Banning City Council
July 8, 2025

July 8, 2025
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. AGENDA APPROVAL
AGENDA

CITY COUNCIL - REGULAR MEETING

CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).

To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
https://us02web.zoom.us/j/82012644588?pwd=RwqtJC8xehLDKZvr3LEKOf9u8uP2pt.1 Dial in: +1 669 900 9128
Meeting ID: 820 1264 4588
Password: 92220
Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 INVOCATION
Performed by Pastor Doug Purcell of Banning United Methodist Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
July 8, 2025
1 3. PRESENTATIONS

3.1 City of Banning Purchasing Department has been awarded the National Procurement Institute's Achievement of Excellence in Procurement (AEP) award for 2025.

3.2 Acorns to Oaks Presentation

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

6. CONSENT ITEMS

6.1 Consideration of Resolution 2025-03 UA, Authorizing the Purchase of a 2026 Ford F-550 Regular Cab Chassis with a Wach’s Valve Skid for a Total Cost of $232,257.01

6.2 Consideration of Resolution 2025-98, Approving the Cooperative Agreement with Riverside County for Fire Services

6.3 Consideration of Resolution 2025-99, Approving a Professional Services Agreement (C01134) with Rincon Consultants, Inc. for Preparation of Annual Progress Reports on Housing to Fulfill Statutory Mandates Under Government Code Section 65400 and 65700

6.4 Consideration of Resolution 2025-100, Amending Administrative Policy (AP) No. B-35 – Grant Management/Administration

6.5 Consideration of Resolution 2025-101, Approving Amendment No.1 to the Professional Services Agreement with Rick Engineering, Inc. in the Amount of $20,930 for the Design of Recommendation: Recognize Procurement Staff for their hard work and dedication to the City of Banning and the procurement profession.

Recommendation: Requested by Mayor Flynn.

Phaedra Norton, Interim City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

5.6 CITY MANAGER'S REPORT

5.7 CITY ATTORNEY'S REPORT

5.8 CITY TREASURER'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

Recommendation: Adopt Resolution 2025-03 UA.

Recommendation: Adopt Resolution 2025-98.

Recommendation: Adopt Resolution 2025-99.

Recommendation: Adopt Resolution 2025-100.

City Council - Regular Meeting Agenda
July 8, 2025
2 Ramsey Street Water Main Replacement.

6.6 Consideration of Resolution 2025-102, Approving Final Parcel Map 38659 and Release the Map for Recordation; Authorize Staff to Sign the Project Improvement Agreement and Final Parcel Map; Accept Faithful Performance and Labor and Material Bonds for Public Improvements

6.7 Consider Resolution 2025-103, Approving a 2-Year Contract with a 1-Year Optional Extension to Terminix International Company, LP For City Wide Facilities and As-Needed Pest Control Services For a total of $75,000.

6.8 Consideration of Resolution 2025-104, Amending the Classification & Compensation Plan for the City of Banning

6.9 Consideration of Resolution 2025-105, Rescinding City Council Resolution 2025-59, Resolution 2025-60, and Ordinance 1609 for Approvals Related to an Industrial Development Consisting of 1,320,284-Square Foot Warehouse Building on Approximately 131.28-Acres of Vacant Land Generally Located East of Hathaway Street and North of Interstate 10

6.10Consideration of Accepting Easements from North Pointe Development for Right of Way, Maintenance and Access, and Temporary Construction necessary for the Sun Lakes Boulevard Extension Project

6.11City of Banning’s Hexavalent Chromium Compliance Plan

6.12Accepting a Quitclaim of Existing City Easements Related to the Improvement of Tract Map No. 37389-6, PA 9A Within the Atwell Specific Plan

6.13Consideration of Second Reading and Adoption of Ordinance 1610, Adopting the Fire Hazard Severity Zones within the City of Banning Based on Maps Provided by the California Department of Forestry and Fire Protection by Amending the Banning Municipal Code Section 8.16.020 and Chapter 15.28
Recommendation: Adopt Resolution 2025-101.

Recommendation: Adopt Resolution 2025-102.

Recommendation: Adopt Resolution 2025-103.

Recommendation:

Adopt Resolution 2025-104.

Recommendation: Adopt Resolution 2025-105.

Recommendation: Accept Easements from North Pointe Development for Right of Way, Maintenance and Access, and Temporary Construction necessary for the Sun Lakes Boulevard Extension Project
Recommendation: Receive and file.

Recommendation: Staff recommends that the City Council accept a quitclaim of existing easements from Tri Pointe Homes for electric utility purposes for Tract Map No. 37389-6, PA 9A within the Atwell development for the maintenance of the City-owned electric distribution system.

Recommendation: Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance 1610:

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, ADOPTING THE FIRE

HAZARD SEVERITY ZONES WITHIN THE CITY OF BANNING BASED ON MAPS

PROVIDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE City Council - Regular Meeting Agenda
July 8, 2025
3 7. PUBLIC HEARINGS

7.1 Public Hearing on Vacancies to Comply with Assembly Bill 2561

7.2 Consideration of (1) Resolution 2025-106, Approving the Banning Commerce Center Project by Sansone Group, Including a Design Review Application, Case DR 21-7017, for the Construction of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Generally Located North of the I-10 Freeway/E. Ramsey Street, East of N. Hathaway Street and Bisected by Wilson Street ("Project Site") and a Tentative Parcel Map Application, Case TPM 38576, for the Subdivision of the 131.28-acre Project Site into Three Numbered Lots for Private Development Improvements and Four Lettered Lots for Right-of-Way and Other Improvements; (2) Resolution 2025-107, Certifying the Environmental Impact Report (SCH No. 2022090102), Adopting Findings and a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Banning Commerce Center Project Consisting of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Located on the Project Site; and (3) Introduction and First Reading of Ordinance 1611, Approving a Development Agreement By and Between the City of Banning and JDJN Enterprises, LLC, a Missouri Limited Liability Corporation

8. REPORTS OF OFFICERS

8.1 Consideration of Resolution 2025-108, Authorizing the Submittal of a Grant Application Under the Bureau of Reclamation WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Program for Fiscal Year 2023 and for Fiscal Year 2024 for up to 25% of the Total Project Costs, Up To $30 Million, for the Wastewater Treatment Plant and Recycled Water Upgrades and Authorizing the City Manager to Executed Related Grant Agreement to Receive Funding

8.2 Consideration of Resolution 2025-109, Authorizing the Submission of an Application to the California Infrastructure and Economic Development Bank for Financing for the Wastewater Treatment Plant and Recycled Water Upgrades Project

8.3 Consideration of Resolution 2025-110, Approving an amendment to Purchasing Policy No. B30 to streamline and enhance the procurement and purchasing process

8.4 Consideration of Resolution 2025-111, Authorizing a Property Rental Agreement for the Wanderlust Pop-Up Food Truck Festival through December 27, 2025, the Extension of the Event's Temporary Use Permit (TUP) and the Continued Waiver of Certain Fees Associated with Event
PROTECTION BY AMENDING THE BANNING MUNICIPAL CODE SECTION 8.16.020 AND CHAPTER 15.28
Recommendation: Hold a public hearing; and Receive and file this report in compliance with AB 2561.

Recommendation:

1. Adopt Resolution 2025-106.

2. Adopt Resolution 2025-107.

3. Introduce and conduct first reading of, by title only, Ordinance 1611: AN ORDINANCE

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

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BANNING AND

JDNJ ENTERPRISES, LLC, A MISSOURI LIMITED LIABILITY CORPORATION Recommendation: Adopt Resolution 2025-108.

Recommendation: Adopt Resolution 2025-109.

Recommendation: Adopt Resolution 2025-110.

City Council - Regular Meeting Agenda
July 8, 2025
4 8.5 Consideration of Resolution 2025-97, Authorizing the Budget Appropriation for Lease Payments on Motorola Radios, Purchased Under Prior Resolution 2024-22, in an Amount Not to Exceed $641,560.80

8.6 Consideration of Resolution No. 2025-112 to Approve Budget Appropriation to fund the SWAG contract

9. DISCUSSION ITEMS

9.1 Chamber of Commerce lease agreement

10. ITEMS FOR FUTURE AGENDAS

11. ADJOURNMENT
Recommendation: To guide the City’s decision-making, staff recommends the City Council consider the following two primary options:

Option 1: Authorize approvals for extending event on Sundays through December 2025 (or July 2026) at 150 E. Ramsey Street, require Applicant cover sanitary costs, and waive fire inspection fees
Option 2: Authorize approvals for the event as an annual seasonal Summer event from the first Sunday in June through the last Sunday in August at 150 E. Ramsey Street
Provide direction on responsibility of sanitation for event, including possibility of City constructing a porta-potty enclosure and continue covering sanitation services through 2027, with annual Council review.

Recommendation: Approve Resolution 2025-97.

Recommendation: Approve Appropriation for SWAG contract in the amount of $48,502/month for a not to exceed total of $582,024 for FY2026 from the General Fund.

Recommendation:

Review lease agreement between the City of Banning and the Banning Chamber of Commerce

10.1 NEW ITEMS

10.2 EXISTING ITEMS
Next Regular Meeting – August 26, 2025
Zoom Community Standards for Public Meetings
By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.

Your microphone must remain on mute, and you may only unmute your microphone when/if you are recognized by the Mayor.

Your camera must be turned off unless/until you are recognized by the Mayor.

To indicate a desire to make Public Comment, you must use the Raise Hand function. The Mayor will not recognize those who have not used the Raise Hand function.

Public Comment from Zoom attendees will immediately follow in-person comment from members of the public in Council Chambers.

City Council - Regular Meeting Agenda
July 8, 2025
5 If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.

The chat function will be disabled for all City Council meetings on Zoom.

Estándares comunitarios de Zoom para Reuniones Públicas Al participar en esta reunión en Zoom, usted acepta cumplir con los Estándares Comunitarios para Reuniones Públicas de la ciudad de Banning. Los que atienden por Zoom que no cumplan con estos estándares pueden ser retirados de la sala de reuniones.

Su micrófono debe permanecer en silencio, y solo puede reactivar su micrófono cuando / si es reconocido por el alcalde.

Su cámara debe estar apagada a menos que sea reconocido por el alcalde.

Para indicar el deseo de hacer un Comentario Público, debe utilizar la función Levantar la mano. El alcalde no reconocerá a quienes no hayan utilizado la función Levantar la mano.

Los comentarios públicos de lo que atienden por Zoom seguirán inmediatamente los comentarios en persona de los miembros del público en las Cámaras del Consejo.

Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.

La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.

AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
July 8, 2025
6 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
July 8, 2025
7 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: July 8, 2025
SUBJECT: City of Banning Purchasing Department has been awarded the National Procurement Institute's Achievement of Excellence in Procurement (AEP) award for 2025.

RECOMMENDATION:

Recognize Procurement Staff for their hard work and dedication to the City of Banning and the procurement profession.

BACKGROUND:

The NPI AEP Award, officially the Achievement of Excellence in Procurement (AEP) Award®, is a prestigious recognition presented by the national Procurement Institute (NPI) to public and non- profit organization that demonstrate excellence in their procurement practices. It signifies a commitment to innovation, professionalism, productivity, e-procurement, and leadership within the procurement organization.

JUSTIFICATION:

The City of Banning has been awarded the AEP award for 2025, marking its 8th year in a row.

FISCAL IMPACT:
n/a
ALTERNATIVES:
n/a
BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 Agency History - By The Numbers.pdf
8 CALIFORNIA HISTORICAL AEP AWARDEES
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
CONS
City of Sunnyvale, CA 111111111111111111 1 1 1 1 1 1 1 1 26 County of Ventura, CA 111111111111111111 1 1 1 1 1 1 1 1 26 County of San Diego, CA 11111111111111111 1 1 1 1 1 1 1 1 25Orange County Sanitation District, CA 1111111111111111 1 1 1 1 1 1 1 1 24 County of Riverside, CA 111111111111111 1 1 1 1 1 1 21
City of Irvine, CA 111111111111 1 1 1 1 1 1 1 1 20City of Riverside, CA 111111111111 1 1 1 1 1 1 1 1 20San Diego County Regional Airport Authority, CA 11111111 1 1 1 1 1 1 1 1 16County of Sacramento, CA 1 1 1111 1111111 1 1 1 1 1 1 1 14 Orange County Fire Authority, CA 11 1111111 1 1 1 1 1 1 1 1 15 Orange County Transportation Authority, CA 1 1111111 1 1 1 1 1 1 1 1 15 Eastern Municipal Water District, CA 1 1 1 1 1111 1 1 1 1 1 1 1 1 12 City of Santa Clarita, CA 1 11 1111 1 1 1 1 1 1 1 1 12City of San Jose, CA 1 1111 1111 1 1 1 1 1 1 1 1 12County of Orange, CA 1 1111 1 1 1 1 1 1 1 1 12 Defence Construction Canada 1111 1 1 1 1 1 1 1 1 12
San Diego County Water Authority, CA 1 1 11 1 1 1 1 1 1 1 1 12 Harris County Department of Education 11 1 1 1 1 1 1 1 9City of Banning, CA 11111111 8City of Moreno Valley, CA 11111111 8County of Santa Clara, CA 1 1111111 7 McAllen ISD 11111 1 111111 6
City of Mountain View, CA 11111 111111 1 1 11111 5
City of Airdrie, AB Canada 1111 111 1111 4
Mathematica Inc 111 3The Metropolitan Water District of Southern California 1 1 11111111111 1111 111 3 City of McAllen 1111 1 1 1Alameda County Water District, CA 111111111 1 1 1 1 1 1 1 3California State University, San Bernardino, CA 111 3Santa Clara Valley Transportation Authority, CA 1 111 11 2Cal Poly University, San Luis Obispo 111111 1 1111 1 1 1 1City of Milpitas, CA 111111 1City of Rancho Cucamonga, CA 111111111 1111 City of Burbank, CA 11111 1111
Province of Nova Scotia, Canada 1111 1111
Mohave Educational Services Cooperative, Inc., AZ 1 1111111111111 1 1 1 1 1Omnitrans San Bernadino, CA 1 11Inter-American Development Bank, Washington, DC 11111111111 1 1 1Union Sanitary District, CA 11111111111 1 1 1San Diego Unified Port District, CA 111111111 1 1 1City of Livermore, CA 111111 1111111 1 1 1Central Contra Costa Sanitary District, CA 1 1 1111111 1 1 1City of Concord, CA 11111 1 1 1Irvine Ranch Water District, CA 11111111111111111 1 1Kern County, CA 1 1111111 1 1County of Los Angeles, CA 11111111111 1 11 1 1California State University, Fresno, CA 1 11 1City of Santa Monica, CA 1 11 1 1City of San Diego, CA 1111111111111111 1 9 CALIFORNIA HISTORICAL AEP AWARDEES
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
CONS
California State Polytechnic University (Pomona), CA 1 1111111111 1County of Alameda, CA 11 111111 1California State University, Sacramento, CA 11 1 1City of Edmonton, Alberta, CANADA 111111111111111111San Diego Unified School District, CA 11111111County of Sonoma, CA 111111Inland Empire Utility Agency, CA 11111111 11111 1 1 1 2California State University, Office of the Chancellor, CA 11 11 11111 1State of North Carolina, NC 11University of California – Merced, CA 111111City of Lompoc, CA 1 1111 1 11BC Housing, Canada 11University of California – San Diego, CA 11California State University, San Marcos, CA 111 1 1California State University, Fullerton, CA 1111111City of Richmond, CA 111111City of Anaheim, CA 11 1 11 1 1City of Lancaster, TX 1University of California – Riverside, CA 1City of Yuba City, CA 11111111111Academy School District Twenty, CO 11San Diego Association of Governments, CA 11 1Los Angeles World Airports, CA 1San Jose State University, CA 111111111City of Santa Rosa, CA 1111111City of Orange, CA 1111111111 1Cameron County, TX 1City of Costa Mesa, CA 1111111111Los Angeles County Metropolitan Transportation Authority, CA 1111111University of California - San Francisco, CA 1 11Fresno Unified School District, CA 1 11 2 East Bay Municipal Utility District, CA 1111111111California State University, Long Beach, CA 111111111Saddleback Valley School District, CA 1111111City of Colton, CA 1111City of South Lake Tahoe, CA 11Oakland Housing Authority, CA 11UT Medical Branch at Galveston, TX 1California State University, Northridge, CA 1111City of Fresno, CA 111Capital Metropolitan Transportation Authority, TX 1Contra Costa Water District, CA 1111City of El Cajon, CA 111Cucamonga Valley Water District, CA 11Escambia County, FL 11111 1City of Lancaster, CA 11 1City of Ventura, CA 11Chicago Housing Authority, IL 1City and County of San Francisco, CA 1 Regional Municipality of York, Ontario, Canada 1
10 CALIFORNIA HISTORICAL AEP AWARDEES
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
CONS
Toronto District School Board, Toronto ON, Canada 1City of Chula Vista, CA 1 11111City of Ocala, FL 11Contra Costa Community College District, CA 1South Carolina Department of Transportation, SC 1State of California, CA 1Township of Canton, MI 1City of San Buenaventura, CA 11Albuquerque Technical Vocational Institute, NM 1City of Sacramento, CA 1North Carolina State Ports Authority 1Ontario & Lottery Gaming Cooperation, Canada 1City of Los Angeles Department of Water & Power, CA 1Orange County Water District, CA 1111Turlock Irrigation District, CA 11North County Transit District, CA 1San Luis Obispo County Office of Education, CA 1Tulare County, CA 1City of Culver City, CA 1City of Visalia, CA 1City of Palo Alto, CA 1University of California - Irvine, CA 1City of Carrollton 11 2 County of Yolo, CA 11 2
11 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Robert Fisher, Acting City Manager
MEETING DATE: July 8, 2025
SUBJECT: Acorns to Oaks Presentation
RECOMMENDATION:

Requested by Mayor Flynn.

BACKGROUND:

Requested by Mayor Flynn.

JUSTIFICATION:

Requested by Mayor Flynn.

FISCAL IMPACT:

Requested by Mayor Flynn.

ALTERNATIVES:

Requested by Mayor Flynn.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Acorns to Oaks.pdf
12 TEX
You G th Education
Total # of Youth
Served 2014-2025
Total # Field Trips
2014-2025
2000 31
Total # of Youth
Served 2024-2025
540
Total # of Acorns
Planted 2014-2025
780
Partner Schools
Banning High School
Summerwind Trails Middle School
Palm Middle School
Nicolet Middle School
San Manuel Schools
Celebrating 10 Years of Acorns to Oaks!
We finished our Acorns to Oaks 2024-2025 season with a service-learning volunteer event that welcomed students from Banning High School. There were several student who returned to checked the seedlings they installed in their freshman year. This year, we had a total of 769 volunteers who've collected THOUSANDS of acorns and planted hundreds of seedlings throughout Cienega Canyon Preserve!

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Perry Gerdes, Water/Wastewater Superintendent Art Vela, Director of Public Works
MEETING DATE: July 8, 2025
SUBJECT: Consideration of Resolution 2025-03 UA, Authorizing the Purchase of a 2026 Ford F-550 Regular Cab Chassis with a Wach’s Valve Skid for a Total Cost of $232,257.01
RECOMMENDATION:

Adopt Resolution 2025-03 UA.

BACKGROUND:

The Department of Public Works – Water Division maintains a fleet that includes various work trucks, heavy equipment (e.g., backhoes, loaders), and miscellaneous tools (e.g., air compressors, welders).

Among these is a 2005 Ford F550 Flatbed Valve Truck (Unit 834), which is used for critical tasks such as vacuum cleaning valve cans, exercising mainline and fire hydrant valves, and inspecting and maintaining fire hydrants throughout the City’s water distribution system.

In addition, the Water Division currently operates a 1990 Ford F350 Flatbed (Unit 806), which has accumulated 99,942 miles and has reached the end of its useful life. Unit 806 is no longer compliant with South Coast Air Quality Management District (SCAQMD) Rule 1196, which regulates public fleets operating heavy-duty vehicles. As a result, the City is required to decommission and replace this vehicle.

To maintain reliable and efficient water operations, staff recommends decommissioning Unit 806 and repurposing Unit 834 as a flatbed truck, following the removal of its outdated valve-turning equipment and broken toolboxes.

Staff has identified a 2026 Ford F550 Custom Flatbed Valve Truck available for purchase through Sourcewell, a cooperative purchasing program the City is a member of. Utilizing Sourcewell enables the City to secure a competitively priced vehicle while avoiding the time and resource burden of developing and managing a formal Request for Proposals (RFP) process.

JUSTIFICATION:

Unit 806, a 1990 Ford F350 Flatbed truck, is in need of replacement due to being at the end of it’s useful life and for not being in compliance with SCAQMD Rule 1196.

Unit 834, originally retrofitted as a valve truck, lacks adequate tool space and is no longer suitable for its current use. After repurposing, it will serve as a replacement flatbed truck for Unit 806.

The new valve truck is essential for ongoing maintenance of the City’s water distribution infrastructure and provides for many operating efficiencies such as, but not limited to: combining multiple valve 14 maintenance functions (i.e. vacuum, water jetting, valve turning and data collection); eliminates the need for multiple vehicle trips; reduction in crew time; improves valve maintenance leading to a reduced risk of failure during emergency events; reduces water loss due to quick response time for leak or repair work; and provides for a safer work environment.

FISCAL IMPACT:

Funding in the amount of $232,257.01 for the new valve truck was included in the adopted FY 2024/2025 budget under Account No. 660-6300-471.90-51 (Capital Expenditures – Automotive Equipment). A budget transfer will be made within the Water Operations Fund (Fund 660) to cover any shortfall in the specified account.

ALTERNATIVES:

Do not adopt Resolution 2025-03 UA and provide alternative direction to staff. Without replacing the existing valve truck, the City will remain in non-compliance with SCAQMD Rule 1196. Additionally, Water Division operations may be jeopardized due to the unreliability of aging Unit 839.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. CC_RESOLUTION_2025-03 UA_Valve_Truck.docx

2. 12636R2_CITY OF BANNING_11' FLATBED WITH WACHS SKID_SW_PASS THRU (002).pdf

3. Wachs Valve Skid.pdf

4. WATER DISTRICT BODY#4 (002).pdf

5. Unit 834 Valve Truck.jpeg

6. Unit 806.jpeg
15 Resolution 2025-03 UA

RESOLUTION 2025-03 UA

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AUTHORIZING THE PURCHASE OF A 2026 FORD F-550 FLAT BED WITH A WACH’S VALVE SKID FOR A TOTAL COST OF $232,257.01
WHEREAS, the Department of Public Works – Water Division maintains a fleet that includes various work trucks, heavy equipment (e.g., backhoes, loaders), and miscellaneous tools (e.g., air compressors, welders); and
WHEREAS, as part of its fleet, the Water Division operates one 2005 Ford F550 Flatbed Valve Truck (Unit 834), which is used for critical tasks such as vacuum cleaning valve cans, exercising mainline and fire hydrant valves, and inspecting and maintaining fire hydrants throughout the City’s water distribution system; and
WHEREAS, additionally the Water Division currently operates a 1990 Ford F350 Flatbed (Unit 806) and currently has 99,942 miles. Further, Unit 806 has reached the end of it’s useful life and the South Coast Air Quality Management District (SCAQMD) has required that the City of Banning decommission it as it is not in compliance with SCAQMD; and WHEREAS, staff has identified the availability of a 2026 Ford F550 Flatbed Valve Truck through Sourcewell, which the City is a member of, w h o provides for cooperative purchasing options resulting in discounted costs and reduces staff time that would be used for development of a standalone request for proposals, outreach and proposal evaluation; and WHEREAS, the cost for the new 2026 Ford F-550 Flatbed with a Wach’s Valve Skid is $232,257.01 and is currently budgeted for in the adopted FY 2024/2025 budget.

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

SECTION 1. The City Council approves the purchase with PB Loader Corporation for the purchase of a 2026 Ford F-550 Flatbed with a Wach’s Valve Skid in an amount of $232,257.01.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Purchase and to execute the Purchase with PB Loader Corporation on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

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 9th day of June 2025. 16 Resolution 2025-03 UA

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John O. Pinkney, City Attorney Slovak,
Baron, Empey, Murphy & Pinkney LLP
17 Resolution 2025-03 UA

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-03 UA, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of June 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
18 QUOTATION

CITY OF BANNING - ATTN PERRY GERDES
BANNING, CA DATE: 4/30/2026
SOURCEWELL MEMBER ACCOUNT: 86893 TERMS: NET 30
F.O.B: CUSTOMER
SUJECT: 11” FLAT BED TRUCK W/ WACHS SKID
QTY PART NO. DESCRIPTION PRICE (EA.) EXTENSION
PB LOADER SOURCEWELL CONTRACT NO. 080521-PBL

SOURCEWELL CONTRACT - MARKET PRICE

NON-LISTED FLATBED W/ WACHS SKID AT MARKET PRICE
1 $214,317.00
SUBTOTAL: $214,317.00
ADD FOR 2026 MODEL YEAR: $1,225.00
TOTAL: $215,542.00
SALES TAX (7.75%): $16,704.51
CA TIRE RECYCLING FEE: $10.50
GRAND TOTAL FOR ONE (1) UNIT: $232,257.01
25% DEPOSIT DUE AT TIME OF ORDER: $46,451.40
BALANCE DUE NET 20 DAYS AFTER DELIVERY AND INVOICE: $185,977.21 NOTES:

NO. 12636R2

1. PURCHASE ORDERS ARE TO BE MADE OUT TO PB LOADER CORPORTATION.

2. FREIGHT NOT INCLUDED.

3. SUBJECT TO TARIFFS AND SURCHARGES.

CHASSIS:
2025 F-550 CHASSIS 4X2 SD REGULAR CAB 169" WB DRW XL (F5G) CHASSIS WITH:
• CONVENTIONAL CAPACITY: 18,500 LBS.
• GCWR: 30,000 LBS
• 7.3L V-8 DEVCT VARIABLE VALVE CONTROL, ENGINE WITH 335HP • MONO-BEAM RIGID AXLE FRONT SUSPENSION
• 7.3L V-8 DEVCT VARIABLE VALVE CONTROL, ENGINE WITH 335HP • LEAF SPRING REAR SUSPENSION
BODY:

FLATBED VALVE TRUCK COMPLETE WITH:
• 11 FOOT CUSTOM FLAT BED
• 24 X 24 TOOLBOXES MOUNTED UNDERNEATH THE BED
• 102” EXPANDED METAL STORAGE BOX
LIGHTS:
• TRAFFIC ADVISOR LIGHT BAR12 ECCO PRO MOUNTED ON HEADBOARD • ECCO ED3777A STROBE LIGHTS MOUNTED ON HEADBOARD
• ONE (1) 128" LONG X 16” TALL X 16” WIDE TOOLBOX WITH.TWO (2)-FOLD DOWN DOORS WITH

REMOVABLE SHELVES
• ONE (1) CUSTOM EXPANDED METAL BOX ON PASSENGER SIDE CUSTOM BOX MADE OUT OF EXPANDED METAL 6-FT RIGHT SIDE, 5-FT LEFT SIDE, REAR OPENING. ONE BOX SPLIT IN MIDDLE 5.5 HIGH 15.5 WIDE. 6-FT AND 5 FT LONG. SITTING ON TOP OF DRIVER'S SIDE TOOLBOX SEE DRAWING • FOUR (4) SHOVEL HOLDERS ON DRIVER'S SIDE HEADBOARD
• ONE (1) FRONT BUMPER CONE HOLDER
WACHS MAINTENANCE SKID:
• STANDARD LX (GAS) – VMS (RH): SINGLE TURNER VALVE MAINTENANCE SKID • 750 FT-LB (1020 NM) EXTENDED REACH VALVE OPERATOR
• TELESCOPING VALVE KEY
• RUGGEDIZED TC-100 WITH GPS CONTROLLER/DATALOGGER
• 27 HP (20 KW) GASOLINE POWERED KOHLER OVERHEAD CAM AIR COOLED ENGINE • RUGGEDIZED TC-100 WITH GPS CONTROLLER/DATALOGGER
• 500 CFM (14.2 CMM)-11" (280MM) HG VACUUM
• PRESSURE WASHER SYSTEM WITH 3 GALLON (11.4 L) ANTI-FREEZE TANK • 250 (950 L) GALLON TANK WITH POWER HYDRAULIC DUMP
PB Loader Corporation
5778 W. Barstow • Fresno, California 93722-5024 • Telephone (559) 277-7370 • Fax (559) 277-7375 Toll free 800-350-8521 • Web www.pbloader.com
19 WACHS | 600 Knightsbridge Pkwy Lincolnshire, IL 60069 | (847) 537-8800 | [email protected] | turnvalves.com The Wachs Valve Maintenance System has all the tools for water distribution preventative maintenance. Built for safe operation, a two-person crew can find valves, wash out valve boxes, and safely exercise and rehabilitate valves up to 13 feet away with the ERV-750 valve exerciser with the built-in automation. The included handheld computer with VITALS® Software records the valve info and status for transfer back to headquarters.

This versatile platform can be mounted to a medium-duty truck with a flatbed or a heavy duty truck with a custom service body. The Grand upgrade option of this system is the heavy duty Wachs TM-7 HD Plus valve exerciser (2,500 ft-lb torque) to be used in emergencies on stuck and stubborn street valves.

FEATURES
• Ready to bolt down and run
• Curbside control for improved
operator safety
• ERV-750 valve exerciser
· Ideal for preventative
maintenance and rehabilitation
· Reach curbside valves
· Operate multiple valves and
hydrants from a single location
• Vacuum System
· Capture debris and spoils
from valve boxes
• HTMA Class II hydraulic circuit
· 10 gal reservoir
· Fan-cooled heat exchanger
· 45 ft hoses w/ reel
• Rugged TC-100 handheld computer
· VITALS® Valve Software Preloaded
· Bluetooth & Cable Connectivity
• LX LED Light Package
· Control Panel
· Programmable Arrow Board
· Directional spot lights
• Pressure washer system
· Short wash down gun
· Long hydro excavation gun
· 95 gal water tank/reservoir
· 50ft retractable hose w/ reel
• Heavy Duty Frame with Storage
• Fits medium duty standard and
wide-body flatbed trucks
©033023 SLXS
Standard LX

SKID SYSTEM

VALVE MAINTENANCE SYSTEMS
With the ERV-750 extended reach valve
exerciser an operator can turn multiple
nearby valves without moving the vehicle
A two-person crew can excavate and vacuum
debris from valve boxes for easy access
The Standard LX skid can be mounted
on trucks from a medium duty flatbed up
to a heavy-duty custom service body
Optional TM-7 HD Plus valve operator
provides 2500 ft-lb of torque for turning
large valves

STANDARD LX

VALVE MAINTENANCE SYSTEM
GAS MODEL (SHOWN) [77-000-55]
DIESEL MODEL [77-000-54]
Complete System
Built to Exercise and Rehabilitate
Your Valves and Hydrants
20 CONTACT US TODAY

FOR A DEMONSTRATION

OR QUOTATION
E-mail: [email protected]
Telephone: (847) 537-8800
Fax: (847) 520-1147
Toll Free: (800) 323-8185
Visit our website: turnvalves.com

VALVE MAINTENANCE SYSTEMS

ENGINE OPTIONS
GAS POWER [77-000-55]
» 27 HP Kohler overhead cam,
air-cooled engine
» 10 gallon, hydro formed and rolled
DOT approved aluminum fuel tank
DIESEL POWER [77-000-54]
» Tier 4F compliant, Kubota 1.1L, I-3
4-stroke, liquid cooled, IDI diesel engine
» 10 gallon (38 L), hydro formed and rolled
DOT approved aluminum fuel tank

VALVE KEY OPTIONS

COLD CLIMATE TELESCOPING VALVE KEY
» 24lb (10.9 kg)
» T-handle Adapter
» Rated for 800 ft-lb torque
» 1 inch interface 4 ft - 9 ft

WARM CLIMATE TELESCOPING VALVE KEY
» 24lb (10.9 kg)
» T-handle Adapter
» Rated for 800 ft-lb torque
» 2 inch interface 3 ft - 8 ft

UPGRADES
TM-7 HD PLUS (GRAND OPTION A)
[17-405-00]
» Bluetooth Connectivity
» Remote, Wireless, and Manual Operation
» Hydraulic
» Integrated automation circuitry
» Up to 2,500 ft-lb torque
» Digital Revolution Counter
» Torque Output Gauge
» 8 ft valve key
--- OR ---

DRIVER SIDE JOB BOX (OPTION B)
[77-409-00]
» Polished Aluminum
» Diamond Plate Pattern
» Lockable Storage

SPECIFICATIONS
ERV-750
» Bluetooth Connectivity
» Remote and Wireless Operation
» Hydraulic
» Integrated automation circuitry
» Up to 750 ft-lb torque
» Mount point and center pivot
feature locking disc brakes
» 270º lateral range of motion from base
» 300º lateral range from center pivot

VACUUM SYSTEM
» 500 CFM-11 inch Hg positive
displacement blower
» 250 Gal spoils tank
» Push-button hydraulic slide,
lift, and dump action
» Automatic latching doors
» Quick change connections
» 3 in x 20 ft flexible vacuum hose
» Handles on hose connection
» 2-1/2 inch suction wand
» 1-1/4 inch suction wands
» 7/8 inch suction wands
» Elbow Connector

LIGHT BAR
» Programmable Arrow Board
» Dual LED Spotlights
» Control Panel integration

HYDRAULIC HOSE REEL
» 45 ft X 1/2 inch diameter hydraulic
hose set w/quick disconnects
» Spring retractable
» Top roller wheel

HTMA CLASS II HYDRAULIC CIRCUIT
» 10 gal reservoir
» Fan-cooled Heat Exchanger
» 8 gpm @ 2000 PSI

2.5 GPM @ 3000PSI PRESSURE WASHER
» 20 in short gun-style wash-down wand
» 53 in long gun-style high-pressure
wand with adjustable spray
» 45 ft hose reel
» 95 gal water tank
» 3 gal antifreeze reservoir
TC-100 RUGGEDIZED HANDHELD COMPUTER
» IP68 Rated
» MIL-STD-810 Military Grade
» Windows 10 IoT Enterprise
» 7 inch display
» Built-in GPS
» VITALS preloaded
» 12v vehicle charging cable
» USB sync cable
» Machine control cable
» Screen protector

ACCESSORIES
45 LB HYDRAULIC BREAKER [08-000-10]
» 5 in x 11 in Asphalt Cutter [08-410-01]
» 14 in Moil Point [08-410-02]
» 3 in x 14 in Long Chisel [08-410-03]
» Locking Hydraulic Breaker
Mount for trailer [08-405-00]
TRIMBLE R2 [79-412-02]
» GNSS receiver for centimeter level GPS
VALVE NUT RX [08-000-15]
VALVE BOX BUDDY [08-000-26]
WDP3500 DEWATERING PUMP [08-000-03]
» 3 in discharge hose
WTP4800 TRASH PUMP [08-000-04]
» 4 in discharge hose

WARRANTY
E.H. Wachs machine tools and their
associated parts are warranted against
defects in materials and workmanship for
a period of twelve months from the date of
purchase. E.H. Wachs expressly reserves the
right to repair or replace only those parts
which prove to have been defective at the
time of purchase. This warranty becomes
void if maximum flow and pressure ratings
are exceeded.

Standard LX

SKID SYSTEM
©033023 SLXS
The ruggedized TC-100 handheld computer
/ wireless controller / datalogger provides
intuitive remote exerciser control
Improve your water distribution
system reliability today with a
Wachs Valve Maintenance System 21
11'
22 23
24 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton,
Todd Hopkins, CALFIRE Division Chief
MEETING DATE: July 8, 2025
SUBJECT: Consideration of Resolution 2025-98, Approving the Cooperative Agreement with Riverside County for Fire Services
RECOMMENDATION:

Adopt Resolution 2025-98.

BACKGROUND:

Since 1998, the City of Banning has entered into this agreement with the Riverside County Fire Department for medical, fire protection and other emergency response. Two type 1-engine companies of three firefighters (including one paramedic) per engine provide this protection. The second engine providing fire protection to the south-west City area is split funded three ways with Beaumont and Riverside County.

JUSTIFICATION:

The City of Banning, with approval of this agreement, will keep its current level of service to all citizens within the City of Banning, and cooperatively provide integrated, regional response to surrounding jurisdictions.

FISCAL IMPACT:

Cost to the Coty for 1.33 fire engine staffing:

Fiscal Year 2025-26 $5,171,223
Fiscal Year 2026-27 $5,384,334
Fiscal Year 2027-28 $5,608,101
ALTERNATIVES:

Do not adopt the resolution and provide fire protection for the community through some other means.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2025-98__Cooperative_Fire.docx

2. Cooperative Fire Agreement - Riverside County.pdf
25 26
Resolution 2025-98

RESOLUTION 2025-98

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

APPROVING THE COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR FIRE

PROTECTION SERVICES FOR A PERIOD OF THREE YEARS
WHEREAS, on June 11, 2025 the City of Banning and the Riverside County Fire Department were presented with an agreement entitled "A Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal, and Medical Services" dated June 11, 2025; and
WHEREAS, the City of Banning and Riverside County Fire desire to enter into this agreement for three fiscal years, by which the Riverside County Fire Department will provide an updated Exhibit "A" during budget planning process each year; and WHEREAS, the purpose of the Exhibit "A" is to provide timely adjustment to the agreement if needed.

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

SECTION 1. The City Council approves the Cooperative Agreement with Riverside County, authorizes the City Manager to make necessary non-substantive changes, and to execute said agreement.

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

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

PASSED, APPROVED AND ADOPTED this 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
27 Resolution 2025-98

APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
28 Resolution 2025-98

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-98, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
29 Resolution 2025-98

EXHIBIT A
Cooperative Agreement for Fire Protection Services
30 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
1 of 10

A COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL,

HAZMAT, AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING THIS AGREEMENT (“Agreement”), made and entered into this _____ day of _____________________, 2025, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”), and the City of Banning, a municipal corporation (hereinafter referred to as “CITY”), whereby it is agreed as follows:

SECTION I: PURPOSE
The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement (“CAL FIRE Agreement”) with the California Department of Forestry and Fire Protection (“CAL FIRE”) to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called “Fire Services”). This Agreement is entered into pursuant to the authority granted by Government Code section 55600 et seq. and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY’s ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement.

SECTION II: DESIGNATION OF FIRE CHIEF
A. The County Fire Chief appointed by the County Board of Supervisors, or his/her designee (hereinafter referred to as “Chief”), shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit “A,” attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services.

B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison (“Fire Liaison”). The Chief may delegate certain authority to the Fire Liaison, as the Chief’s duly authorized designee, and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY via the Cooperative Agreement between the COUNTY and CAL FIRE.

C. The Chief Deputy of County Fire shall be the COUNTY Contract Administrator and is the liaison for the administration of this agreement.

D. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. This flexibility shall include, but is not limited to, staffing challenges and equipment availability. The 31 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
2 of 10
CITY shall be notified of any changes in classifications provided that differ from the Exhibit “A.”
SECTION III: PAYMENT FOR SERVICES
A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit “A” for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY.

B. COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit “A,” CITY shall provide one hundred twenty (120) days’ written notice of the proposed requested increase or decrease. Proper notification shall include the following: (1) the total amount of increase or decrease; (2) the effective date of the increase or decrease; (3) the number of employees, by classification, affected by the proposed increase or decrease; and (4) the date the notice is sent to COUNTY. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY’s request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions.

COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section.

C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit “A,” on a quarterly basis. The COUNTY is mandated per Government Code section 51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof.

D. Any changes to the salaries or expenses set forth in Exhibit “A” made necessary by action of the Riverside County Board of Supervisors, Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit “A.” The CITY is obligated to expend or appropriate any sum in excess of Exhibit “A” increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit “A” as a result of action by the Riverside County Board of Supervisors, Legislature, CAL FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly 32 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
3 of 10
notify CITY, in writing, specifying the services to be reduced. Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit “A” that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and the appropriate amendment(s) to Exhibits “A,” “C,” and “D” approved by the parties hereto.

E. Chief Deputy of County Fire, as the COUNTY Contract Administrator, is authorized to negotiate and execute any amendments to Exhibit “A”, Exhibit “C”, or Exhibit “D” of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors.

CITY shall designate a “Contract Administrator” who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit “A,” “C,” or “D” on behalf of CITY.

F. __N/A__ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “B” Payment for Services Additional Terms are incorporated herein and shall additionally apply to this agreement regarding payment of services.

G. _______ [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “C” are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement.

H. _______ [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “D” are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshal Services.

I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure or is requested by the CITY, the COUNTY Fire Chief or Chief Deputy of County Fire may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be based upon the County Board of Supervisors Approved Fire Department Cost Recovery rates.

J. Notwithstanding Paragraph H, as it relates to Fire Marshal services, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding Fire Marshal services. In the event the CITY elects not to fund direct Fire Marshal personnel services outlined in Paragraph H (Exhibit “D”), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance No. 671 (Establishing Consolidated Fees for Land Use 33 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
4 of 10
and Related Functions). Any services not provided for under Ordinance No. 671 will be at a cost to the CITY based upon the COUNTY-approved productive hourly rate for cost recovery.

K. In the event that a COUNTY-owned squad, aerial apparatus, patrol (Type VI), or light vehicle is requested by the CITY for temporary operational use, the COUNTY Fire Chief or Chief Deputy of County Fire may allow use of a COUNTY squad, aerial apparatus, patrol (Type VI), or light vehicle, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY squad, patrol (Type VI) or light vehicle based upon the County Board of Supervisors Approved Fire Department Cost Recovery rates.

L. In the event that a CITY elects to fund additional COUNTY positions not associated with Fire Marshal services, the positions will be outlined in the Exhibit “A.” Costs shall include, but are not limited to, IT, Communication, Uniforms, and general field supplies. All costs, including salaries and benefits, will be included in each quarterly invoice as outlined in Section III, Paragraph C.

SECTION IV: INITIAL TERM AND AMENDMENT
A. The term of this Agreement shall be from July 1, 2025, to June 30, 2028.

B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement.

SECTION V: TERMINATION
During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code section 55603.5.

SECTION VI: COOPERATIVE OPERATIONS
All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid.

SECTION VII: MUTUAL AID
Pursuant to Health and Safety Code section 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety 34 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
5 of 10
Code section 13052. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY.

SECTION VIII: SUPPRESSION COST RECOVERY
As provided in Health and Safety Code section 13009, County Ordinance No. 787.10, Section 5.D.2., and the California Fire Code, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code section 53150 et seq. as may be amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY.

SECTION IX: PROPERTY ACCOUNTING
All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each.

SECTION X: FACILITY
CITY shall provide Fire Station(s), strategically located to provide standard response time within the City of Banning from which fire operations shall be conducted.

If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY’s cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY.
35 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
6 of 10
SECTION XI: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

SECTION XII: AUDIT
A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (Gov. Code, § 8546.7.) B. Each party shall bear their own costs in performing a requested audit. 36 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
7 of 10
SECTION XIII: DISPUTES
CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief or County Contract Administrator that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v.

Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims that involve CAL FIRE employees, the claims shall be submitted to State of California Office of Risk and Insurance Management Department of General Services directly for processing.

SECTION XIV: ATTORNEYS’ FEES
If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.
37 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
8 of 10
SECTION XV: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

COUNTY OF RIVERSIDE CITY OF BANNING
Riverside County Fire City Manager
Chief Deputy of County Fire City Banning
210 West San Jacinto Avenue 99 East Ramsey Street
Perris, CA 92570 Banning, CA 92220–0998
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.

SECTION XVI: PUBLIC RECORDS ACT REQUESTS
The parties understand and acknowledge that, as a public agency, COUNTY is required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The parties understand and acknowledge that such compliance may require disclosure of all relevant, non-exempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.

SECTION XVII: ELECTRONIC SIGNATURE
This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement. The parties further agree that the electronic signatures of the parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code. 38 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
9 of 10
SECTION XVIII: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page]
39 Cooperative Fire Agreement
City of Banning
July 1, 2025 to June 30, 2028
10 of 10
IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF BANNING
Dated: __________________________ By: _____________________________ Robert Fisher, Acting City Manager
ATTEST: APPROVED AS TO FORM:

By: _____________________________ By: _____________________________ Vicky Sellers, City Clerk John Pinkney, City Attorney

COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Dated: __________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:

KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel
By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel
\\fprrualpha\Root\County_Finance\Contract Cities\COOPERATIVE AGREEMENT\BANNING\BANNING Cooperative Agreement 07012025-06302028 20250423 FINAL updated.docx 40 $5,171,223
$5,384,334
$5,608,101
$16,163,658
FISCAL YEAR 2025/2026
FISCAL YEAR 2026/2027
FISCAL YEAR 2027/2028
TOTAL CITY BUDGET ESTIMATE FOR FY2025/2026 THRU FY2027/2028 CITY BUDGETED EXHIBIT "A" ESTIMATE
DATED APRIL 1, 2025 FOR FY2025/2026 THRU FY2027/2028
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL, HAZMAT AND

MEDICAL EMERGENCY FOR THE CITY OF BANNING
41 CAPTAIN CAPTAIN

MEDICS ENGINEER ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #20
Medic Engine *0 2 *0 1 *0 1 *0 3 *0 2 *0 9
STA #89
Medic Engine 314,369 1 552,726 2 477,887 2 806,261 3 2,151,244 8 66–HR Workweek 314,369 1 314,369 1
SUBTOTALS 628,739 552,726 477,887 806,261 2,465,613
2 2 2 3 9
201,261 201,261 1
235,306 235,306 1
119,798 119,798 1
$556,365 12
27,783 255,323 9.19
10,581 10,581 1
17,040 5,251 61,623 3
7,681 69,132 9

42.54 31,582 270,990
97,527 195,054 2

43.02 31,935 274,064
3,920.50 11,663 39,283
1,176,051
64,189
43,350 86,700 2
822,305
12 $5,171,223

1.5 9.0
5,257 0.19
3 ** 9.19
2 1.5
5 SUPPORT SERVICES (Fire Cost Allocation Plan)
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
Administrative & Operational Services
Training
Monitors/Defibs
Assigned Medic FTE
Fire Fighting Equip.

Procurement
Public Affairs / Education
Number of Hazmat Calls
Hazmat Stations
SUPPORT SERVICES (Fire Cost Allocation Plan)
Data Processing
Personnel Office Supplies/Equip.
per Station

DIRECT CHARGES

SUPPORT SERVICES SUBTOTAL
Battalion Chief Allocation
each
Total Assigned Staff

SUBTOTAL

TOTAL STAFF COUNT
*Engine 20 Staffing on separate additional Exhibit "A"
per Call and
per Call and
Medic FTE and
Number of Calls
Fire Stations

FIRE ENGINE USE AGREEMENT
FIRE PERMIT TECHNICIAN (PCN 00145234)
FIRE SAFETY SPECIALIST (PCN 00126230)
each engine
Assigned Staff

TOTAL ESTIMATED CITY BUDGET
EXHIBIT "A"

MEDICAL EMERGENCY FOR THE CITY OF BANNING

SUBTOTAL STAFF
per Fire Station Staff
per Call and
per Fire Suppression Equip
*See notation below for estimate assumptions
DATED APRIL 1, 2025 FOR FY2025/2026

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL, HAZMAT AND
Administrative/Operational (Schedule A)
Volunteer Program (Schedule B)
Medic Program (Schedule C)
Battalion Chief Support (Schedule D)
ECC Support (Schedule E)
Fleet Support (Schedule F)
Comm/IT Support (Schedule G)
Hazmat Support (Schedule I)
per assigned Staff **
per Entity Allocation
SUPERVISING FIRE MARSHAL (PCN 00145234) each
per Station
each
per Station
per Defib
Finance / Accounting
FY25/26 EXHIBIT A

CITY OF BANNING

438,060 43,350
432,237 27,783
369,557 10,581
314,369 17,040
318,132 5,251
276,363 7,681
309,825 31,582
238,944 42.54
268,754 97,527
150,349 31,935
126,332 43.02
239,655 1,806
178,120 426.00
137,794 11,663
119,798 3,920.50
140,079 2,186
201,261
183,598
110,917
235,306
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilitie

EXECUTIVE ASSISTANT II

FIRE PERMIT TECHNICIAN

FIRE PREVENTION TECHNICIAN

FF II/MEDIC

ADMIN SVCS ANALYST II

ADMIN SVCS ASST

DEPUTY FIRE MARSHAL FACILITY STATION

FF II ECC CALLS
Facility Support - Facility maintenance staff with associated operating costs. support functions
Maint-Underground Tanks Improvements-Buil
Pager Service Maint-Exterminatio
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
FY 25/26 POSITION SALARIES TOP STEP

HAZMAT VEHICLE REPLACEMENT

FIRE SAFETY SPECIALIST
*Cost Assumptions:
- Projected increase of 10% to Safety & Non-Safety Staff and Support Services from previous FY24/25.

SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

FY 25/26 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and

EMERGENCY MEDICAL SERVICE SPEC

BC SUPPORT

ENG/MEDIC
Maint-Copier Machines Awards/Recognitio
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance

SUPERVISING FIRE MARSHAL
Maint-Kitchen Equipment Electricity
Maint-Office Equipment

FACILITY FTE

FLEET SUPPORT

COMM/IT STATION

COMM/IT CALLS
- All Salaries based on Salary, Pay Differentials, and Operating Expenses Schedule FY 2025-2026 Dated February 6, 2025

FIRE SYSTEMS INSPECTOR
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2025-26 dated January 2025 Preliminary Laundry Services Office Equip Non F
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys

OFFICE ASSISTANT III
Heating Fuel

HAZMAT CALLS
Emergency Command Center Support - Dispatch services costs Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing Communications / IT Support - Support staff, communications, radio maintenance, computer Defibrillator replacement cycle.

MEDIC FTE
Hazmat Program - Support staff, operating costs, and vehicle replacement as part of their contracted services.

HAZMAT STATION

DIV CHIEF SRVDEL

DEPUTY CHIEF FIRE ENGINE

BAT CHIEF VOL DEL
CAPT

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG

ECC STATION
FY25/26 EXHIBIT A

CITY OF BANNING

CAPTAIN CAPTAIN

MEDICS ENGINEER ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #20
Medic Engine *0 2 *0 1 *0 1 *0 3 *0 2 *0 9
STA #89
Medic Engine 330,088 1 580,362 2 501,782 2 846,574 3 2,258,806 8 66–HR Workweek 330,088 1 330,088 1
SUBTOTALS 660,176 580,362 501,782 846,574 2,588,894
2 2 2 3 9
211,324 211,324 1
247,071 247,071 1
125,788 125,788 1
$584,184 12
29,172 268,089 9.19
11,110 11,110 1
17,892 5,514 64,704 3
8,065 72,588 9

44.66 33,161 284,540
102,403 204,807 2

45.17 33,532 287,767
4,116.52 12,246 41,248
1,234,853
67,399
43,350 86,700 2
822,305
12 $5,384,334

1.5 9.0
5,257 0.19
3 ** 9.19
2 1.5
5 EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL, HAZMAT AND

MEDICAL EMERGENCY FOR THE CITY OF BANNING
DATED APRIL 1, 2025 FOR FY2026/2027

SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (PCN 00126230) each
SUPERVISING FIRE MARSHAL (PCN 00145234) each
*See notation below for estimate assumptions
Volunteer Program (Schedule B) per Entity Allocation
Medic Program (Schedule C) Medic FTE and per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff FIRE PERMIT TECHNICIAN (PCN 00145234) each

SUBTOTAL
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) per assigned Staff ** Hazmat Support (Schedule I) per Call and per Station

SUPPORT SERVICES SUBTOTAL

DIRECT CHARGES
ECC Support (Schedule E) per Call and per Station
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station

TOTAL ESTIMATED CITY BUDGET
Fire Stations Assigned Staff
Number of Calls Battalion Chief Allocation
FIRE ENGINE USE AGREEMENT each engine
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
*Engine 20 Staffing on separate additional Exhibit "A"

TOTAL STAFF COUNT
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance / Accounting Public Affairs / Education
Training Procurement
Assigned Medic FTE Total Assigned Staff
Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

FY26/27 EXHIBIT A

CITY OF BANNING

459,963 43,350
453,848 29,172
388,035 11,110
330,088 17,892
334,039 5,514
290,181 8,065
325,317 33,161
250,891 44.66
282,191 102,403
157,866 33,532
132,649 45.17
251,638 1,897
187,026 447.30
144,684 12,246
125,788 4,116.52
147,083 2,295
211,324
192,778
116,463
247,071
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement as part of their contracted services.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs

BAT CHIEF VOL DEL

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
FY 26/27 POSITION SALARIES TOP STEP

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

FF II/MEDIC FLEET SUPPORT

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

ENG BC SUPPORT

ENG/MEDIC ECC STATION

FF II ECC CALLS

FIRE PERMIT TECHNICIAN HAZMAT CALLS

FIRE PREVENTION TECHNICIAN HAZMAT VEHICLE REPLACEMENT

FIRE SAFETY SPECIALIST

FIRE SYSTEMS INSPECTOR

DEPUTY FIRE MARSHAL FACILITY STATION

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION
FY 26/27 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Pager Service Maint-Exterminatio

OFFICE ASSISTANT III
*Cost Assumptions:
- Projected 5% salaries increase based on Salary, Pay Differentials, and Operating Expenses Schedule FY 2025-2026 Dated February 6, 2025 - Projected 5% salaries increase based on Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2025-26 dated January 2025 Preliminary - Projected 5% salaries increase based on Safety & Non-Safety Staff and Support Services from previous FY25/26.

SUPERVISING FIRE MARSHAL
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Household Furnishings Rent-Lease Bldgs
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
Appliances Pharmaceuticals
Maint-Underground Tanks Improvements-Buil
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilitie
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Maint-Kitchen Equipment Electricity
FY26/27 EXHIBIT A

CITY OF BANNING

CAPTAIN CAPTAIN

MEDICS ENGINEER ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #20
Medic Engine *0 2 *0 1 *0 1 *0 3 *0 2 *0 9
STA #89
Medic Engine 346,592 1 609,380 2 526,871 2 888,903 3 2,371,746 8 66–HR Workweek 346,592 1 346,592 1
SUBTOTALS 693,184 609,380 526,871 888,903 2,718,338
2 2 2 3 9
221,891 221,891 1
259,425 259,425 1
132,078 132,078 1
$613,393 12
30,630 281,494 9.19
11,665 11,665 1
18,787 5,790 67,939 3
8,469 76,218 9

46.90 34,819 298,767
107,524 215,047 2

47.43 35,209 302,156
4,322.35 12,859 43,310
1,296,596
70,769
43,350 86,700 2
822,305
12 $5,608,101

1.5 9.0
5,257 0.19
3 ** 9.19
2 1.5
5 EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL, HAZMAT AND

MEDICAL EMERGENCY FOR THE CITY OF BANNING
DATED APRIL 1, 2025 FOR FY2027/2028

SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (PCN 00126230) each
SUPERVISING FIRE MARSHAL (PCN 00145234) each
*See notation below for estimate assumptions
Volunteer Program (Schedule B) per Entity Allocation
Medic Program (Schedule C) Medic FTE and per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff FIRE PERMIT TECHNICIAN (PCN 00145234) each

SUBTOTAL
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) per assigned Staff ** Hazmat Support (Schedule I) per Call and per Station

SUPPORT SERVICES SUBTOTAL

DIRECT CHARGES
ECC Support (Schedule E) per Call and per Station
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station

TOTAL ESTIMATED CITY BUDGET
Fire Stations Assigned Staff
Number of Calls Battalion Chief Allocation
FIRE ENGINE USE AGREEMENT each engine
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
*Engine 20 Staffing on separate additional Exhibit "A"

TOTAL STAFF COUNT
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance / Accounting Public Affairs / Education
Training Procurement
Assigned Medic FTE Total Assigned Staff
Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

FY27/28 EXHIBIT A

CITY OF BANNING

482,961 43,350
476,541 30,630
407,437 11,665
346,592 18,787
350,741 5,790
304,690 8,469
341,582 34,819
263,435 46.90
296,301 107,524
165,760 35,209
139,281 47.43
264,219 1,991
196,377 469.66
151,918 12,859
132,078 4,322.35
154,438 2,410
221,891
202,417
122,286
259,425
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement as part of their contracted services.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs

BAT CHIEF VOL DEL

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
FY 27/28 POSITION SALARIES TOP STEP

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

FF II/MEDIC FLEET SUPPORT

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

ENG BC SUPPORT

ENG/MEDIC ECC STATION

FF II ECC CALLS

FIRE PERMIT TECHNICIAN HAZMAT CALLS

FIRE PREVENTION TECHNICIAN HAZMAT VEHICLE REPLACEMENT

FIRE SAFETY SPECIALIST

FIRE SYSTEMS INSPECTOR

DEPUTY FIRE MARSHAL FACILITY STATION

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION
FY 27/28 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Pager Service Maint-Exterminatio

OFFICE ASSISTANT III
*Cost Assumptions:
- Projected 5% salaries increase based on FY26/27 Safety Salaries Cost Estimate - Projected 5% salaries increase based on FY26/27 Benefits and Admin Fee Cost Estimate - Projected 5% salaries increase based on Non-Safety Staff and Support Services from FY25/26.

SUPERVISING FIRE MARSHAL
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Household Furnishings Rent-Lease Bldgs
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
Appliances Pharmaceuticals
Maint-Underground Tanks Improvements-Buil
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilitie
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Maint-Kitchen Equipment Electricity
FY27/28 EXHIBIT A

CITY OF BANNING

FY25/26 Exhibit “C”

CITY OF BANNING
July 1, 2025 – June 30, 2028

EXHIBIT “C”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING
DATED JULY 1, 2025

PAYMENT FOR SERVICES

ADDITIONAL SERVICES

FIRE ENGINE USE AGREEMENT
Station 20
Engine E20, RCO No. 16-847 (VIN: 4S7CT2D93HC081447) $ 43,350.00 Station 89
Engine E89, RCO No. 22-8400 (VIN: 4S9AEETB1NS559882) $ 43,350.00 $ 86,700.00
The Fire Engine Use Agreement is utilized in the event that a fire engine(s) was initially purchased by the CITY, and then the CITY elects to have the COUNTY take ownership of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s).

This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this Agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable.

The CITY must transfer title of said fire engine(s) to the COUNTY. When the CITY transfers title of said fire engine(s) to the COUNTY, the COUNTY will take ownership of the said fire engine(s), and the COUNTY will maintain insurance on said fire engine(s).

The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this Agreement. All capital improvements and/or betterments (per ACO standard practice manual) to the fire engine(s) listed above will be the responsibility and paid for by the owner of said fire engine(s).
48 FY25/26 Exhibit “C”

CITY OF BANNING
July 1, 2025 – June 30, 2028

When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s).

The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $867,000. The cost is based on the actual costs for Type I Fire Engines. If this Agreement is entered into mid-year, the annual cost will be prorated accordingly. Replacement cost is subject to change based on current Type I Fire Engine cost. See each respective fiscal year’s Exhibit “A” for current Fire Engine Use Agreement costs.

The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments.

If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.
49 Exhibit “D”

CITY OF BANNING
July 1, 2025 – June 30, 2028

EXHIBIT “D”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, HAZAMAT

RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING DATED JULY 1, 2025

PAYMENT FOR ADDITIONAL SERVICES

OFFICE OF THE FIRE MARSHAL AGREEMENT
The Fire Marshal Agreement is utilized in the event a CITY elects to fund COUNTY Fire Marshal personnel to perform the duties of the Office of the Fire Marshal.

The COUNTY Chief Deputy will assign a COUNTY Manager as the Office of the Fire Marshal Liaison (“OFM Liaison”). The Chief Deputy may delegate certain authority to the OFM Liaison, as the Fire Marshal’s duly authorized designee and the OFM Liaison shall be responsible for directing the Fire Marshal Services provided to CITY as set forth in this Exhibit “D.”
The Fire Marshal duties include:

For conformance with applicable laws, codes and regulations concerning fire protection and life safety -
• Review Planning and Development Cases for the CITY
• Review and inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235
• Review, Permitting and Inspection of Special Events
• Investigation of fire safety complaints
• Meeting with development applicants and customers
• Business inspections
Administrative activities:
• Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections.
• Provide information to customers on CITY Ordinances and Standards for construction
• Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety
In the event CITY desires an increase in the Office of the Fire Marshal services provided, CITY shall provide (120) days written notice of the proposed increase in services.

COUNTY is under no obligation to approve any requested increase. COUNTY shall render a written decision on whether to allow or deny the increase within (60) days of the notice provided pursuant to this section.
50 Exhibit “D”

CITY OF BANNING
July 1, 2025 – June 30, 2028

It is the CITY responsibility to provide funding for all operating equipment and supplies for each position in accordance with COUNTY requirements and/or standards. The equipment and supplies include, but are not limited to the following:

The CITY or COUNTY shall provide, unless otherwise agreed upon:
• Office space
• Furniture
• General & field supplies
• Training
The COUNTY shall provide, unless otherwise agreed upon, at the expense of the CITY:
• Vehicle and regular maintenance
• All IT and Communication tools (such as cell phone, computer, software licensing, etc.)
• Uniforms
The equipment and supplies provided by COUNTY shall be based upon the County Board of Supervisors Approved Fire Department Cost Recovery rates or actual costs when absent of a specific rate. All costs, including salaries and benefits, will be included in each quarterly invoice as outlined in the Cooperative Agreement.

The CITY may opt out of this Exhibit and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year.

It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY.
51 Exhibit “D”

CITY OF BANNING
July 1, 2025 – June 30, 2028

F:\data\RRU County Finance\Contract Cities\EXHIBIT D ~ Fire Marshal Services\Exhibit D - Banning 20190103.docx 52 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: July 8, 2025
SUBJECT: Consideration of Resolution 2025-99, Approving a Professional Services Agreement (C01134) with Rincon Consultants, Inc. for Preparation of Annual Progress Reports on Housing to Fulfill Statutory Mandates Under Government Code Section 65400 and 65700
RECOMMENDATION:

Adopt Resolution 2025-99.

BACKGROUND:

California Government Code (“GC”) Section 65300 requires each city and county to adopt a General Plan, including seven mandatory elements. The mandated elements include Land Use, Open Space, Conservation, Circulation, Noise, Safety, and Housing. The Housing Element is a policy document that describes goals, policies and programs that are designed to facilitate the development, improvement, and preservation of housing for all income groups in a city or county. Banning adopted an updated Housing Element on July 9, 2024 for the 2021-2029 planning period.

Each City and County in California must prepare an Annual Progress Report (APR) on the jurisdiction’s status and progress in implementing its Housing Element using forms and definitions adopted by the California Department of Housing and Community Development (HCD) (GC § 65400). Each jurisdiction’s APR must be submitted to HCD and the Governor’s Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year).

AB 2011 (2022), SB 6 (2022), AB 1743 (2022), and AB 649 (2022) added new data requirements for APRs, making the preparation of each year's report especially tedious and time-consuming. Given the limited staffing resources, the Planning Division has struggled to complete the reports by the April 1st HCD deadline and the City has yet to submit APRs for the 2021-2029 planning period.

On March 12, 2024, the City Council adopted Resolution 2024-49 authorizing the City to enter into an agreement with Rincon Consultants for the preparation of the City's Annual Progress Reports. However, this contract expired and the need remains as the City is currently out of compliance with the Government Code in completing and submitting its APRs.

Rincon Consultants has provided the attached proposal to assist with preparing its APRs for 2021-2025.

JUSTIFICATION:

Government Code requires that all local jurisdictions in California report on their progress in meeting their assigned Regional Housing Needs Assessment Allocation (RHNA) through the preparation of its APR each year. The statutory deadline to submit the prior calendar year's APR is April 1st of the 53 following year. The City has not complied with this requirement for several years, and thus there is a need to complete these APRs with the assistance of a consultant that is able to complete these reports timely and ensure information provided complies with the HCD requirements. Further, because recent APRs haven't been prepared or submitted as required by the California Government Code, the City remains at risk of being penalized for non-compliance and losing out on grant opportunities.

FISCAL IMPACT:

The expired agreement with Rincon Consultants authorized up to $40,000. Of this amount, the City has paid $10,787.50 which leaves $29,212.50 remaining and encumbered from FY 2024/2025 that may be carried forward to FY2025/2026 in the Department's contractual services account (001-2800-441.33-11).

This account has an unencumbered balance of $21,223. A total of $50,000 is requested to cover the proposal estimate of $48,702.50 and a contingency amount of $1,297.50. Therefore, funding is available to cover the anticipated fiscal impact for the new contract.

ALTERNATIVES:

Provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. CC_Resolution_2025-99_Authorizing_Rincon_Agreement.docx

2. Rincon Consultants Proposal for APR Services

3. C01134 - Consulting Services (Rincon Consultants, Inc) 54 Resolution 2025-99

RESOLUTION 2025-99

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

APPROVING A SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT (PSA C01134) WITH RINCON CONSULTANTS, INC FOR PREPARATION OF ANNUAL

PROGRESS REPORTS ON HOUSING TO FULFILL STATUTORY MANDATES UNDER GOVERNMENT CODE SECTION 65400 AND 65700
WHEREAS, in 2024, the City solicited a proposal from Rincon Consultants, Inc. (Rincon) for services preparing the City’s Annual Progress Reports (APRs) as required by the Housing and Community Development Department (HCD) for calendar years 2021, 2022 and 2023; and on March 24, 2024, the City Council adopted Resolution 2024-49 authorizing the contract with Rincon for said services for an amount not to exceed $40,000 through August 31, 2024; however, the services weren’t completed prior to the contract expiration; and WHEREAS, the City desires to complete its APRs for calendar years 2021-2025 and comply with Government Code 65400; and
WHEREAS, on March 19, 2025, Rincon provided a proposal to provide the previously proposed services for preparing the City’s APRs for calendar years 2021-2023, as well as calendar years 2024-2025, for a total cost of $48,702.50; and WHEREAS, the City has funding in account 001-2800-441.33-11 to cover this cost; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves a professional services agreement with Rincon attached as Exhibit “A” in an amount not to exceed $50,000 for professional services of preparing the City’s Annual Progress Reports through April 30, 2026.

SECTION 2. The City Manager or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to this services agreement.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

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 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
55 Resolution 2025-99

ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
56 Resolution 2025-99

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-99, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
57 Resolution 2025-99

EXHIBIT A
Professional Services Agreement (C01134) with Rincon Consultant, Inc. 58 Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, CA 90012
831-333-0310
w w w. rin conconsu ltants. com
March 19, 2025
Rincon Project No. 24-15636
Emery J. Papp, Planning Manager
Community Development Department
City of Banning
Planning Department
99 E. Ramsey Street
Banning California 92220
Via email: [email protected]
Subject: Proposal for City of Banning Annual Progress Report Services Banning, CA
Dear Mr. Papp:

Rincon Consultants is pleased to submit this revised proposal to provide support services related to preparation of the City’s 2021-2023 Annual Progress Reports (APRs). We have assembled a team of highly skilled planning and professionals with experience with APRs and have assisted other jurisdictions with similar services.

This proposal includes an estimated budget for these services, but in our experience, there is often a good amount of research and coordination that is involved with obtaining the appropriate data. For this reason, we request a contract with compensation based on a “Not-To-Exceed” amount. This will prevent the need to issue additional cost amendments in the future.

Please note that we do not know the status of the 2024 and 2025 APRs. We are available to also complete these reports at this time for additional budget in line with cost estimates previously provided.

Scope of Work
Rincon has prepared this scope of work based on our understanding of the City’s needs. The tasks are the same for each report.

Task 1 Project Management
Rincon will provide project management support, including meetings, timeline and status updates, quality control, and internal team coordination.

Task 2 APR Completion
Rincon will coordinate with the City to prepare the City’s 2021-2023 APRs. Rincon assumes the following:
 City will provide data for all residential building permits in Excel or comma-separated values (csv) format, and information on City programs in Excel or Word format. 59 City of Banning
Proposal for City of Banning Annual Progress Report Services 2  City will provide all information required to complete APR forms no later than 10 business days after City authorization of services.
 City will be responsible for submitting the APRs to HCD.

Cost
We anticipate that the preparation of each APR (2021-2023 years) will cost $9,745 ($29,234 total for the project). However, we often find that delays in data gathering lead to additional time and budget.

Rincon will perform the services on an hourly basis in accordance with the Fee Schedule in Attachment 1, for a not to exceed fee equal to $40,000. Services rendered will be billed on a monthly basis as accrued.

Since this proposal was originally prepared, $10,787.50 in budget has been invoiced, with $1,541 outstanding (Invoice #63190). As of the date of this proposal, and including the outstanding invoice, $29,212.50 remains in the original budget.

If the City would also like assistance with the 2024 and 2025 APRs, an additional $19,490 in budget is requested at this time. If this option is chosen, the new budget for this project would be $48,702.50.

We appreciate the opportunity to assist with this project. This scope of work is fully negotiable to ensure the proposal meets the City’s needs for this work effort and is valid for a period of 30 days. Please let us know if you have any questions. We look forward to continuing to assist the City of Banning.

Sincerely,
Rincon Consultants, Inc.

Brenna Weatherby | Principal
[email protected]
Authorized to contractually obligate and
negotiate on behalf of Rincon Consultants,
Inc.

Attachments
Attachment 1 Fee Schedule
60 City of Banning
Proposal for City of Banning Annual Progress Report Services 3 Attachment 1 – Fee Schedule
61 Rincon Consultants, Inc.

Effective January 1, 2024
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2024 – December 31, 2024 Senior Principal $319
Principal $307
Director $307
Senior Supervisor II $292
Supervisor I $272
Senior Professional II $255
Senior Professional I $238
Professional IV $211
Professional III $196
Professional II $174
Professional I $155
Associate III $130
Associate II $117
Associate I $109
Field Technician $94
Data Solutions Architect $196
Senior GIS Specialist $187
GIS/CADD Specialist II $167
GIS/CADD Specialist I $150
Technical Editor $147
Project Accountant $125
Billing Specialist $107
Publishing Specialist $120
Clerical $107
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.

Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.

Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
62 Rincon Consultants, Inc.

Effective January 1, 2024
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Submeter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
63 -1-
AGREEMENT FOR PROFESSIONAL SERVICES (C01134) FOR

HOUSING ELEMENT ANNUAL PROGRESS REPORTS (APR)

CONSULTING SERVICES BY AND BETWEEN CITY OF BANNING
AND RINCON CONSULTANTS, INC.

THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Rincon Consultants, Inc., a California Corporation, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by a request for a proposal for the performance of the services for the Housing Element Annual Progress Report (APR) Consulting Services and as further defined and described particularly in Article 1 of this Agreement.

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

C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

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 CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant 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. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 64 -2-
standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Services.

By executing this Agreement, Consultant warrants that Consultant: (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 and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 65 -3-
documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

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

1.8 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 to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section

2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant 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 Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 66 -4-

1.11 Corrections.

In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,

5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.

1.12 Party Representatives.

A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“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 City required hereunder to carry out the terms of this Agreement.

B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:

Name Title
Brenna Weatherby Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 67 -5-
Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

A. Consultant is an independent contractor and not an employee of City.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to 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 Section.

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of 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 Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 68 -6-
Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

1.15 Debarment or Suspension.

Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant 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. Consultant 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 Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Fifty Thousand Dollars ($50,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.

2.4 Unauthorized Services and Expenses.
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City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to 70 -8-
unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through April 30, 2026, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.

C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
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D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

4.4 Primary and Non-Contributing.

The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

4.5 Consultant’s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

4.6 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.
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If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

4.9 Evidence of Insurance.

Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.

Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.

4.11 Sub-contractor Insurance Requirements.

Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) 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”), 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, its officers, agents, servants, employees, sub-contractors, 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 73 -11-
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.
2) 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 subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor 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 sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-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.

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

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant 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 Article 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. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 74 -12-
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors 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 “Service 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 Service 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 Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

Consultant 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. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors 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. Consultant 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 Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 75 -13-
sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant 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. Consultant, its officers, employees, agents or sub-contractors, 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 Consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors 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 thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to 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 Consultant 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. 76 -14-

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, 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, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 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 Consultant shall not constitute a waiver of any of the 77 -15-
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.

6.5 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.

6.6 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. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant 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 City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant 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 6.2.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 78 -16-
relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ 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 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.

7.2 Conflict of Interest.

Consultant 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 Consultant’s performance of Services under this Agreement. Consultant 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 sub-contractor without the express written consent of the Contract Officer. Consultant 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 City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant 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.

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 79 -17-

7.3 Covenant Against Discrimination.

Consultant 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, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

Consultant 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, or other protected class.

7.4 Unauthorized Aliens.

Consultant 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 Consultant 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, Consultant 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 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:

If to City Attn: David Newell
Community Development Director
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy, & Pinkney LLP
303 N Indian Canyon Dr
Palm Springs, California 92262
Email: [email protected]
80 -18-
If to Consultant: Attn: Brenna Weatherby
Principal
Rincon Consultants, Inc.
180 N. Ashwood Ave.

Ventura, CA, 93003
Email: [email protected]

8.2 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.

8.3 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.

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other 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 Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 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.

8.6 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 81 -19-
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

8.8 Final Payment Acceptance Constitutes Release.

The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.

8.9 Non-Appropriation of Funds.

Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

8.10 Headings.

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

8.11 Word Usage.

Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

8.12 Business Days.
82 -20-
“Business Days” refers to days that the Banning City Hall is open for business.

8.13 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 that 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 that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
83 -21-
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Slovak Baron Empey Murphy & Pinkney
City Council Approval: _____________
John Pinkney Date
Acting 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.
84 Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Housing Element Annual Progress Report (APR) Consulting Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
85 Exhibit “A”
-2
86 Exhibit “A”
-3
87 Exhibit “A”-4
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 88 Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
None
89 Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following Consultant’s billing rates for all personnel are attached as Exhibit C-1.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

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

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

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

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 90 Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
91 Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
92 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Robert Fisher, Interim City Manager
MEETING DATE: July 8, 2025
SUBJECT: Consideration of Resolution 2025-100, Amending Administrative Policy (AP) No. B-35 – Grant Management/Administration
RECOMMENDATION:

Adopt Resolution 2025-100.

BACKGROUND:

The Administrative Policies provide a guide for the administrative operation of the City. These policies are regulatory in nature and adopted by the City Council. From time to time, it is necessary to amend the City’s Administrative Policies to maintain a current plan that reflects new and amended regulations/laws, organizational structure, and department needs.

JUSTIFICATION:

Approve requested amendment to the Grant Management/Administration policy.

FISCAL IMPACT:

None
ALTERNATIVES:

Do not adopt the resolution and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. B-25 Grant Management_rev 06.11.2025 #3 Revised.docx

2. B-25 Grant Management_Administration.pdf

3. CC_RESOLUTION_2025-100_Revision_to_Grant_Management_Admin_Policy.docx 93 94
City of Banning
Grant Management/Admini�tration
Effective Date:

Review Date:

Prepared by:

PURPOSE:
3/2015
7/2018
Administrative Services
'•
Approve/
:
·
•
·
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�£1!,.dt '-tJ:tL�Z(=
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/"5 ity Manager
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The City of Banning recognizes that grant funding provides significant resources to enhance the City's ability to provide services and activities not otherwise available. The City will seek grant funding for activities that are determined to further City functions or that provide activities which are in the best interest of City residents. The City will examine the benefits of grant funding prior to application and decline funding determined not to meet the above criteria. The purpose of this policy is to:
• Provide procedures related to the requirements for application and contracts for Federal/State grants; and
• Ensure that City departments are accountable for proper grant documentation, administration and activities.

POLICY:

Grant Contract/Requirements for Approval
Prior to acceptance of any funding or expenditure of funds on any grant activity, a written contract is required.

A resolution and approval by the City Council is required before a grant award can be accepted by the City.

Grant Application
Timely grant application/submission to agencies is the responsibility of the department/division. If a grant requires matching City funds, in any amount, or if the grant application requires the approval of the City Council, the grant application must be submitted to the City Council for consideration and approval prior to submittal to the funding agency. Otherwise, the grant application may be signed by the City Manager/Deputy City Manager.

Compliance with Grant Requirements
The City department/division is responsible for compliance with all aspects of grant requirements (terms), including monitoring to ensure that:
• grant activities/projects are properly accomplished;
• grant accounting/recording is accurate;
• performance reports are complete and submitted per terms of the grant; and • request for reimbursement (drawdown) are accurate and submitted on schedule (or as soon as possible after completion of related grant activities). • Sub-recipients are in compliance with 0MB circular A-133 regulations and provisions of the grant program requirements per city policies and procedures.
------------------------------------------------------------------------------------------------- ------------------
95 96
97 98
Resolution 2025-100

RESOLUTION 2025-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, TO APPROVE THE REVISION TO ADMINISTRATIVE POLICY, B-25 GRANT MANAGEMENT/

ADMINISTRATION
WHEREAS, the Administrative Policies provide a guide to the administrative operation of the city and at times need revision, deletions and/or additions; and WHEREAS, the Administrative Policy, B-25 Grant Management/Administration, needed a revision to language in the policy; and
WHEREAS, the City Council desires to authorize the City Manager, or designee, to execute the proposed plan documents on behalf of the City, along with any future amendments that contain only non-substantive and/or administrative changes to the plan documents; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council adopts the Administrative Policy, B-25 - Grant Management/Administration.

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 8th day of July 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
99 Resolution 2025-100

APPROVED AS TO FORM:

John O. Pinkey, City Attorney
Slovak Baron Empey Murphy & Pinkney LLP
100
Resolution 2025-100

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-100, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
101

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: July 8, 2025
SUBJECT: Consideration of Resolution 2025-101, Approving Amendment No.1 to the Professional Services Agreement with Rick Engineering, Inc. in the Amount of $20,930 for the Design of Ramsey Street Water Main Replacement.

RECOMMENDATION:

Adopt Resolution 2025-101.

BACKGROUND:

The City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses. To provide its customers with a reliable supply of water, it is important for the city to continue replacing aging and undersized water distribution infrastructure.

On April 12, 2022, City Council approved Resolution 2022-35 authorizing the use of American Rescue Plan Act (ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure. The approved ARPA project list included the replacement of waterlines along Ramsey Street.

On November 14, 2023, City Council approved Resolution 2023-182 approving a Professional Services Agreement for the Design of Ramsey Street Water Main Replacement to Rick Engineering, Inc., in the amount of $386,895.

On February 25, 2025, City Council approved Resolution 2025-28 for a sole source contract with Rick Engineering, Inc. in the amount of $156,224.03 for the continuation of the Design of Ramsey Street Water Main Replacement due to the expiration of the original contract. The amount of the contract was not in addition to the original amount, but rather the amount left over when the agreement expired.

JUSTIFICATION:

Due to construction funding challenges for this project, the original Agreement with Rick Engineering, Inc. for the design of Ramsey Street Water Main Replacement called for a three (3) phase design process. The available ARPA funds were only sufficient to cover the construction of the first phase and therefore, it was necessary to prioritize the completion of the design of the first phase.

The design work took longer than anticipated due to unforeseen site conditions and design challenges.

As a result, the scope of work was revised to include additional tasks such project management, project meetings and construction staking.
102
Amendment No.1 in the amount of $20,930 is needed so that the remaining phases can be designed in a timely manner..

FISCAL IMPACT:

ARPA funding has been allocated to this project and will be utilized to fund Amendment No.1 through Account No. 660-6300-471.95-10
ALTERNATIVES:

Do not approve Resolution 2025-101 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2025-101_AV_6.30.25.docx

2. Resolution 2022-35.pdf

3. Resolution 2023-182.pdf

4. Resolution 2025-028.pdf

5. Contract Agreement_Rick Engineering.pdf

6. Change Order #1.pdf

7. Amend No.1 Ricks.docx
103
Resolution 2025-101

RESOLUTION 2025-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RICK ENGINEERING, INC. IN THE AMOUNT OF $20,930 FOR THE CONTINUATION OF THE

DESIGN OF RAMSEY STREET WATER MAIN REPLACEMENT
WHEREAS, the City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses. To provide its customers with a reliable supply of water, it is important for the city to continue replacing aging and undersized water distribution infrastructure; and
WHEREAS, on April 12, 2022, City Council approved Resolution 2022-35 authorizing the use of American Rescue Plan Act (ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure. The approved ARPA project list included the replacement of waterlines along Ramsey Street; and
WHEREAS, on November 14, 2023, City Council approved Resolution 2023-182 approving a Professional Services Agreement for the Design of Ramsey Street Water Main Replacement to Rick Engineering, Inc., in the amount of $386,895; and WHEREAS, on February 25, 2025, City Council approved Resolution 2025-28 for a sole source contract with Rick Engineering, Inc. in the amount of $156,224.03 for the continuation of the Design of Ramsey Street Water Main Replacement due to the expiration of the original contract; and
WHEREAS, due to construction funding challenges for this project, the original Agreement with Rick Engineering, Inc. for the design of Ramsey Street Water Main Replacement called for a three (3) phase design process; and
WHEREAS, the design work took longer than anticipated due to unforeseen site conditions and design challenges. As a result, the scope of work was revised to include additional tasks such project management, project meetings, invoicing and construction staking; and WHEREAS, Amendment No.1 in the amount of $20,930 is needed so that the remaining phases can be designed in a timely manner to avoid potential delays in construction; and WHEREAS, ARPA funding has been allocated to this project and will be utilized to fund Amendment No.1 through Account No. 660-6300-471.95-10.

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 the Professional Services Agreement with Rick Engineering, Inc. in the amount of $20,930 for the continuation of the Design of Ramsey Street Water Main Replacement Project.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to Amendment No.1 to the Professional Services Agreement with Rick Engineering, Inc.
104
Resolution 2025-101

SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes and to execute Amendment No.1 the Professional Services Agreement with Rick 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 8th day of July 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
105
Resolution 2025-101

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-101, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8 th day of July 2025 by the following
vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
106
Resolution 2025-101

EXHIBIT A
Amendment No.1 to the Professional Services Agreement with Rick Engineering, Inc. 107
108
109
110
111
RESOLUTION 2023-182

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

APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF

THE RAMSEY STREET WATER MAIN REPLACEMENT TO RICK ENGINEERING, INC. IN THE AMOUNT OF $ 386,895 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF " NOT-TO-EXCEED" $ 425,584.50 WHEREAS, the City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses; and WHEREAS, to provide its customers with a reliable supply of water, it is important for the City to continue replacing aging and undersized water distribution infrastructure; and
WHEREAS, the 2018 City of Banning Integrated Master Plan ( IMP) identified the existing 4-inch water main on the south side of Ramsey Street as deficient due to its age and conveyance capacity to support commercial development on the south side of Ramsey Street from Sunset Ave to Highland Home Road. The IMP also identified the existing 14- inch water main that runs along the north property lines of properties fronting Ramsey Street to be deficient and difficult to maintain outside of public road right of way; and
WHEREAS, on April 12, 2022 City Council approved Resolution 2022- 35 authorizing the use of American Rescue Plan Act ( ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure including the installation of a new water main along Ramsey Street; and WHEREAS, on October 26, 2022 staff released a Request for Proposals ( RFP) for the Design of the Rasmey Street Water Main Replacement to five ( 5) consultants on the on- call Professional Engineering Services list approved by City Council on July 12, 2022 under Resolution 2022- 99 and received three ( 3) proposals; and WHEREAS, the scope of work will include the design of +/- 7,200 linear feet of a new Ductile Iron Pipe ( DIP) water main including reconnection of water services, new fire hydrant connections and abandonment of the existing 4-inch water main in Ramsey Street between Sunset Avenue and Highland Home Road and 14-inch steel water mains north of the existing parcels north of Ramsey Street, and other related tasks. The design will be developed for three construction phases to be constructed as funding becomes available; and
WHEREAS, staff recommends the award of a Professional Services Agreement to Rick Engineering, Inc.

Resolution 2023- 182

112
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. City Council approves the Professional Services Agreement between Rick Engineering, Inc. for the Design of the Ramsey Street Water Main Replacement, to Rick Engineering, Inc. in the amount of $386,895 and approves a 10% contingency for a total project budget of "not-to-exceed" $425,584.50.

SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations, transfers, and to approve change orders within the approved contingency.

SECTION 3. City Council authorizes the City Manager or his designee is authorized to make non-substantive changes to and to execute the Professional Services Agreement with Rick 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 14th day of November 2023 ATTEST:

Caroline Patton, De
City of Banning

APPROVED AS TO FORM AND
LE~
Serita R. Young, City Attorney
Richards , Watson & Gershon
Resolution 2023- 182

113
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023- 182, was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 14th day of November 2023 by the following vote , to wit:

AYES: Flynn , Minjares, Sanchez , and Wallace.

NOES:

ABSENT: Gonzales.

ABSTAIN:

Resolution 2023- 182

Caroline Patton , De City Clerk
City of Bann ing , Califo rnia
114
Exhibit A
Draft Professional Services Agreement with Rick Engineering, Inc.

Resolution 2023- 182

115
AGREEMENT FOR PROFESSIONAL SERVICES ( C00931) FOR DESIGN OF

RAMSEY STREET WATER MAIN BY AND BETWEEN CITY OF BANNING AND GLENN A. RICK ENGINEERING & DEVELOPMENT CO. DBA RICK

ENGINEERING COMPANY
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( herein " Agreement") is made and entered into this day: ________ , (" Effective Date") by and between the CITY OF BANNING, a California municipal corporation (" City") and Glenn A. Rick Engineering & Development Co., a California Corporation, dba Rick Engineering Company. (" Consultant"). City and Consultant 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. 23-036) from the bench of prequalified Engineers ( RFQ- 22-007), the performance ofthe services for the Design of Ramsey Street Water Main and as further defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article I of this Agreement, was selected by City to perform those services.

C. The Parties desire to formalize the selection of Consultant for performance ofthose services defined and described particularly in Article I ofthis Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

NOW, THEREFORE, in consideration ofthe 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 CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the " Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the " Services" hereunder. As a material inducement to City entering into this Agreement, Consultant 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. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in 2344655v8
116
performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase " highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code. Therefore, as to those services that are " public works," Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.

1.2 Contract Documents and Exhibits.

This Agreement includes the Request for Proposal and Consultant' s accepted proposal Contract Documents"), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B Special Requirements), Exhibit C ( Schedule of Compensation), and Exhibit D ( Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.

1.3 Compliance with Law.

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

1.4 Licenses. Permits. Fees and Assessments.

Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant' s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Services.

By executing this Agreement, Consultant warrants that Consultant: ( 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 and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from the Contract Officer ( defined in Section 1.12. A). 2-
11303- 0008\ 2450682vl. doc
117

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term ( defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City' s own negligence.

1.7 Further Responsibilities of Parties.

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

1.8 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 to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in ( i) the Contract Sum ( as defined in Section

2.1), and/ or (ii) the Schedule of Performance, ( as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation ofup to ten percent ( 10%) of the Contract Sum, or $ 25, 000, whichever is less; or in the Schedule of Performance of up to one hundred eighty ( 180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant 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 Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (" City Facilities"), as City deems, in its sole discretion, to be reasonably necessary for Consultant' s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 3-
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1.10 Special Requirements.

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

1.11 Corrections.

In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,

5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction( s) in a reasonably timely manner, such correction( s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction( s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction( s), as provided in Section 6.3.

1.12 Party Representatives.

A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager 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 City required hereunder to carry out the terms of this Agreement.

B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant' s behalf regarding the Services specified herein and make all decisions in connection therewith:

Name
Richard O'Neill Associate Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the tenn of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 4-
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2) Consultant' s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All ofthe Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant' s staff and sub- contractors, if any, assigned to perform the Services required under this Agreement.

Consultant shall notify City of all changes in Consultant' s staff and sub- contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub- contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

A. Consultant is an independent contractor and not an employee of City.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its superv1s1on. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant' s personnel practices. City shall have the right to 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 Section.

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation ofConsultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of 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 Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 5-
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in Exhibit C-1 and the not- to- exceed sub- budget rates set forth in the " Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Three Hundred Eighty- Six Thousand Eight Hundred Ninety- Five ($ 386, 895. 00) ( the Contract Sum"). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub- contractor expenses of an approved sub- contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.

2.4 Unauthorized Services and Expenses.

City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 6-
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty ( 30) days of receipt of Consultant' s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period( s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including City, if Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer' s determination ( or the City Council' s determination, in the event the period of enforced delay exceeds the period specified in Section

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 7-
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant' s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term ofthis Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections

1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five ( 5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

A. Commercial General Liability Insurance with a m1mmum limit of 1,000, 000. 00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000, 000. 00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

B. Automobile Liability Insurance for any owned, non- owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of 1,000, 000. 00 per accident for bodily injury and property damage. If Consultant does not use any owned, non- owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non- owned auto endorsement to the Commercial General Liability policy.

C. Workers' Compensation Insurance as required by the State of California and Employer' s Liability Insurance with a minimum limit of $1,000, 000. 00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.

D. Professional Liability/ Errors and Omissions Insurance with minimum limits of $1,000, 000. 00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 8-
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edition ofthe A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

The commercial general and automobile liability policies · shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

4.4 Primary and Non- Contributing.

The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self- insurance available to City. Any insurance or self- insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant' s insurance and shall not contribute with it.

4.5 Consultant' s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Consultant and Consultant' s employees, agents or sub- contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

4.6 Deductibles and Self- Insured Retentions.

Any deductibles or self- insured retentions must be declared to and approved by City. At City' s option, Consultant shall either reduce or eliminate the deductibles or self- insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment oflosses and expenses.

4.7 Cancellations or Modifications to Coverage.

Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two ( 2) Business Days ( as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant' s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant' s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 9-
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4.9 Evidence oflnsurance.

Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City' s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.

Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two ( 2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant' s liability or as full performance of Consultant' s duty to indemnify City under this Agreement.

4.11 Sub- contractor Insurance Requirements.

Consultant shall require each of its sub- contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless 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, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney' s fees and costs of defense ( collectively Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code Section 2782. 8( c). 2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify 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 10-
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damages ( collectively " Claims"), 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, its officers, agents, servants, employees, sub- contractors, 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 Claims 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 Claims 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.
3) 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 subparagraph A.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub- contractor 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 indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the lndemnitees from and against any and all Liabilities and Claims, in 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 sub- contractor, its officers, agents, servants, employees, sub- contractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s sub- contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities and Claims 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. Consultant' s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant 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 Article 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. 11-
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D. Survival of Terms. Consultant' s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION 5 .1 Service Records.

Consultant shall keep, and require sub- contractors 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 " Service 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 Service 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 Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three ( 3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant' s business, custody of the Service Records may be given to City, and access shall be provided by Consultant' s successor in interest (" Consultant' s Successor"). If custody of the Service Records is given to Consultant' s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant' s Successor. The notice shall include contact information address and telephone number) for Consultant' s Successor, and access shall be provided to City by Consultant' s Successor.

5.2 Reports.

Consultant 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. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the " Consultant Documents") prepared by Consultant, its employees, sub- contractors 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. Consultant 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 Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/ or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City' s sole 12-
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risk and without liability to Consultant, and Consultant' s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub- contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant 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. Consultant, its officers, employees, agents or sub- contractors, 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 Consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or sub- contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Consultant' s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub- contractors 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 thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to 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 Consultant covenants and agrees to submit to the personal jurisdiction of such 13-
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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.

6.2 Disputes: Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6. 7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten ( 10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated ( provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set- off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out ofthis Agreement): ( i) any payment amount ofwhich may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, ( iii) all amounts for which City may be liable to third parties, by reason of Consultant' s acts or omissions in performing or failing to perform Consultant' s obligation under this Agreement, and ( iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub- contractors fail to maintain any required insurance in full force and effect, 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, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 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 14-
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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 Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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.

6.5 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.

6.6 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. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6. 7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty ( 30) days' written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant 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 City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant 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 6.2.
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6.8 Attorneys' Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement ( whether in contract, tort or both) or seeks a declaration of any rights or obligations under 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 attorneys' fees. Attorneys' fees shall include attorney' s fees on any appeal, and in addition the Party entitled to attorneys' 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 7. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION

7.1 Non- liability of City Officers and Employees.

No officer or employee of City shall be personally liable to Consultant, or Consultant' s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant' s Successor, or for breach of any obligation of the terms of this Agreement.

7.2 Conflict of Interest.

Consultant 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 Consultant' s performance of Services under this Agreement. Consultant 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 sub- contractor without the express written consent of the Contract Officer. Consultant 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 City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant 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.

Consultant and its officers, employees, associates and sub- contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant' s Services under this Agreement, including the Political Reform Act ( Gov. Code § 81000, et seq.) and Government Code Section I090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer' s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would 16-
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require Consultant or one of its officers, employees, associates or sub- contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

7.3 Covenant Against Discrimination.

Consultant 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, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

Consultant shall talce 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, or other protected class.

7.4 Unauthorized Aliens.

Consultant 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 Consultant 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, Consultant 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 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: ( a) on confirmed delivery by courier service or overnight delivery service during Consultant' s and City' s regular business hours; or (b) three ( 3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:

Ifto City
l 1303- 0008\ 2450682v I .doc
Attn: Nathan Smith
Deputy Director of Engineering
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: nsmith@banningca. gov
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With a courtesy copy to:

Ifto Consultant:

8.2 Interpretation.

Serita R. Young, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: SYoung@rwglaw. com
Attn: Rick O'Neill
Rick Engineering Company
1770 Iowa Avenue, Suite 100
Riverside, CA 92507
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.

8.3 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.

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other 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 Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 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.

8.6 Mutual Cooperation.
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A. City' s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant' s proper performance of the Services required under this Agreement.

B. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant' s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8. 7 No Third Party Beneficiaries Intended.

This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

8.8 Final Payment Acceptance Constitutes Release.

The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s Services. Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within ten ( 10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub- contractors and agents for the accuracy and competency of the information provided and/ or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub- contractors and agents.

8.9 Non- Appropriation of Funds.

Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

8.10 Headings.

The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
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8.11 Word Usage.

Unless the context clearly requires otherwise, ( a) the words " shall," " will" and agrees" are mandatory and " may" is permissive; ( b) " or" is not exclusive; and ( c) " includes" or including" are not limiting.

8.12 Business Days.

Business Days" refers to days that the Banning City Hall is open for business.

8.13 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 that 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 that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING
Douglas Schulze,
City Manager
ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
City Attorney
Date
Date
Date

CONSULTANT
NAME: Date
TITLE:

NAME: Date
TITLE:

Tax ID No.

Address:

City Council Approval: ______ _
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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EXIIlBIT " A"

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Engineer Design Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:

Exhibit " A"-1
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EXHIBIT" A"

SCOPE OF WORK
Rick Engineering Company ( RICK) will perform the following services in connection with providing the design of a new ductile iron pipe ( size TBD by city) water main in Ramsey Street between Sunset Avenue and Highland Home Road based on the following scope of work.

Task 1. Project Management

1.1 Kick-off Meeting and Project Management
After execution of the contract, Rick Engineering Company ( RICK) will schedule and attend a kick- off meeting with the City of Banning ( City) to discuss the project scope, goals, preliminary findings and alignment selected by the City, finalize the project schedule, and identify available as-built plans and studies. RICK will prepare the meeting agenda and provide the team with meeting minutes following the meeting.

RICK will provide project management of the project that includes preparation and maintenance of a project specific Work Plan. The Work Plan will include details of methodology of design, sequence of tasks lists of deliverables, milestone submittal schedule, summary of organizational responsibilities, and a communication plan with contacts of all team members. Additionally, RICK will provide utility coordination with the utility providers that have utilities along the alignment, and perform quality assurance and quality control prior to each milestone submittal, and in conformance with federal, state, and city standards.

Deliverables - Meeting agenda and minutes, Work Plan

1.2 Progress Meetings
RICK will schedule monthly progress meetings with the City and project team, that will be face to face or virtual, and facilitate additional meetings with the City departments/ stakeholders as needed for the project during the project duration.

Scope assumes 8 monthly meetings, that includes milestone design review/ comment resolution meetings and an additional 3 project meetings.

RICK will prepare agendas and minutes for the meetings, distribute the minutes, and will also provide a monthly progress report to be included with the monthly invoice.

Deliverables - Meeting agendas and minutes
Exhibit " A" - 2
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EXHIBIT" A"

1.3 Invoicing
RICK will develop and provide a monthly invoice to the City. The invoice will include RICK labor costs, subconsultant invoices and direct expenses. Direct expenses will be supported by a copy of the receipt if applicable. Invoices shall include details of billed and remaining budget for each task, and will include the monthly progress report of the tasks completed, identify any outstanding issues to be resolved, and upcoming work to be performed.

Deliverable - Monthly invoices and progress reports
Task 2. Project Development

2.1 Utility Research, Base Mapping, and Site Reconnaissance RICK will conduct research with the City of Banning, County of Riverside, and other governing agencies and utility companies for existing plans and maps of the adjacent area to be used for the design of the project.

RICK will conduct a field visit to collect visible information of project site.

Research will consist of the private water systems that will be reconnected to the new/ proposed waterline in Ramsey Street and the affected private properties.

RICK will verify existing site data in terms of surrounding street system, geometry, parking, signing and striping, and private improvements and private water system appurtenances on the properties.

RICK will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.

Deliverables - Photo log for any photos taken, letters to utility companies, utility as-built maps, and an AutoCAD drawing of the existing utilities.

2. 1. l Property Research
RICK will research City of Banning and County of Riverside survey records and record mapping for property and right of way information. RICK will also conduct a field survey to establish street centerline and rights of way of Ramsey Street within the project limits ( between Sunset Avenue and Highland Home Road), Omar Street ( between Ramsey and W. Jacinto View Road), W. Jacinto View Road between Omar Street and Winchester Drive), and the property lines of the adjacent private properties and private properties that are affected by the relocation of water services. Survey basis of bearings and coordinates will be California State Plane Coordinates. Survey data and records analysis will be prepared within a CAD file establishing project mapping for centerline and right of Exhibit "A" - 3
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EXHIBIT"A"
way, including intersecting streets. Base mapping will include existing easements.

Easements will be researched to identify their applicability/ inapplicability with new waterline alignments.

Deliverables - Field Review notes, photo log for any photos taken, and an AutoCAD drawing of the rights of ways and centerline.

2.1.2 Site Topography and Surveying
RICK will provide a supplemental field topography along the existing water line points of connection and where needed and the effected private properties where water systems will be reconnected in Ramsey Street). Consultant will locate and dip existing sewer and storm drain manholes. Topography will be vertically controlled by local published benchmarks.

Deliverables - Field Review notes, photo log for any photos taken, and CAD file with survey points.

2.1.3 Aerial Topography
RICK will provide an aerial topography of the project site consisting of surface utility appurtenances and improvements such as curb, edge of pavement, drainage inlets, valve cans, fences, driveways, mailboxes, utility vaults, power poles, signs, lights, traffic signals, sidewalks, pedestrian ramps, and notable grade features.

Deliverables - 40- scale at 1-foot contours

2.2 Potholing
RICK' s subconsultant, C Below, will perform potholing for the project. C Below will perform forty ( 40) potholes as indicated in the RFP. A standard pothole is 12 in. x 12 in, performed to the top of pipe or encasement with sand backfill and a permanent surface patch. Potholes are assumed to be 5' in depth. Potholes include water line tie-in points and underground utility crossings. Potholes will also be used to locate the old Highway 99 concrete by setting alignment of potholes perpendicular to Ramsey Street, spaced 10' on center curb to curb. Alignments will be performed at mid- point of each project phase ( 3 alignments). C Below will provide a detailed potholing report at the conclusion of the investigation. Service includes Dig Alert Coordination and Delineation, Encroachment permit, vacuum excavation to top of utility, encasement, or stop depth, standard traffic control, 12- inches of hot patching ( restored within 30-days of excavation activity), sand backfill, removal of debris, and pothole report. Services not included are slurry backfill, extensive traffic control, flagging for traffic control, sidewalk concrete Exhibit "A" - 4
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EXHIBIT" A"
panel replacement, and removal of Dig Alert marks.

Standard traffic control includes one lane closure with minimal signage not spanning an intersection.

Prior to potholing, a potholing plan will be developed showing location of potholes for connection points, intermediate points, and location of other underground utilities.

Deliverables - Potholing plan and potholing report

2.3 Geotechnical Study
Geocon is proposing to drill six ( 6) geotechnical borings up to 15 feet in depth, along portions of the proposed water main alignment, where the subsurface explorations of our 2018 geotechnical investigation cannot supplement. The geotechnical borings will be performed to the observe subsurface soil conditions and collect samples for laboratory testing. We expect that traffic control signage/ equipment will be sufficient and flag persons will not be required. Furthermore, we expect that the Banning encroachment permit will be a no fee permit for this project, and that patching of the borings with asphalt concrete cold- patch is acceptable.

RICK's subconsultant, Geocon West, Inc, will consist of:

Mark the planned boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near the exploration locations. Additionally, the client should provide plans depicting the locations of all utilities in the project area.

Prepare no-fee encroachment permits with the City of Banning for our work. We have assumed a traffic control plan utilizing MUTCD or Watchbook details will be sufficient, and an engineered traffic control plan will not be required.

Provide traffic control setup and breakdown at each boring location. We plan to source traffic control signage/ equipment for our work and did not include flag persons in this budget.

Drill six ( 6) geotechnical borings along the portion of the proposed water main alignment that our 2018 subsurface explorations cannot supplement. We will collect bulk and ring samples of the subgrade soil for laboratory testing. Borings will be backfilled with soil cuttings and clean sand, and capped with asphalt concrete cold- patch upon completion. We expect borings of up to 15 feet will be sufficient for design of the proposed water main. Borings will be located so that there is an approximate 500- foot interval maintained between the new borings and 2018 borings, along the proposed water main alignment, to ensure an appropriate standard of care. We have budgeted one day of drilling.

Perform laboratory testing which is expected to include in-situ moisture content and dry density determinations, maximum dry density and optimum moisture Exhibit "A" - 5
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EXHIBIT" A"
content, grain size analysis, corrosion screening, sand equivalent, and direct shear testing. The laboratory testing program will be based on the conditions encountered during the field investigation with respect to the proposed improvements. Our 2018 laboratory test results will be provided as supplemental information for the portion of the proposed water main alignment able to be covered by our 2018 geotechnical investigation.

Prepare a geotechnical report presenting our findings in the field, boring logs, a map depicting the boring locations, a discussion of the geotechnical conditions at the site, and geotechnical parameters for storm drain design.

Assumptions:

The borings can be safely performed in the vicinity of the proposed water main alignment, considering existing utilities are present and to facilitate traffic flow around our drilling operations. Where performing the borings poses a conflict with existing utilities, resulting in an unsafe working environment for property, personnel, and/ or motorists/ pedestrians, the planned borings will be relocated, as feasible.

This proposal does not include any costs to re-grade, install hot- mix asphalt concrete patching, re-vegetate, landscape or otherwise repair disturbed areas.

Deliverables - Geotechnical report
Task 3. Preliminary Engineering Design

3.1 Preliminary Design Plans ( 30% design)
RICK will prepare waterline plans for approximately ( 7,200 LF) for a proposed Ductile Iron pipe in Ramsey Street between Sunset Avenue and Highland Home Road. Plans will be at 40-scale and include plan and profile. Plans will be setup for 3 construction phases:

Phase 1: The waterline between Sunset Avenue to near the property at 3929 W.

Ramsey Street.

Phase 2: The continuation of Phase 1 to Omar Street, then continuing north on Omar to W. Jacinto View Road, and then east to the Winchester Drive intersection.

Phase 3: From Omar Street westerly on Ramsey Avenue to approximately Highland Home Road.

Additionally, RICK will:
a. Collect the data from the utility and property research from scope items above to use as part of the base file for the water plans. Existing utilities will be shown on the plans in locations verified by the potholing above and/ or provided by the utility companies. As part of the plan preparation, RICK will contact affected Exhibit "A" - 6
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EXHIBIT"A"
utility companies to obtain permits if needed ( utility fees to be paid by the City of Banning).
b. RICK will arrange and participate in informal meetings as necessary with City staff to review the progress of the project and exchange ideas and information. c. Meetings with the City of Banning will discuss the key design issues and develop general project criteria for construction, including schedule and possible ways of minimizing problems. RICK will prepare and submit meeting agendas prior to the meetings.
d. RICK will provide data received and assumptions utilized to the city for approval prior to integrating the data into the project' s final design. e. RICK will prepare preliminary water plans ( 30- percent design) using AutoCAD for approximately 7,200 LF of water line ( 8-inch to 14-inch) to establish an agreement with the City of Banning on project scope, alignment, easements, parameters, hydraulic requirements, maintenance concerns, constructability and construction phasing, traffic impacts, and general disruption to the area. The preliminary design is to be submitted to the City of Banning for review and approval. The preliminary design shall address the following:
a. Pipeline alignment/ facility locations
b. Construction schedule and phasing recommendations
c. Construction Cost Estimate of recommended improvements d. Conflicts with other utilities and adjacent facilities in the area e. Traffic and pedestrian control
f. Erosion Control
g. Preferred materials for construction
h. Areas where construction work is limited or controlled. i. Impacts to City water system.
j. Impacts to surrounding business and residential areas. k. Easements ( existing and proposed)
I. Corrosion protection ( if necessary)
f. The preliminary design will be submitted in PDF format through the City' s SmartGov platform for the City of Banning' s review and concurrence. The design will be at a 30% level of effort. Changes in layout and location of facilities suggested by the city will be investigated. A final layout and location of facilities will then be established.
g. As part of the meetings with the city, discussions and submittals of material will be presented to the city through the preliminary design process to reduce comment time and effort by the city.

It is assumed that the City of Banning will provide the size of the proposed new waterline. A hydraulic analysis is not included with this scope. However, we have provided it as an additional/ if needed service.

It is assumed that the majority of the existing waterline will be abandoned in place.

Exhibit "A" - 7
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EXHIBIT"A"
As part of the 30% design, RICK will prepare a traffic control conceptual staging plan for Phase 1 only identifying the assumed stages for each of the phases as noted in the Request for Proposal. The project Phase 1 proposes to construct approximately 2,600' of a water main along Ramsey Street from Sunset Avenue to 3929 W. Ramsey Street. It is anticipated that the traffic control conceptual staging plan will be prepared at 40 scale and will identify the proposed linear footage per stage and a description of the work that will be completed.

Deliverables -( all via the city's SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.

3.2 Preliminary Design Plans ( 60% design)
Rick will prepare plans based on the 30% design and subsequent review comments by the City. Plans include a one (1) cover sheet, two (2) detail sheet, ten (10) plan and profile sheets, two (2) connection detail sheets for private landowners, and one (1) valve shut down sheet if needed, and will show the existing water services and fire hydrants to the new waterline. Due to the existing waterline being at the back of the effected parcels, water meters, backflow devised and related system components shall be moved to front Ramsey off the new proposed waterline. Detail sheets will detail the on-site design connecting to the new line to provide a water system at minimum equal to the existing condition.

RICK's subconsultant, Dexter Wilson Engineering, will assist in preparation of technical specifications, pipeline material design, pipeline deflection calculations, design of thrust restraining systems, details for phased connections, details for connection to the existing pipeline, peer review of replacement plans, and other pipeline design aspects.

Consultant will incorporate any comments received from the City of Banning on the traffic control conceptual staging plan into the 60% design plans. Consultant will prepare 40-scale traffic control plans for the work associated with the Ramsey Street Water Main for Phase 1 only. The traffic control plans will provide work zones that are staged for construction of the water main, appurtenances, laterals, and any required detours. The one stage of traffic control is assumed as follows:

Phase 1: Sunset Avenue to 3929 W. Ramsey Street. There are assumed 5 stages of traffic control; Stage lA is to 600' west of Sunset Avenue; Stages lB, 1C, 10, and 1E will be up to 500' along Ramsey to 3929 W. Ramsey Street.

The traffic control plans will be prepared following the requirements of the California Manual on Uniform Traffic Control Devices ( MUTCD) and the City of Banning. Three ( 3) submittals are assumed - 60%, 90%, and final. Five ( 5) sheets Exhibit "A" - 8
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EXHIBIT"A"
of traffic control plans are assumed for Phase 1.

A progress meeting will be coordinated with the City of Banning to discuss the 60% design plans. The meeting will discuss the comments and markups and establish a timeline for the project moving forward.

Deliverables -( all via the city' s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.

3.3 Detailed Design Plans ( 90% Design)
Rick will prepare the 90% detailed design waterline plans and traffic control plans based on the 60% review comments received from the City of Banning and other entities. Plans shall follow the City of Banning standards and policies.

RICK will prepare project specifications following the Standard Specifications for Public Works Construction, SSPWC, " Greenbook11 , latest edition.

RICK will prepare an opinion of probable cost and bid schedule that has construction items of work, unit of measurement, unit cost, and cost based on the detailed design waterline plans.

Deliverables -( all via the city' s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
Task 4. Final Design Plans

4.1 Final Water Plans
Upon authorization from the City, RICK will finalize the waterline plans and traffic control plans based on the final comments from the City and other entities. Plans will follow the City of Banning standards and policies. Plans will be signed by a licensed Civil Engineer and provided to the City of Banning on Mylar.

RICK will provide the City of Banning a Final set of Project specifications based on final comments from the City of Banning following the SPPWC. RICK will also provide a final opinion of probable cost and bid schedule based on the signed waterline plans.

Deliverables -( all via the city's SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
Exhibit "A'1 - 9
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Task 5. Easement Documents

5.1 Easement Documents
EXHIBIT" A"
RICK will prepare a legal description and plat for each easement for three (3) permanent easements to be granted to the City of Banning and ten (10) temporary construction easements that are required for reconnection of existing private water systems to the new water main. RICK will obtain and review title reports for the thirteen ( 13) affected properties.

RICK assumes three (3) permanent easements to be granted to the City of Banning and ten (10) Temporary Construction Easements for reconnection of existing private water systems to the new water main.

Assumptions:

Assumes up to 13 tax parcels owned by 13 unique entities are impacted by temporary construction easements ( TCE's) and/ or permanent easements.

Scope does not include any discussions with property owners.

No appraisal work or negotiations included.

Consultant is providing legal description and plat for the 13 easements only.

Deliverables -( all via the city' s SmartGov platform): Easement documents ( legal description and plat) and up to 13 preliminary title reports.

Task 6. Stormwater Pollution Prevention Plan

6.1 Stormwater Pollution Prevention Plan
The Risk Type 1 LUP SWPPP will be prepared in accordance with the requirements of the Appendix Eof the National Pollutant Discharge Elimination System ( NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order WQ 2022- 0057- DWQ NPDES No. CAS000002 ( adopted September 8, 2022, effective September 1, 2023).

RICK will prepare a Risk Type 1 LUP SWPPP based on the project' s assumed Risk Type.

This task will also include the preparation of a Notice of Intent (NOi) on the Storm Water Multi Application Report Tracking System ( SMARTS) database. The Discharger must designate RICK as a Data Entry Person to prepare the NOi. The Discharger/ LRP must electronically certify and submit the NOi on SMARTS.

Exhibit "A" - 10
146
EXHIBIT" A"
RICK will act as the initial Qualified SWPPP Developer ( QSD) for the preparation of the SWPPP, however the Discharger must hire a QSD and a Qualified SWPPP Practitioner ( QSP) for implementation of the SWPPP throughout the life of the project.

Based on the provided bid package this project is assumed to be a Risk Type 1 LUP based on the following assumptions:

1. More than 70% of the soil disturbance will occur on paved surfaces; and

2. Areas that are disturbed will be returned to pre- project conditions at the end of each day.

Deliverables -( all via the city' s SmartGov platform): SWPPP ( erosion control plan submitted via drawing submittals)
Task 7. Construction Surveying and Staking

7.1 Phase One Water Stakes
RICK will maintain horizontal and vertical control for the duration of the surveying work on this project. RICK will also provide required calculations to field crew for each survey request received.

RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50' on center along tangent sections and 25' on curves to facilitate the construction of approximately 2,600 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.

Water stakes to be set in three ( 3) trips.

Deliverables - Construction Staking Cut Sheets
7 .2 Phase Two Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50' on center along tangent sections and 25' on curves to facilitate the construction of approximately 2,700 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.

Water stakes to be set in three ( 3) trips.

Deliverables - Construction Staking Cut Sheets
Exhibit " A" - 11
147
EXHIBIT"A"

7.3 Phase Three Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50' on center along tangent sections and 25' on curves to facilitate the construction of approximately 1,900 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.

Water stakes to be set in three ( 2) trips.

Deliverables - Construction Staking Cut Sheets
Task 8. Bidding/ Construction Support - Phase 1 Only

8.1 Bidding
RICK will be available during the advertising and bidding of the project to assist the City of Banning in answering questions/ Rfl's and the preparation of plan addenda, if needed. RICK will attend one (1) pre-bid meeting for the bidding process.

Deliverables- Meeting attendance, responses to Bidder' s RFl's

8.2 Construction Administration
RICK will be available during the construction of the project to answer RFl's and prepare plan addenda, if needed. RICK will attend one (1) pre-construction meeting and eight (8) site visits during construction of the project as requested by the city. RICK will review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or resubmittal.

Deliverables- Meeting attendance, response to Contractor' s RFl's, design addenda, submittal reviews

8.3 As-Built Plans
RICK will prepare As-Built Plans and process with the City of Banning, as necessary. Scope assumes RICK will receive as-built letters from the contractors and the contractor' s as-built plan markup' s. Scope assumes no major changes have occurred and does not include any as-built survey time. As-built plans will be submitted to the City within one month of receiving as-built letters and markup' s from the contractor.

Deliverables - As-built Plans
Exhibit "A" - 12
148
EXHIBIT" A"
Additional Services ( If Needed Services)
Corrosivity Assessment
Rick's subconsultant, RF Yeager will prepare a corrosivity assessment for the proposed waterline, that will include a field resistivity testing, a review of the Geotech/ soil chemical analysis data, a review for the potential of stray current interference, and a Corrosivity Assessment Letter Report. This information will be used for the determination of the type of corrosion protection and if any cathodic protection for the pipeline would be required and the corrosion control approach that the City may want to implement.

Deliverable - Corrosivity Assessment Letter Report
Corrosion Control Design
As part of the 90% design plans, RICK' s subconsultant, RF Yeager, will provide Corrosion Control Design as part of the plans if Client requires joint bonds, test stations, insulators, and other standard corrosion control facilities. It is recommended the Client to use joint bonds, test stations, and insulators ( steel or DIP) such that the pipeline is made electrically continuous and test stations are installed at the side of the road. This allows for monitoring and for adding cathodic protection in the future ( should soil conditions/ pipeline environment change) and will be much less costly because the pipe is electrically continuous and test stations are already installed. Corrosion control detail sheets, specifications, and cost estimate is included.

Cathodic Protection Design Pipeline
If it is found that Cathodic Protection is required, RICK' s subconsultant, RF Yeager, will review the waterline plans, provide comments, and corrosion control design analysis/ calculations. Details and specifications will be included. A cathodic protection system cost estimate will be included. RF Yeager will then address the 90% plan comments and provide final 100% design documents. Once approved for final signature, RF Yeager will sign and stamp the final drawings. Cathodic protection detail sheets, specifications, and cost estimates are included.

Deliverables - Corrosion control design analysis/ calculations, specifications, and cost estimate.

Hydraulic Analysis
RICK' s subconsultant, Dexter Wilson Engineering, will perform hydraulic modeling for the waterline sizing for the project site, if City does not provide the waterline Exhibit "A" - 13
149
EXHIBIT" A"
s1zmg. It is assumed City will provide the necessary information to run the modeling.

Caltrans Encroachment Permit
RICK will prepare one ( 1) Caltrans encroachment permit application for the traffic control devices ( i.e. advance signage) that are within the Caltrans right- of- way ( ROW) along Sunset Avenue in the vicinity of 1-10. For the Caltrans encroachment permit application, the traffic control plans are assumed to be submitted to Caltrans in City of Banning format and will include a Caltrans signature block on the plans.

Plan Processing and Coordination ( Caltrans)
RICK will submit and process the traffic control plans with Caltrans District 8. It is assumed that \ JP to two ( 2) sets of plan check review comments will be received, coordinated, and addressed.

Monument Preservation
Pursuant to Section 8771 of the Business and Professions Code, preconstruction corner records will be prepared and filed identifying recovered survey monuments within the proposed construction limits. Post construction corner records will also be filed reflecting replacement monuments.

Deliverables - Pre and Post construction corner records Monument Replacement
RICK will replace destroyed survey monuments at the completion of the construction with the project limits.

Record of Survey
Pursuant to 8762 of the Business and Professions Code the filing of a Record of Survey shall be filed if the survey discloses " the establishment of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from the inspection of the subdivision map official map or record of survey.

Exhibit " A" - 14
150
Exhibit " A"
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/ or teleconferences.
b. Email updates/ questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

Exhibit " A"- 15
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151
EXIDBIT " B"

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations DIR") implementing such statutes. Therefore, as to those Services that are " public works," Consultant shall comply with and be bound by all the terms, rules and regulations described in l(a) and 1 (b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

Exhibit " B"- 1
l l303- 0008\ 2450682v I .doc
152

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777 .1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777 .1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $ 25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby 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."
Date ______ Signature ___________ _
Exhibit " B" -2
I 1303- 0008\ 2450682v I.doc
153

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

Exhibit " B"- 3
I1303- 0008\ 2450682v I.doc
154
EXIDBIT " C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Scope of Services at the rates stated in Exhibit C-1.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub- budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

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

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

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

D. Line items for all approved sub- contractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. Consultant' s billing rates for all personnel are attached as Exhibit C-1.

Exhibit " C"- 1
l1303-0008\2450682v I.doc
155
EXHIBIT "C-1 "

CONSULTANT'S BILLING RATE AND TASK SCHEDULE
RICK
E 'OTNF.F.Rl'-17 ( :o~fPANY
Prim: ipa l Con ult11n1 ( Spec ial Project:;) .................................. S300.00 Prim:ipal .......... ............... .... . .................................... 260.00 Assoc iate' Principal .................................................................... 240 .00 Associa te: fananer ................................................................... 22.S.OO Expe rt Wiln ess .......................................................................... 450.00 Coort Appe a.ra nct' fl'C'I' half day or part .................................... 1.800.00 S<'llior Proja: 1 ~ a nagc r ......................................................... S225. 00 Principa l Project En •inrer/ Managcr ......................................... 210.00 Assoc iate Project En • inecr' Managc r.. .................. . ............... 190.00 Ass i,tanl Project Engineer/ Mana ! er .......................................... 175.00 Princi p.al En •inoc:rin , Dcs i!,'ller ................................................ 155.00 Assoc iatt' Engine ering Ik-;.ii,,' Tler. .............................................. 140.00 A ·i,twit En;;inecri ng De-signer ................................................ 130.00 Princ ipa l Ensinec: rins Dru rtcr..................................... lr . oo Assoc iate: Eng inec:ring Drafter............................... 11 5.00 Assi, tant Enginee rin g Draflt'r .................................. 105.00 Senior Trunsporta tion/Tmffa Eng ineer................................... 215.00 Princ ipa lTrunsportalion.' Traflic Eng int't"r ................................. 210.00 Assoc iate Tmnsportatio n/ f ra flic Engineer ................................ 190.00 As.,~lant Tr.insportation/ Trnflic Engineer ................................. 17 . 00 Princ ipal Trun.spurtatiun raflic Desi!,,'Tlt"r ................................. 155.00 Assoc iate Tnmsportat ioruTrafflc Designer ................................ 140.00 Ass i,1ant Transporta tion/Tmllic Des igncr ................................ 130.00 Princ ipa l Commun ity Planner ................................................ S215. 00 Prin cipa lProjt-ct PlanncriMananer ........................................... 200 .00 Arnx·ia tt' Project Planncr' Manager........................ 18 · .00 Senior Pla nn er ........................................................................... I 5.00 A ·oc iate Plann er ................................ . .................. 140.00 Ass i,tanl Planne r ....................................................................... 120 .00 Planning Technician .................................................................... 95 .00 Principa l Projec t Lan dscape Arc hit ect/Manmgcr .................... S190.00 Ass oci ate Projec t Landscape Archi tect/Manager .... 170.00 Assi,tant Project L~d,rnpe ArchitectiManay<' r ..... IS0.00 Pri nc ipa l Lands cape iU,ben Desi mt-r ....................................... 125.00 Assoc iate Lamlscape! Urban De5igner .................... ... 120.00 Ass i,1ant lan d.cape' l.Jib1L11 Designt- r ....................................... 115.00 Pri nc ipal En, iron mt'lllal Prujt-cl Manuger ............................... 5200. 00 A,soc iate Environmenwl Project Manager ............................... 170.00 Ass i,wnt Environmental Proje rl Man a •er ............................... 150.00 Principa l Em ironmenta lSpctiali, L .......................................... 140.00 Asslll·iatt' Enviro nmenLal Spccial i,t ....................... 130.00 Assis tant Environmenta lSpt- ciafat ........................................... 120.00 E.nviru nm enllll Te chnic ian ......................................................... 100.00 Rates , ubject to change fo r pre, ail in • wab"' · ontructs.

When authori2etl. o\crt ime slmll be cbaryed ill the listed rate~ time, 1.5.

Sen iorWotc: r Qualit)' Man agt-r ................................................ 5240. 00 Pri nc ipa lWater Rcsulm: cs De.ignt'r ....................................... 155.00 Assll(· iate Wa ter Resoorccs 0\.-;.i •ner ........................................ 140.00 A,si,.tant Wa tt'r Resources Designer ....................................... IJ0.00 GIS Manager............. . ......................................... 5IIJ0.00 Princ ipal GIS Project Mananer ................................................. 180.00 Assoc iate GIS Project Munu! lt'r ................................................. 165.00 Ass i,tDlltGIS Projc · t Managt• r.. ............................................... 150.00 Prin ci pa l GIS Analyst ............................................................. 145. 00 hsoc iate GIS Anulyst.. ............................................................ 130.00 Ass i,1an1 GIS Analy,1... ............................................................ 120.00 Printi pa l Grupbic, Designer ..................................................... 130 .00 Assoc iate Graphies Designer .................................................... 125.00 Ass istant Graphi cs Dcs iyner ..................................................... 115.00 CA D Ma nayer ........................................................................... I 0.00 Fiel d Supt" r\'iso r ............................................................................. $ 195. 00 One. prnon Su rvey Pa rty ( Prevai li ng Wagt') ............................... 270.00 One- person Su rvey Party w/ Robotics ( Preva1hn g Wage) ......... 270 .00 Two• pe r on Su n ey Party ( Prevaili ng Wage ) .............................. 350.00 Thre e•person Survey Party ( Prevailin g Wagt} ............................ 390.00 3D Lru.c:r Scann ing Cr<" w ( O nc•Person) .................................. 5235. 00 JD La,er Scann ing Crew ( Two Person) ................................... 280 .00 Prin cipal 3D Lu.er Scanning Project Manager ........................ S190.00 Associa te 3D Lase r Scann ing Project Munugcr ......................... 175.00 Assi> 1ant JD Lase rScanning Project Mamiyer .......................... 160.00 Princ ipal 3D Luscr Scannin" Specialisl.. ................................... 140.00 A,sociatc 3D La,er Scannin • Spcc iali,1. ................................... 130.00 Assi, tan t 3D Lase rScunni n , Spl·t:i list ..................................... 120.00 Princi pa l 3D La,er Scanning Techni cian ................................... 115.00 Assoc iate JD La.er Scannin g Tcchnician .................................. 100.00 A,s i,tant 3D Lase r Scann ing Tec hni cian .................................... 90.00 Phofo" ramme try SupM iso r ................................................... SI 85.00 Princ ipal Photo rra m= tri,t ..................................................... 15500 Associa te Photog rummc tri sl ...................................................... 110.00 Ass istant Photogrum me tri,t ..................................................... 11000 Princ ipal Sunry Analyst.. .................................. .

A~soc iate Survey Ana ly,t.. ............................... .

Assis llllll Sun er Analyst .................................. . 185.00
150.00
125.00
Assoc iate Project Administrator...... . ...................... S80. 00 Assi,tanl Proj ect Adm inistrat or .................................................. 70.00 Admin i,trnti,•t' Assi, tant M11nuger ............................................... 75 .00 Unl e;;s oth erw ise agret" ll upon. we sha ll charge for pnnt ing. n:proo ucllon. delive ri es. tra ns po rtatiun. and other expcri. es .

A fifken ( 15) p<.TCt" n t foe for oominis trJt ioo. ~ oordinatio n and hundling 11-ill be ad ded to all ,ubcon1rac1ed se n ice,.

Exhibit " C -1 "- 1
I I 303 -000812450682v I .doc
156
Structural Eng ineer
185 .00 Per Hour
Position
Principal
Senior A.ss,odatt!
Assoc ate
Sen or Analy-st
Analyst
Asslcstant Analyst
Administrative Sup on
General
Houri',< Rates
20S -27S
150, 220
110-170
10S-13S
70-105
60-115
65 -105
URBAN

CROSSROADS
1] Reimbur.. able direct costs, such as reproduct: lon , supplies, and messenger ser \•ice wi I be bi led at cost. 2) Hourly rates app ly to work time, travel tlme , and time spent at public hearings and meetings. For overtime work, t e above rates may be ·nc reased SO peKent.
31 Monthlv bilhng statements are due within thirty [ 30J days or receipt.

TURNING MOVEMENT COUNTS i('TMC)
216 .00 2-hour Peak Per iod Counts Pedestr an & Bicvc es Included 216 .00 4 -hour Peak Pe iod Counts Pedest an & Bicvc es Included 3J9 .00 6-hour Peak Pe riod Counts Pedest nan & Bicvc es Included B1-DtRECTIONAL VOLUME ( AOTj - TUBE COUNTS
100 .00 24 ours ( 1-dav )
200. 00 48 ours ( 2-dav)
300 .00 7l ours ( 3-day)
400. 00 96 ours ( 4-day )
500. 00 120 ho'l.lrs jS-<layJ
600 .00 144 hoJJrs 16-<layl
700 .00 l6S hours 17-<layl
Bl-DIRECTIONAL SPEED OR CLASSIFICATION - TUBE COUNTS
198 .00 24 ours ( I-day)
396 .00 48 ours ( 2-day )
59<1 .00 72 ours ( 3-dav )
792 .00 96 ours ( 4-day)
990 .00 120 hoJJrs 15-< layl
1 ,18S.OD 14-'l ou rs [6-dav)
1 ,386. 00 168 ou rs 17-day)

OTHER STUDIES - QUOTES BASED ON SCOPE
F>edestrian Gap Studies
F>ar ing Dur ation Studies
Video urning Movement Counts
Radar Stud es Non Intrusive
rave Time Studies GPS
Many more customiLed stud es avai ble
INN
II303- 0008\ 2450682v I .doc
tl H OF IIAN! tj l NG I
Exhibit " C- l "-2
V r cityTraffic Group
157
EXIDBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.

Il. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.

Exhibit " D" - 1
l 1303- 0008\ 2450682vl. doc
158
w
0 w
6 8
00 .:, ...

V,
0 00
N <
rrl :
x ::
r
O" ...
0 I
TASK DESCRIPTION:

TASK 1- PROJECT MANAGEMENT

1.1Kick- off Meeting and ProJect ManaCjefTlelll

1.2 Progress Meetings

1.3 Invoi cing
SUBTOTAL TASK 1:

Task 2 -Projecr Developmenr

2.1 Utiity Research , Base Mawing & Site Reconnaissance

2.1.1Pnljlerty Research

2.11 Supplemental Field Tooooraphy

2.1.3 Aerial ToP09f31) hy

2.2 Potholing · C BelOW

2.3 Gectecliruc31 study · Geocon
SUBTOTAL TASK 2:

Task 3 -Preliminary Enginee1ing Design

3.1 Prelmilary Design Plans ( 30"' design ) - Civil
Conceptual Staging Plan - Traffic

3.2 Prelim ilary Design Plans ( 60"' design ) - Civil , Dexter Wasoo Prelinilary Design Plans ( 60"' desian ) - Traflic

3.3 Detailed Design Pt.-is (90'! 1 design ) - CM, Dexter Wilson Detaled Design Pl.-is (OO'!I design )· Traffic
SUBTOTAL TASK 3:

Task 4 -Final Design Plans, ~ pecif,carions and fslimaie ( 100¼ Desian)

4.1 F11131 Water Plans · CIVI. De xter Wilson
Final Water Plans- Trafic
SUBTOT Al TASK 4:

PrincipM ~,
5275. 00 $ 260. 00
2 2
0 4
0 0
2 4
2 4
1 2 4
1 6 14
1 4
1 1 5

EXHIBITB
RA.\ISEY STREET WATER MAIN PROJICT
St -~ • $
240. 00 $ 220. 00 $ 200. 00 $ 165.00 $ 135. 00
24 33
8 0 65 0 0 0
20 32 40
8 8
8 20 0 32 48
12 50 80
4 16
20 80 100
3 36
16 60 88
2 23
0 41 9 190 343
12 24 40
3 12
0 12 3 24 52
220. 00 5360. 00 $ 195. 00
0 0 0
24 40
40 2
24 6
0 88 48
0 0 0
0 0 0
M --& p, n,..
5,800 .00
7,780. 00
1,760.00
S 15,340.00 $ s
15,080. 00
S 19,440. 00
S 14,790.00
s 9.81 0.00 S 15,000. 00
s $ 92 ,195.00
s $ 12, 875. 00
59,120.00 S 105, 070.00 S 15,000.00
23, 280. 00 S 2,990. 00
s 2,960. 00
32, 690. 00 S 2,150. 00
s 5,720. 00
26 ,890. 00 S 1,075. 00
s 3.765.00
S 95,305. 00 S 6,215.00 S
S 13,315. 00 $ 64 5.00
s 2,480. 00
15,795.00 $ 645. 00 S
Task
ToraKSJ;
5,800. 00
7,700. 00
1,760. 00
15,340.00
S 15 ,080. 00
S 19 ,440. 00
14, 790. 00
S 24,810. 00
S 92 ,195. 00
S 12 ,875.00
179, 190.00
S 26.270. 00
s 2,960. 00
S 34,840. 00
5,720. 00
S 27,965. 00
s 3,765. 00
101 ,520. 00
13,960. 00
2,400.00
16,4-40.00
C
C
0 00
tr:! tr:!
t, ~ ~=
0 cc
n::: ~ ~
00 .!,..
n::
e
t"'
tr:!
159
w
0 w
b
8 00 ,::; ...

V,
0 00
N
c..
0 0
m
0-;:;:
rj
I
N
TASK DESCRIPTION:

Un,,m,flalf
Task 5 • Easemenr Documenrs

5.1Easement Documents
SUBTOTAL TASK 6:

Task 6 • Smrmwaret Pollurion Prevemion Plan

6.1Stormwater PolkJOOll Prevention Plan
SUBTOTAL TASK 6:

Task 7 • Consuuclion Surveying and Sraking

7.1 Phase One Water stakes

7.2 Phase Two Water Stakes - 3slaking days

7.3 Phase Tiree Water Stakes - 2slaking days
SUBTOTAL TASK 5:

Task 8. Bidding!Consuucrion Suppon . Phase 1only

8.1Bkldng

8.2Construcooo Administration

8.3As-Blilt Plans
SUBTOTAL TASK 7:

Reimbursables
SUBTOTAL TASKS 1-7:

Princip, I ~
275. 00 $ 26000
0 0
0 0
0 0
2 1
0 3
0 0
1 26

EXHIBITB
RA.\ISEY STREH WATER MAIN PROJIC1
A .. ociar. • • ~ -$
240. 00 $ 220. 00 $ 200. 00 $ 165. 00 S135 .00
26 26 0 0 0 0
6 32
0 6 0 32 0
10 0 0 0 0 10
1 4
32 12
1 1 6
0 34 0 17 6
0 0 0 0 0
34 185 12 295 459
sJ:.kl,.., ~ D' ' tff Subcon...tint,; & pens .. Task
ToraffSJ:
220. 00 $ 360. 00 $ 195 .00
130 $ 31 ,590. 00 $ 9,750. 00 S 41 , 340. 00
0 0 130 $ 31,590.00 $ $ 9,750. 00 $ 41,340.00
S 6,60000 $ 6,600. 00
0 0 0 $ 6,600. 00 $ $ S 6,600.00
2 24 $ 10, 430. 00 S 10, 430. 00
s
s
2 24 0 $ 10,430. 00 $ $ $ 10,430. 00
880. 00 s 880. 00
S 9,540. 00 $ 1,160. 00 S 10, 700. 00
S 1,455. 00 s 1,455. 00
0 0 0 $ 11,875. 00 S 1,160. 00 S $ 13,035.00
S 3,000. 00 $ 3,000. 00
0 0 0 $ $ $ 3000. 00 $ 3000.00
2 112 178 $ 246, 055. 00 $ 113 090.00 $ 27 750. 00 $ 386,895. 00 160
0 6
0 0
00 .:, ....

V,
0 0-,
00 go
tTl
X ::
r
O" ;=..·
0 I
w
TASK DESCRIPTION:
11,1,
Addilional SelVices Of needed)
Additional Potholing (daily rate ) · CBelow
CorrositMty Asssessment - YF Yeager
Corrosion Control Design - YF Yeager
Cathodic Protecilon Design Pipeline - YF Yeager
Hydraulic Analysis - Dexter Wilson
Caltrans Encroachment Permn Appficalioo
Caltrans Processing and COordination
Phase 1Monument Presel\'ation
Phase 1Monument Replacement
Record of Survey

EXHIBITB
RA.\ISEY STREET WAITR MAIN PROJECT
Mioc:iare • - r,:,;,g{I: •
S275.00 $ 260.00 $ 240.00 S220.00 $ 200.00 $ 165.00 $ 135.00 1H -& pens .. Task
Tora/ISi :
22000 $ 360.00 $ 195.00
s S 12,725.00 S 12,725.00
s s 4,980.00 s 4,980 .00
s S 12,180.00 S 12,180.00
18,400.00 S 18,400.00
s $ 3,480.00 $ 3,480.00
s 1,480.00 $ 1,480.00
2,020.00 s 2,020.00
3,120.00 s 3,120.00
s 5,980.00 s 5,980.00
15,000.00
161
RESOLUTION 2025- 28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A SOLE SOURCE CONTRACT WITH RICK ENGINEERING, INC. FOR THE

CONTINUATION OF THE DESIGN OF RAMSEY STREET WATER MAIN REPLACEMENT IN THE AMOUNT OF $ 156, 224. 03
WHEREAS, the City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses. To provide its customers with a reliable supply of water, it is important for the city to continue replacing aging and undersized water distribution infrastructure; and
WHEREAS, on April 12, 2022, City Council approved Resolution 2022- 35 authorizing the use of American Rescue Plan Act ( ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure. The approved ARPA project list included the replacement of waterlines along Ramsey Street; and
WHEREAS, on November 14, 2023, City Council approved Resolution 2023- 182 approving a Professional Services Agreement for the Design of Ramsey Street Water Main Replacement to Rick Engineering, Inc., in the amount of $399, 540 with an expiration date of June 30, 2024, and maximum term and subsequent amendments not to exceed five ( 5) years; and WHEREAS, the previous Agreement approved under Resolution 2023- 182 expired on June 30, 2024 and the City and Rick Engineering, Inc. desire to complete the scope of work as outlined in the original Agreement; and
WHEREAS, the amount of funds remaining in the expired contract is $ 156, 224. 03 which will be used to fund the remainder of the unfinished tasks in the previously approved scope of work; and
WHEREAS, due to construction funding challenges for this project, the original Agreement with Rick Engineering, Inc. for the design of Ramsey Street Water Main Replacement called for a three ( 3) phase design process; and
WHEREAS, the available ARPA funds were only sufficient to cover the construction of the first phase and therefore, it was necessary to prioritize the completion of the design of the first phase. The design work took longer than anticipated due to unforeseen site conditions and design challenges; and
WHEREAS, staff recommend awarding a new Professional Services Agreement to Rick Engineering, Inc. in the amount of $ 156, 224. 03 to complete the outstanding design phases in a manner that meets all project specifications and regulatory requirements; and WHEREAS, no fiscal impact is expected since the requested amount of $ 156, 224. 03 had previously been allocated to this project through the expired contract.

Resolution 2025- 28