of the public hearing is to obtain testimony and evidence from the speakers, and not to debate the merits of the matter with speakers. Members should avoid debate and expressions of personal opinion until after the close of the public hearing. Unlike public comment periods, generally there should be no response to speaker comments until after the close of the hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. (d) All persons interested in the matter being heard by the Legislative Body shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the Clerk/Secretary as part of the record. Each speaker may only speak once during the public hearing unless the Legislative Body requests additional clarification later in the process.
(e) Upon closing of the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the Legislative Body without reopening the public hearing. If, however, the Legislative Body receives relevant new evidence after the close of the public hearing and such new evidence may impact the Legislative Body motion or vote, the Legislative Body may re-open the public hearing to obtain public comments upon such new evidence.
(f) The Presiding Officer has the prerogative to establish special rules, such as to require group spokesmen, to limit the number of speakers, to limit the total time for testimony, to allow speakers to give time to others, or otherwise control the hearing, provided that (i) speakers are treated fairly, and that (ii) any such special rules are announced in advance of their application.
The Presiding Officer always retains the prerogative to cut off speakers who are unduly repetitious, and to permit the extension of time to speakers.
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