Agenda packet, regular meeting — Banning City Council, November 12, 2025 (part 3 of 5)

RESOLUTION 2025-159

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

APPROVING THE RECEIPT OF A ONE-TIME TRANSFER OF FUNDS FROM THE CLEAN

FUEL REWARD (CFR) PROGRAM TO SUPPORT TRANSPORTATION ELECTRIFICATION

EFFORTS BY CITY OF BANNING ELECTRIC UTILITY
WHEREAS, the City of Banning is a general law municipality governed by elected city councilmembers; and
WHEREAS, the City of Banning owns and operates a retail electrical energy distribution system which serve load to end-use customers in an assigned area of service; and WHEREAS, Southern California Edison, acting as the Administrator and Fiduciary of the statewide CFR Program has identified City of Banning Electric Utility as eligible to receive a onetime transfer of funds pursuant to Section 95483 (c)(1)(A)(6) of the 2025 California Code of Regulations; and
WHEREAS, the CFR funds originated from deposits made by Large Electric Distribution Utilities from the sale of non-opt-in Low Carbon Fuel Standard (LCFS) credits that were allocated to the CFR Program for credits beginning in the 2nd quarter of 2019 and ending in the 2nd quarter of 2024; and
WHEREAS, the City of Banning Electric Utility is currently an active participant in the CFR Program, and was an active participant in the CFR Program during 2 nd quarter of 2019 and ending
in the second quarter of 2024; and
WHEREAS, the City of Banning Electric Utility desires to receive a one-time transfer of funds from the CFR Program in order to support transportation electrification efforts to be spent in accordance with the requirements of sections 95491(e)(5) and 95483(c)(1)(A) of the California Code of Regulations, Title 17.

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

SECTION 1. The City Council adopts Resolution 2025-159 approving the one-time transfer of funds from the CFR Program as a secure transfer of approximately $883,000 to Public Benefits account 675-7020-341.31-77 to be spent in accordance with the requirements of sections 95491(e)(5) and 95483(c)(1)(A) of the 2025 LCFS Regulation (California Code of Regulations, Title 17).

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 12th day of November, 2025. 326
Resolution 2025-159

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Sheri Flynn, Mayor
City of Banning
ATTEST:

Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
327
Resolution 2025-159

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CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-159, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of November, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
328
Resolution 2025-159

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EXHIBIT A
Description of Exhibit A
329
From: Lisa Arellanes
To: Amber Rockwell; Carla Young
Cc: Monroe, Gabriel@ARB; Szelagowski, Erin@ARB; Latour, Ian@ARB; Emily Lemei; Aaron R Dyer Subject: Statewide CFR: Base Credit Proceed Transfers to POUs Date: Thursday, October 30, 2025 11:40:39 AM
Attachments: image001.png
Dear City of Banning Electric Utility,
Southern California Edison (SCE), acting as the Administrator and Fiduciary of the statewide Clean Fuel Reward (CFR) Program, is please to inform you that your organization has been identified by the California Air Resources Board (CARB) as eligible to receive a one-time transfer of funds from CFR to support your transportation electrification efforts. Pursuant to Section 95483(c)(1)(A)(6) of the 2025 Low Carbon Fuel Standard (LCFS) Regulation, these funds originate from deposits made by Large Electric Distribution Utilities from the sale of non-opt-in LCFS credits that were allocated to the CFR Program for credits generated beginning in Q2 2019 and ending in Q2 2024.

If your organization elects to receive these funds, SCE will work with your financial teams to set up a secure transfer of approximately $883,000. These funds must be spent in accordance with the requirements of sections 95491(e)(5) and 95483(c)(1)(A) of the 2025 LCFS Regulation (title 17, California Code of Regulations).

In order for SCE and the CFR to facilitate this transfer, please acknowledge your willingness to accept these funds and to utilize them in accordance with sections 95491(e)(5) and 95483(c) (1)(A) of the 2025 LCFS Regulation by no later than November 21, 2025 Sincerely,
Lisa Arellanes
Principal Manager, eMobility
T. 626-302-0733 | M. 626-862-7243
Privacy Notice
330
Section 95483(c)(1)(A)(6)

6. (B) Any unspent proceeds from non-opt-in EDU base credits that were allocated to the Large EDUs beginning with the deposit of Q2 2019 credits through the deposit of Q2 2024 credits and then transferred to the Clean Fuel Reward program pursuant to section 95483(c)(1)(A) may be transferred by the Clean Fuel Reward Program Administrator to small EDUs that opted in to the LCFS program by March 31, 2025. Any base credit proceeds reallocated in this manner must be spent by the recipient small EDU in accordance with the requirements of sections 95491(e)(5) and 95483(c)(1)(A). The Executive Officer must approve the Clean Fuel Reward Program Administrator’s plan for distribution of previously unspent base credit proceeds prior to any transfers.

Section 95491(e)(5)
(5) Uses of Electricity Credit Proceeds. Entities generating credits from electricity must use all credit proceeds to further transportation electrification efforts in California. The credit generator must include, in their annual compliance report, an itemized summary of efforts and costs associated with meeting this requirement.
(A) Additional Reporting Requirements for Entities Generating Non-metered Base Credits.

1. 2. 3. Reporting on Clean Fuel Reward Program Implementation. By April 30, the administrator of the Clean Fuel Reward program funded by LCFS credit proceeds shall submit a report to the Executive Officer describing the disposition of LCFS Clean Fuel Reward program funds from the previous calendar year. This report must include: a. b. The monetary value of LCFS credit proceeds received by the Clean Fuel Reward program; and A summary, detailed list, and explanation of administrative costs, including start-up costs, utility overhead costs, and costs for program-related marketing, education, and outreach activities. Holdback Equity Reporting Requirements. EDUs must include a discussion on how their portfolio of holdback credit equity projects is consistent with the findings and recommendations of the Low-Income Barriers Study, Part B: Overcoming Barriers to Clean Transportation Access to Low-Income Residents (Rev. Feb. 21, 2018), incorporated herein by reference. This discussion must include, as applicable, a description of how the projects: support increased access to clean transportation and mobility options; consider, and to the extent feasible, either complement or build upon existing CARB, other State, or local incentive projects to diversify and maximize benefits from statewide investments; demonstrate partnership and support from local community-based organizations; and meet community-identified clean transportation needs.
331
Section 95483(c)(1)(A)
(A) Base Credits to EDUs. The EDU or its designee is the credit generator for base credits for the portion of residential EV charging assigned to that EDU by the Executive Officer. The EDU may authorize a third party to sell the EDU's credits. The EDU or its designee must meet the requirements set forth in paragraphs 1. through

5. below, and section 95491(e)(5). Within 30 days of the effective date of this subarticle for large and medium IOUs and POUs, or within 30 days of opting into the LCFS program, whichever is later, each large or medium EDU seeking eligibility to generate base credits must demonstrate, by attestation or entrance into any applicable Clean Fuel Reward program (as defined in section 95481(a)) governance agreement, its ability to contribute allocated credits to the Clean Fuel Reward program consistent with CPUC approval of Pacific Gas and Electric's, Southern California Edison's, and San Diego Gas and Electric's filing(s). The Executive Officer may revoke the eligibility of an EDU to generate base credits if it fails to make this required demonstration or if the EDU withdraws or has been removed as a party to the governance agreement. All base credits for any EDU that is not eligible to receive base credits pursuant to this provision will be allocated to the Clean Fuel Reward program pursuant to section 95486.1(c)(1)(A) paragraph 2. An EDU must submit any request to change their base credit generation eligibility status for the Clean Fuel Reward program to the Executive Officer by the September 30 prior to the start of the effective credit generation year. 1. 2. EDUs seeking eligibility to generate base credits must provide rate options that encourage off-peak charging and minimize adverse impacts to the electrical grid; Upon California Public Utilities Commission (CPUC) approval of Pacific Gas and Electric's, Southern California Edison's, and San Diego Gas and Electric's filing(s) to initiate a Clean Fuel Reward program, all opt-in EDUs must contribute a minimum percent of base credits for residential EV charging (or net base credit proceeds), to provide a Clean Fuel Reward funded exclusively by LCFS credit proceeds, as per the contribution tabulated below:

Large Investor-owned Utilities 50%
Large Publicly-owned and Medium Investor owned Utilities 25% Medium Publicly-owned Utilities 10%
Small Publicly-owned Utilities and Small Investor-owned Utilities 0% 332
The Executive Officer will review the implementation of any Clean Fuel Reward program, including the actual credit value contribution of each utility to the program, and present a report to the Board by January 1, 2027, with recommendations for further increasing utility contributions to the Clean Fuel Reward program. 3. 4. All proceeds from base credits issued pursuant to section 95486.1(c)(1)(A) paragraph 2, as well as any previously allocated funds for the Clean Fuel Reward by all large and medium EDUs must be contributed to the Clean Fuel Reward program. Administrative costs, excluding start-up costs (those costs associated with setting up the program and incurred prior to issuing rewards), to support any Clean Fuel Reward program funded by LCFS credit proceeds may not exceed 5 percent of LCFS credit proceeds contributed to the Clean Fuel Reward program annually, unless approved in advance by the Executive Officer. a. b. A request to exceed 5 percent administrative costs must be submitted by the administrator of the Clean Fuel Reward program to the Executive Officer by September 30 of the prior year. Request submitted to the Executive Officer must include, and will be evaluated for approval based on, a complete description for why higher administrative costs are necessary, a detailed list of expected administrative costs including a description of all efforts made to obtain competitive rates and minimize costs, and a detailed estimate of expected program proceeds. Within 30 days of receiving a request for higher administrative costs, the Executive Officer will inform the administrator of its decision in writing. If the request is rejected, the Executive Officer will provide a rationale for the decision. If the rejection is due to insufficient information, the administrator may resubmit the request after addressing the deficiencies identified in the Executive Officer decision. Restrictions on Use of Holdback Credits. Documentation of adherence to the following restrictions must be included in the annual report submitted pursuant to section 95491(e)(5)(A). a. Holdback Credit Equity Projects. At least 75 percent of holdback credit annual spending for large and medium investor-owned EDUs and 50 percent of holdback credit annual spending for all other EDUs must be used to support transportation electrification for the primary benefit of or primarily serving disadvantaged communities and/or low-income communities and/or rural areas or low-income individuals eligible under California Alternative Rates for Energy (CARE) or Family Electric Rate Assistance Program (FERA) or the definition of low-income in Health and Safety code section 50093 or the definition of low-income established by a POU’s governing body or a community in which at least 75 percent of public school students in the project area are eligible to receive free or reduced-price meals under the National School Lunch Program, or a community located on lands belonging to a state or federally recognized California Indian tribe. If an EDU fails to spend the required percentage 333
on equity projects in a calendar year, the shortfall of spending, in dollars, will be added to its total equity spending requirement for the following year. These projects may include:
i. Electrification of drayage trucks as well as other medium-, heavy-duty, or offroad vehicles including school and transit buses. ii. Investment in public EV charging infrastructure and EV charging infrastructure in multi-family residences.
iii. Investment in electric mobility solutions, such as EV sharing and ride hailing programs.
iv. Additional rebates and incentives for low-income individuals beyond existing local, federal and State rebates and incentives for: purchasing or leasing new or previously owned EVs; installing EV charging infrastructure in residences, including panel and service upgrades; and offsetting costs for residential or nonresidential EV charging.
v. Promoting use and additional incentives for use of public transit and other clean mobility solutions, via charging equipment or infrastructure that directly supports the following categories:
a. I. EV sharing and ride hailing programs,
b. II. Electrification of public transit and school buses, including battery swap programs, and
c. III. Use or ownership of neighborhood electric vehicles, eBikes, eScooters, eMotorcycles, and other micromobility solutions. vi. Re-skilling and workforce development for transportation electrification and electric vehicle infrastructure applications, developed in coordination with the California Workforce Development Board or local workforce development agencies, a community-based organization, or a California Community College.
vii. Investments in grid-side distribution infrastructure necessary for mediumand heavy-duty EV charging. viii. Transportation electrification projects that are identified in, or consistent with, a Community Emission Reduction Plan created in response to AB 617 (Stats. 2017, ch. 136).
334
ix. Alternatively, EDUs, in coordination with local environmental justice advocates, local community-based organizations, and local municipalities, may develop and implement other projects that promote transportation electrification in disadvantaged and/or low-income communities and/or rural areas or for low-income individuals. These alternative projects are subject to approval by the Executive Officer, and once approved will be considered a holdback equity project under the LCFS regulation. Applications submitted to the Executive Officer must include, and will be evaluated for approval based on, a complete description of the project, demonstration that the project promotes transportation electrification in disadvantaged and/or lowincome communities and/or rural areas or provides increased access to electric transportation for low-income individuals, and evidence that the project was developed in coordination with local environmental justice advocates, local community-based organizations, and local municipalities. 335

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Art Vela, Interim City Manager
MEETING DATE: November 12, 2025
SUBJECT: Consideration of Resolution 2025-160, Approving a New Purchase Order for GARDA CL West, Inc. to Use During Fiscal Year 2025/2026 and Fiscal Year 2026/2027 for an Amount Not to Exceed $35,000 per year RECOMMENDATION:

Adopt Resolution 2025-160
BACKGROUND:

The City of Banning and Garda CL West have been under contract with automatic 1-yr renewals and continue to provide the City with daily armored car services/bank courier services since September 1995.

City staff will go out to bid for requests for proposals (RFP) this fiscal year for armored car services/bank courier services. Approving a new purchase order for fiscal year 2025/2026 and fiscal year 2026/2027 ($35,000 per year) will allow staff time to develop and advertise a RFP.

JUSTIFICATION:

Armored car services provide delivery of the city's daily cash deposits. They ensure the safety of City staff and guarantee the funds are credited to city's bank account so finance department may reconcile the bank deposit totals in a timely manner.

FISCAL IMPACT:

These services are annually budgeted in Account 761-3100-480.23-43 which will have sufficient funding in Fiscal Years 2025/2026 and 2026/2027 to cover the expenses.

ALTERNATIVES:

Do not approve Resolution 2025-160 and provide alternative direction to staff. This may result in the City not having armored car services for an undetermined amount of time.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-160.docx
336
Resolution 2025-160

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RESOLUTION 2025-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING NEW PURCHASE ORDERS FOR GARDA CL WEST, INC. TO USE DURING FISCAL YEAR 2025/2026 AND FISCAL YEAR 2026/2027 FOR AN AMOUNT NOT TO EXCEED $35,000 PER YEAR
WHEREAS, Garda CL West provides armored truck and bank courier services at City Hall since September 1995 on an automatic 1-yr renewable contract; and WHEREAS, staff plans to release a request for proposals by the end of fiscal year 2025/2026 to ensure the City is receiving the best value; and
WHEREAS, these services are annually budgeted in Account 761-3100-480.23-43 which will have sufficient funding in Fiscal Years 2025/2026 and 2026/2027 to cover the expenses.

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

SECTION 1. The City Council approves new purchases orders for Garda CL West, Inc. to use during Fiscal Year 2025/2026 and Fiscal Year 2026/2027 for an amount not to exceed $35,000 per year.

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 12th day of November, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Sandra Calderon
Acting Administrative City Clerk
City of Banning
337
Resolution 2025-160

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APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
338
Resolution 2025-160

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CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-160, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of November, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon
Acting Administrative City Clerk
City of Banning, California
339

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk Arturo Vela, Interim City Manager
MEETING DATE: November 12, 2025
SUBJECT: Consideration of Resolution 2025-161, Awarding a Professional Services Agreement for the Financial and Financial Forecasting Services to Urban Futures, Inc.

RECOMMENDATION:

Adopt Resolution 2025-161
BACKGROUND:

The City of Banning is currently facing significant financial challenges and is in the process of updating its books and records to ensure accuracy and compliance. The City is short staffed and in need of specific expertise to assist with critical financial forecasting to develop a sustainable financial plan once the city finances are brought up to date. The services of Urban Futures and Mr. Michael Busch are needed in order to engage in comprehensive financial forecasting, to develop a financial stability plan, to assist with budgeting issues and to guide recovery and long-term sustainability. Mr. Busch is also assisting staff in connection with the Hillwood (Airport) matter and evaluating proposed terms.

Urban Futures, Inc. has been performing work for the City on various matter and Michael Busch, Chief Strategy Officer of Urban Futures, has been the primary representative overseeing these efforts.

In light of the continuing need for these specialized services and the quality of Urban Futures’ past performance, staff recommends entering into a formal Professional Services Agreement with Urban Futures, Inc.

JUSTIFICATION:

The proposed Agreement with Urban Futures, Inc. provides for the continuation of essential financial advisory services to the City. The scope of services includes financial forecasting and analysis; advisory support related to major development projects, including those involving significant fiscal considerations such as the Hillwood matter; and as-needed financial consulting services to assist City staff and the City Council in budget and long-range planning efforts.

City staff urgently require assistance in these efforts which involve substantial fiscal implications. The City is presently short-staffed in the areas of finance, budgeting, and long-range financial planning, and immediate professional support is necessary to stabilize operations.

Michael Busch, Chief Strategy Officer of Urban Futures, Inc. (UFI), and his team possess extensive experience assisting public agencies in financial recovery and sustainability initiatives. Mr. Busch has 340
been actively involved in guiding the City toward financial stability and continues to provide critical expertise during this period of fiscal restructuring. Given the urgent and time-sensitive nature of these needs, the City Manager has waived the competitive requirement pursuant to the City’s procurement policies, recognizing that Mr. Busch’s qualifications and familiarity with the City’s financial circumstances make UFI uniquely positioned to provide the required services without delay. Under the City’s procurement policy, Emergencies are defined as those situations where the safety and/or welfare of City residents or employees is at stake and/or immediate purchasing action is required to prevent serious economic or other hardship to the City. When due to the nature of the emergency, it is not possible or it is impractical to follow competitive bidding requirements, these requirements may be waived, by the City Manager or his designee. The policy further provides that Emergency situations include those where the welfare of the City residents are at stake and/or immediate purchasing action is required to prevent serious economic or other hardship to the City; requires a timely decision that must be made to prevent loss of life, damage to property or facilities, or to mitigate an imminent threat to public health, welfare, or safety. The City Manager has determined that this contract falls within the above emergency exception to the purchasing policy and that Urban Futures and Mr. Busch possess unique experience and expertise to assist the City with overcoming current challenges.

The agreement allows both the City and the Consultant to terminate the contract at any time, with or without cause, upon thirty (30) days’ written notice. This ensures flexibility for both parties while maintaining continuity of service.

The Agreement establishes an hourly rate of $275, with a total not-to-exceed amount of $100,000.

Failure to engage Urban Futures, Inc. at this time would hinder the preparation of a sustainable financial forecast and plan, and could negatively impact the public welfare by prolonging current fiscal challenges.

FISCAL IMPACT:

The total cost of services under the Agreement shall not exceed $100,000.

ALTERNATIVES:

Do not approve Resolution 2025-161 and provide alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. RESOLUTION 2025-161.docx

2. (1) Professional Services Agreement.docx
341
Resolution 2025-161

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RESOLUTION 2025-161

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH URBAN FUTURES, INC. FOR FINANCIAL AND FINANCIAL FORECASTING SERVICES
WHEREAS, the City of Banning (“City”) requires ongoing professional financial advisory services, including financial forecasting, budget analysis, and review of major projects with significant fiscal impact; and
WHEREAS, Urban Futures, Inc., a California corporation (“Consultant”), has been providing the City with professional financial services, including financial analysis and strategic guidance related to development projects and long-range fiscal planning; and WHEREAS, the City desires to continue utilizing the services of Consultant to provide financial and financial forecasting services, including advisory support related to the financial components of the proposed airport development and other fiscal matters as needed; and WHEREAS, City staff have prepared a Professional Services Agreement with Urban Futures, Inc., outlining the scope of services, compensation terms, and contract conditions; and WHEREAS, Under the City’s procurement policy, Emergencies are defined as those situations where the safety and/or welfare of City residents or employees is at stake and/or immediate purchasing action is required to prevent serious economic or other hardship to the City.

When due to the nature of the emergency, it is not possible or it is impractical to follow competitive bidding requirements, these requirements may be waived, by the City Manager or his designee.

The policy further provides that Emergency situations include those where the welfare of the City residents are at stake and/or immediate purchasing action is required to prevent serious economic or other hardship to the City; requires a timely decision that must be made to prevent loss of life, damage to property or facilities, or to mitigate an imminent threat to public health, welfare, or safety. The City Manager has determined that this contract falls within the above emergency exception to the purchasing policy and that Urban Futures and Mr. Busch possess unique experience and expertise to assist the City with overcoming current challenges.

WHEREAS, under the terms of the Agreement, Consultant shall provide services at an hourly rate of $275.00, with a total not-to-exceed amount of $100,000.00, and both parties retain the right to terminate the Agreement, with or without cause, upon thirty (30) days’ written notice.

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

SECTION 1. The City Council hereby finds that the Professional Services Agreement with Urban Futures, Inc. falls within the above exception to the purchasing policy and approves the 342
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Professional Services Agreement for financial and financial forecasting services in an amount notto-exceed $100,000.00 for a one-year term, with any amendments or extensions subject to future City Council approval.

SECTION 2. The City Council authorizes the City Manager to execute the Professional Services Agreement and make non-substantive changes to the Agreement, as necessary, to carry out the intent of this Resolution.

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

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

PASSED, APPROVED, AND ADOPTED this 12th day of November 2025. ___________________________________
Sheri Flynn, Mayor
City of Banning
ATTEST:
____________________________________
Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:
____________________________________
John Pinkney, Acting City Attorney
Slovak Baron Empey Murphy & Pinkney LLP
343
Resolution 2025-161

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CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-161, has duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of November, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
Sandra Calderon, Acting Administrative City Clerk,
City of Banning, California
344
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EXHIBIT A

PROFESSIONAL SERVICES AGREEMENT
(Attached Below)
345
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2344655v8

AGREEMENT FOR PROFESSIONAL SERVICES FOR FINANCIAL AND

FINANCIAL FORECASTING SERVICES BY AND BETWEEN CITY OF
BANNING AND URBAN FUTURES, INC.

THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: November 12, 2025, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Urban Futures, 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 desires to contract with Consultant to provide consulting services including:
financial forecasting services; advising the City in connection with financial components of the proposed airport development in addition to assisting City staff and Council on an as needed basis with other financial consulting services and as further defined and described particularly in Article 1 of this Agreement.

B. 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.

C. 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 standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
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1.2 Contract Documents and Exhibits.

This Agreement includes Exhibit A (“Scope of Services”) and Exhibit B (“Contract Documents”) which shall also constitute a part of this Agreement and are incorporated into this Agreement by this reference.

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, 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. 347
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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 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 348
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payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.

1.11 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
Michael Busch Chief Strategy Officer
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.

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.

1.12 Independent Contractor.
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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.

1.13 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 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.

1.14 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 350
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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 rate of Two-Hundred Seventy Five Dollars ($275.00). In no event shall Consultant be paid more than One-Hundred Thousand Dollars ($100,000.00)(the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all meetings reasonably deemed necessary by City.

2.2 Reimbursable Expenses.

City shall reimburse Consultant for actual and necessary expenses. Reimbursable expenses may include reimbursement for actual and necessary expenditures for travel expenses approved by the Contract Officer in advance.

2.3 Invoices.

Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. 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. 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.

2.4 Waiver.

Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant. 351
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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 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 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.

3.3 Term.

The Term of this Agreement shall be from the Effective Date and shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.2 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 $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $4,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its 352
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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 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 353
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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.

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. 354
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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 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 355
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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.

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.
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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 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. 357
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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.

6.2 Disputes; Default.

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 358
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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 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 and Consultant shall have the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party, except that where termination is due to the fault of Consultant or City, the period of notice may be a shorter time as may be determined by the Contract Officer of City or Consultant’s Representative. 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 Contract Documents or such as may be approved by the Contract Officer, except as provided in Section 6.3. 359
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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 nonterminating 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 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 360
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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.

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 City Manager
City of Banning
99 East Ramsey Street
Banning, California 92220
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With a courtesy copy to: John Pinkney, Acting City Attorney Slovak Baron Empey Murphy & Pinkney LLP
74774 CA-111
Indian Wells, CA 92210
Email: [email protected]
If to Consultant: Attn: Michael Busch
Chief Strategy Officer
Urban Futures, Inc.
1470 Maria Lane, STE 315
Walnut Creek, CA, 94596
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. 362
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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.

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 CONSULTANT
Arturo Vela, Date
Interim City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Sandra Calderon Date
Acting Administrative City Clerk
Address:

APPROVED AS TO FORM:

Slovak Baron Empey Murphy & Pinkney
LLP
City Council Approval: _____________
John Pinkney Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
365
EXHIBIT “A”

SCOPE OF SERVICES
Consultant will provide consulting services including: financial forecasting services; advising the City in connection with financial components of the proposed airport development in addition to assisting City staff and Council on an as needed basis with other financial consulting services.
366
EXHIBIT “B”

CONTRACT DOCUMENTS
Compensation:
$275.00 Per Hour
367

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Fred Lyn, Deputy Electric Utility Director
MEETING DATE: November 12, 2025
SUBJECT: Consideration of Resolution 2025-162, Approving the Professional Services Agreement with Richard Heath & Associates, Inc. for Solar Photovoltaic and Energy Assessment Services
RECOMMENDATION:

Adopt of Resolution 2025-162
BACKGROUND:

The City of Banning Electric Utility (BEU) for many years had the benefit of participating in professional services agreements through the Southern California Public Power Authority (SCPPA) at the request of, and on the behalf of, its members through the use the use of Public Benefit Funds. The scope of services performed through these professional services agreements included the exchange of information regarding energy efficiency, assessment of renewable energy projects such as solar photovoltaic (PV) and battery storage installations, research and development programs and low-income assistance services.

BEU has executed task orders with SCPPA for the use of solicited vendors to complete power quality and solar PV assessments for City owned facilities and City electric customers' properties including, but not limited to the following: roof-mounted systems, ground mounted systems, and parking structures.

These vendors have also completed several energy audits for BEU's residential customers, businesses and the Banning Unified School District.

In an effort to continue support for distributed energy resource (DER) review and development, power quality, and other energy assessments services, BEU solicited a Request for Proposal (RFP) for Solar Photovoltaic and Energy Assessment Services on August 8, 2025. On September 11, 2025, the City received a total of five (5) proposals for the contract services. Following a careful review of the proposals by a selection committee, there was consensus that Richard Heath & Associates (RHA) should be recommended for contract award.

JUSTIFICATION:

BEU has utilized contracted services to complete solar PV plan check and other energy related assessments as a public benefit to BEU customers for several years. This function allows BEU to execute review and approval of DER projects in a streamlined and timely manner. 368
In addition to many mandated electric utility reporting and regulatory requirements, California Assembly Bill 723 (2011) requires municipal electric utilities to collect revenues for the following Public Benefit Programs:

Cost-effective demand-side management services to promote energy efficiency and energy conservation.

New investments in renewable energy resources and technologies consistent with existing statutes and regulations which promote those resources and technologies.

Research, development and demonstration programs for the public interest to advance science or technology which is not adequately provided by competitive and regulated markets.

Services provided for low-income electricity customers, including but not limited to, targeted energy efficiency services and rate discounts.

Several of the services listed within this contract will be eligible for completion through the use of BEU Public Benefit funds.

FISCAL IMPACT:

Staff recommends approval and adoption of the Professional Service Agreement with Richard Heath & Associates, Inc (RHA) in the amount of $60,000 for one (1) year, with the option of four (4) additional one-year extensions.

The fiscal impacts of this one-year agreement are as follows:
$25,000 to complete solar PV and energy assessment related services as a public benefit to BEU customers as requested. Funds for this task are available in the Public Benefit Fund account 675- 7020-473.33-25.
$35,000 to complete solar PV and energy assessment related services for City projects and other related initiatives. Funds for this task shall be appropriated from the Electric Fund to Professional Services account 670-7000-473.33-11.

ALTERNATIVES:

Reject award to RHA and all other bids and provide alternative direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. 2025-162_Reso_Solar___Energy.docx

2. Professional_Services_Agreement_Template_with_Prevailing_Wage_-_provided_by_RWG_4-24-23 (14).docx

3. RFP 25-107_w Addendum 2.pdf

4. Proposal_to_the_City_of_Banning_-_Solar_PV_and_Energy_Assessments.pdf

5. Proposal_to_the_City_of_Banning_-_Solar_PV_and_Energy_Assessments_-_Pricing (1).pdf 369
Resolution 2025-162

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RESOLUTION 2025-162

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

APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH RICHARD HEATH & ASSOCIATES, INC. IN THE AMOUNT OF $60,000 FOR SOLAR PHOTOVOLTAIC AND

ENERGY ASSESSMENT SERVICES
WHEREAS, the City of Banning owns and operates its own Municipal Electric Utility; and WHEREAS, the City of Banning Electric Utility ("BEU") for many years has participated in Professional Services Agreements through Southern California Public Power Authority ("SCPPA") at the request of, and on the behalf of, its members thru the use the use of Public Benefit Funds. These services include the exchange of information regarding energy efficiency, assessment of renewable energy projects such as solar PV and battery installations, research, and development programs and low-income services; and
WHEREAS, staff solicited a Request for Proposal ("RFP") on August 8, 2025 to procure Solar Photovoltaic and Energy Assessment Services through the City’s procurement process; and
WHEREAS, following a careful review of the proposals by an evaluation committee, there was consensus that Richard Heath & Associates, Inc. ("RHA") should be recommended for contract award; and
WHEREAS, the City intends to award the initial contract with RHA in the amount of $60,000: $25,000 to complete solar PV and energy assessment related services as a public benefit to utility customers and $35,000 to complete solar PV and energy assessment related services for City projects and future initiatives; and
WHEREAS, funds to complete up to $25,000 of services for public benefit are available in the Public Benefit Fund annually in Account 675-7020-473.33-25, and funds to complete up to $35,000 of services assessing City-led projects and initiatives shall be appropriated (and later budgeted in future budgets) from the Electric Fund to Professional Services account 670-7000- 473.33-11.

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

SECTION 1. The City Council approves the MSA with Richard Heath & Associates, Inc. in an amount with a total not-to-exceed $60,000 for one (1) year and subsequent amendments to extend the Agreement for up to four (4) additional one-year terms for $60,000 per year.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Amendment and to execute the Amendment with Richard Heath & Associates, Inc. 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. 370
Resolution 2025-162

Page 2 of 4 ends

PASSED, APPROVED AND ADOPTED this 12th day of November, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
371
Resolution 2025-162

Page 3 of 4 ends

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-162 was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of November, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
372
Resolution 2025-162

Page 4 of 4 ends

EXHIBIT A
Agreement
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AGREEMENT FOR PROFESSIONAL SERVICES (C00###) FOR ENTER

CONTRACT TITLE BY AND BETWEEN CITY OF BANNING AND

ENTER COMPANY NAME
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 Enter Consultant Name, a California Corporation, Limited Liability 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 a proposal in response to RFP # for the performance of the services for Insert 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.

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 374
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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.

1.4 Licenses, Permits, Fees and Assessments.

1.5 Familiarity with Services.

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, 375
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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.

1.8 Additional Services.

1.9 Facilities and Equipment.

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. 376
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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.

Name Title
[Name] [Title]
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. 377
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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.

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 378
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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 the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than $[Numerical Amount] (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 379
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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.

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.

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 380
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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 of this Agreement shall be from the Effective Date through [Month] [Day], [Year], OR (shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof,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.

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 381
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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.

4.5 Consultant’s Waiver of Subrogation.

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.

4.8 City Remedy for Noncompliance.

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. 382
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4.9 Evidence of Insurance.

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 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.
383
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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.

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.

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 384
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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.

5.3 Ownership of Documents.

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 385
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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.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

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. 386
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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.

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.

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 387
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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.

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.

7.1 Non-liability of City Officers and Employees.

7.2 Conflict of Interest.

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.

7.3 Covenant Against Discrimination.

Consultant shall take affirmative action to insure that applicants are employed, and that employees 389
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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.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

If to City Attn: ______________
City’s Contract Officer
City of Banning
99 East Ramsey Street
Banning, California 92220
Email:

With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: [Name]
[Title]
[Company Name]
[Street Address]
[City, State, Zip]
Email: [Email Address]
390
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8.2 Interpretation.

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.

8.5 Severability.

8.6 Mutual Cooperation.

8.7 No Third Party Beneficiaries Intended.

8.8 Final Payment Acceptance Constitutes Release.

8.9 Non-Appropriation of Funds.

8.10 Headings.

8.11 Word Usage.

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 392
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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]
393
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

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.
394
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing [Insert Services to be Completed] prepared in connection therewith:

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

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. 395
Exhibit “B”-1
11303-0008\2344655v8.doc
EXHIBIT “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 1(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.
396
Exhibit “B”-2
11303-0008\2344655v8.doc

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___________________________ 397
Exhibit “B”-3
11303-0008\2344655v8.doc

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.
398
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as 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. 399
Exhibit “C-1”-1
11303-0008\2344655v8.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
400
Exhibit “D”- 1
11303-0008\2344655v8.doc
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.
401
Exhibit “D-1”- 1
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III.EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
402

1. Notice

REQUEST FOR PROPOSALS (RFP)
RFP-25-107 Solar Photovoltaic & Energy Assessment Services Dear Proposers:

The City of Banning (hereinafter referred to as the “City”) is requesting proposals from a qualified public entity or private firm, to establish a contract for the scope of services outlined in this request for proposals.

NOTICE IS HEREBY GIVEN that online price and document submittals must be uploaded to the online bidding system in accordance with the instructions included herein, on or before the time and date set forth in the schedule of events. It shall be the responsibility of the proposer to upload their proposal before the announced time. However, responses may be submitted at any time prior to the deadline. (Submitted proposals may be withdrawn and resubmitted at any time prior to the deadline, and cannot be viewed by City staff until the close date and time.)
SOLICITATION DOCUMENTS: To obtain a copy of the solicitation documents, please visit https://procurement.opengov.com/portal/banning-ca. If you are not currently registered with the City of Banning through OpenGov, please create an account and subscribe to this project for notifications. Proposals may only be submitted by companies who are listed as a prospective bidder on the electronic bidding website for each project that they wish to submit a response to. Firms must also check the web site periodically for addenda information as failure to download and acknowledge any and all addenda in the submittal will result in proposer disqualification.

RESPONSIVE PROPOSALS: Once listed on the prospective bidders list, companies may submit their proposals on the electronic bidding system. The City will not accept proposals submitted by companies who are not on the prospective bidders list, or from companies who have submitted a proposal via facsimile, email, mail, or any other format not permitted by this solicitation. Further instructions for submitting proposals are explained in this solicitation. Companies are to adhere to all of the submittal instructions and requirements outlined in this solicitation in order to be considered responsive to this request for proposals.

Post Information
403
Posted At:

Fri, Aug 8, 2025 3:38 PM
Sealed Bid Process:

Yes (Bids Sealed / Pricing Sealed)
Private Bid:

2. Introduction

2.1. Summary
The City of Banning (“City”) is seeking a qualified entity or individual (“Company”) to provide the services listed in the Scope of Work.

The City anticipates selecting one firm to perform the services.

Proposals are requested from Companies that have a demonstrated ability to perform the tasks identified in this Request for Proposal (“RFP”).

2.2. Background
The City of Banning is strategically located astride Interstate 10 between the Inland Empire and the Coachella Valley in the San Gorgonio Pass. The City, incorporated in 1913, has a rich and colorful history.

Initially Banning served as a stagecoach and railroad stop between the Arizona territories and Los Angeles. This history has contributed to the present-day spirit of pioneer resourcefulness and "can do" attitude that is so prevalent in the community.

Banning is a friendly and wholesome place to work and raise a family. Desirable executive housing is available, as well as moderate and lower income housing. Clean air, ample water supplies and the memorable and inspiring scenic vistas of both Mt. San Gorgonio and Mt. San Jacinto, the 2 tallest peaks in Southern California, are additional amenities which make the City of Banning a logical choice as a development opportunity in the Southern California area.

2.3. Contact Information
Barbara Mason
Chief Procurement Officer
99 E. Ramsey Street
404
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3121
Department:

Purchasing Division

2.4. Timeline
This request for proposal will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City.

Release Project Date:

August 8, 2025
Pre-Proposal Meeting (Non-Mandatory):

August 21, 2025, 2:30pm

TEAM CALL
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_MDllMGI0ZGEtYTU3My00MzlkLTgwNDYtMzAxZTllYzdlY2E3%40thread. v2/0?context=%7b%22Tid%22%3a%2228cb6a6f-78fe-445d-acfdcf07066168f7%22%2c%22Oid%22%3a%228e16e855-140b-4487-b7c7- 19b383cbe4be%22%7d
Meeting ID: 265 810 212 043 5
Passcode: ts9pa6Ya
Question Submission Deadline:

August 28, 2025, 4:00pm
Proposal Submission Deadline:

September 11, 2025, 4:00pm
Anticipated Vendor Selection Date:

October 28, 2025

3. Prerequisites
Proposals will only be considered from Companies that meet the following prerequisites:

3.1. Years of experience
405
Have at least five (5)years’ of experience, within the past five (5)years under a legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. Have not filed for bankruptcy under any business name over the past five (5) years.

3.2. OpenGov Registration
Have created an account on OpenGov. Companies can register at:
https://procurement.opengov.com/portal/banning-ca
Once registered, Companies must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.

3.3. Non-Mandatory Pre-Proposal Meeting
All prospective Companies are strongly encouraged to attend the non-mandatory preproposal meeting on Thursday, August 21, 2025 at 2:30 pm to be held at:

TEAM CALL https://teams.microsoft.com/l/meetupjoin/19%3ameeting_MDllMGI0ZGEtYTU3My00MzlkLTgwNDYtMzAxZTllYzdlY2E3%40thread. v2/0?context=%7b%22Tid%22%3a%2228cb6a6f-78fe-445d-acfdcf07066168f7%22%2c%22Oid%22%3a%228e16e855-140b-4487-b7c7- 19b383cbe4be%22%7d Meeting ID: 265 810 212 043 5 Passcode: ts9pa6Ya

3.4. Licenses
If applicable, Company and/or its key personnel, shall hold an appropriate license for the Company’s discipline and the Services on the date the Proposal is submitted. List the certifications your organization have in the proposal.

Preferred Licenses:

ASHRAE Building Energy Assessment Professional (BEAP)
Energy Management Professional (EMP)
Association of Energy Engineers Certified Energy Manager (CEM) Certified Energy Auditor (CEA)

3.5. Department of Industrial Relations Registration
If applicable, Company shall have registered with the Department of Industrial Relations and any other required organizations.
406

4. Scope of Work

4.1. Solar Photovoltaic Assessments
Assess the viability of installing solar photovoltaic systems on City owned facilities or City electric customers including, but not limited to:
• Roof mounted systems
• Ground mounted systems
• Parking cover mounted systems
• Other prospective applications

4.2. Power Quality Assessments/Energy Audits for Distributed Energy Resources (DERs) and Transportation Electrification (TE)
Upon request and Banning Electric Utility (BEU) approval, an on-site evaluation, also known as an “energy audit” will be completed by the Contractor for the evaluation of prospective distributed energy resources (DERs) such as large-scale solar PV, battery storage, microgrids, demand response technologies, etc. The energy audit is designed to obtain a complete inventory of the existing energy measures/equipment located on the customer’s premises, along with the recommended retrofits and strategies that may garner energy savings or GHG emissions reduction for the customer.

To align with the state’s climate goals and initiatives, the Energy Audit shall include a section on transportation electrification (TE). The section will be developed by the Contractor through an assessment of the customer’s readiness to support electric vehicle charging for fleet, employees and/or the public. The Contractor shall develop a checklist and questionnaire to capture the feasibility of installing electric vehicle charging stations on the customer’s premises. The assessment will cover aspects such as available on-site power capacity, site accessibility, customer’s EV charging needs, proposed EV charger installation locations, existing vehicle types and future expansion possibilities.

Produce an Energy Audit Report that shall include a written section that explains the findings of the assessment on the customer’s premises. This information is meant to educate customers on how to get started with their DER and/or TE journey and provide BEU staff with preliminary information to better assist their customers.

4.3. Engineering Support
BEU may request Contractor to provide guidance and policy support on best practices to implement energy efficiency standards as it pertains to distributed energy resources. 407
Evaluating/Validating energy saving and GHG emissions reductions from measures and/or equipment installed by the customer. This includes Pre and Post Install Measure and Verification (M&V) of customer efficiency/electrification projects, as well as emerging technologies.

Provide energy simulation modeling and analysis of Non-Residential building systems and/or process equipment, may include development of energy efficiency savings calculation tools.

4.4. Payment and Reporting
The Contractor shall provide detailed documentation for the following applicable areas below:
• All Monthly Invoices shall include information on tasks completed for each program activity with costs.
• Evaluation, Measurement and Verification (EM&V) reports on efficiency retrofits completed by customers.

4.5. Other Tasks
Any other research, engineering or energy related engineering services as requested

5. Vendor Questionnaire
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability to perform work of this type. Emphasis should be concentrated on completeness and clarity of content. Proposals shall adhere to the following format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation.

1. Cover Letter*
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process.

Please upload your response
*Response required
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2. Proposal*
A. Statement of Understanding and Approach
o This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.
o This section should include the following:
 An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
 Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.
 Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.  Detailed description of specific tasks you will require from City staff.

Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
 Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired.
 Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or 409
rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.

B. Company Information
o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.
o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

C. Company Personnel
o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the Company shall identify how long the Company has worked with the subcontractor.
o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure
o Please disclose any and all past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, 410
appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years. o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates.

Please upload your response
*Response required

3. Price Proposal*
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services. The total shall be an all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement.

In addition, a statement must be included in this section that if the proposer is charging travel costs, the proposer's charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.

Please upload your response
*Response required

4. Value Added Services
Please describe any value-added services your company offers that may be of use to the City

5. Evidence of Insurance*
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In addition, the Company shall provide evidence of possession of insurance in the coverage and amounts listed in the Sample Agreement.

City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in contract sample.

Please upload your response
*Response required

6. Vendor Forms
Please download the below documents, complete, and upload. • New_Vendor_Packet.pdf

7. Type of Business*
C Corporation
S Corporation
Limited Liability C Corporation
Partnership
Limited Liability Partnership
Sole Proprietor/Individual
Other
*Response required

8. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
*Response required

9. EX PARTE COMMUNICATIONS CERTIFICATION*
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I certify that Bidder and Bidder’s representatives have not had any communication with a City Councilmember concerning this IFB at any time after the date and time that this IFB was publicly advertised.

Yes
No
*Response required

10. EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None."
*Response required

11. DEBARRED, SUSPENDED, DISQUALIFIED QUESTIONNAIRE*
Has the Company, any officer of the Company, or any employee of the Company who has proprietary interest in the Company, ever been debarred, suspended, disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes
No
*Response required

12. DEBARRED SUSPENDED DISQUALIFIED QUESTIONNAIRE CONTINUED* If stated "Yes" above, please explain the circumstances in the following space, or state "None."
*Response required

13. DISCLOSURE OF GOVERNMENT POSITIONS*
Each Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None."
*Response required

14. CERTIFICATION COMPLIANCE*
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Please download the below documents, complete, and upload. • Certification-Compliance_with_Russia_Sanctions.pdf
*Response required

6. Pricing Proposal
Provide total estimated pricing in accordance with the City’s current requirements, as set forth in section 4 Scope of Work. Also provide your firm’s proposed Staffing Plan on a separate sheet of paper, to include hourly rates. Consultant should use a separate form to state pricing for any added value. All responses submitted shall include all rates related to providing the services outlined in the Scope of Services. All responses shall include a full and complete breakdown of all the costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc. In addition to entering the rates for the items in the table below, Consultants may include any additional applicable items/rates in the proposal. Consultant shall provide a separate rate schedule identifying staff members’ hourly rates, job titles. reimbursable expenses and/or rates, mileage and/or travel cost, etc.

Line
Item Description Quantity
Unit of
Measure
Unit
Cost
Total
1 Roof Mounted Systems 1 Per Hour
2 Ground Mounted Systems 1 Per Hour
3 Parking Cover Mounted Systems 1 Per Hour
4 Other Solar Applications 1 Per Hour
5 Power Quality Assessments
(miscellaneous)
1 Per Hour
6 Engineering Support as Needed 1 Per Hour
TOTAL

7. Submission Instructions And Inquiries

7.1. Inquiries
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices, exhibits or attachments, the Company shall immediately notify the City of 414
such error in writing and request modification or clarification of the document.

Modifications shall be made by written Addenda to the RFP.

If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Barbara Mason, Chief Procurement Officer, at (951) 922-3121.

The Final day for receipt of questions from the Proposer shall be on or before the due date indicated in the schedule of events section. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above. Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember, City staff, or RFP evaluation panel member other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibited and the Proposer shall be disqualified from consideration.

7.2. Completion Of Proposal
Proposals shall be completed in all respects as required by this RFP. A proposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind, and will be rejected if any such defect or irregularity can materially affect the quality of the proposal. Proposals which contain false or misleading statements may be rejected. If, in the opinion of the City’s Selection Committee, such information was intended to mislead the City in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, the proposal will be rejected. Statements made by a Company shall also be without ambiguity, and with adequate elaboration, where necessary, for clear understanding.

Unauthorized conditions, exemptions, limitations, qualifications, or provisions attached to a Proposal will render it non-responsive and will cause its rejection. 415
The Company, in responding to this RFP, must submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate.

Costs for developing Proposals are entirely the responsibility of the Company and shall not be chargeable to the City. The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process. All costs shall be borne by the Company responding to this RFP. The Company responding to this RFP shall hold the City harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the Company.

7.3. Delivery / Submission Of Proposals
The Final day for submission of proposals shall be on or before the due date indicated in the schedule of events section.

Companies shall register on the City’s Electronic Bidding System, https://www.banningca.gov/bids. Once registered, Companies must download the RFP while logged in under their own name and identification number to appear on the Current Prospective Bidders List as a “Prospective Bidder.” Companies that fail to download the RFP will not appear on the Current Prospective Bidders List and their proposals will be considered non-responsive. If a Company is unable to register or download the RFP from the bidding website, a representative may contact OpenGov.

All proposal documents and supplementary documents must be uploaded using the City’s bidding website prior to event date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from the bidding website.

The City reserves the right to reject any and all proposals and to waive information and minor irregularities in any proposal received.

Acceptance of Terms and Conditions - Submission of a proposal pursuant to this RFP shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in this RFP.

The time and date are fixed, and extensions will not be granted unless specifically stated by the City in an addendum to this RFP. Proposals not received before the bid event time will not be accepted.

7.4. Alternative Proposals
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Only one proposal is to be submitted by each Company for this RFP. Multiple simultaneous proposals will result in rejection of all Proposals submitted by Company. A Company may, prior to the proposal due date and time, withdraw a proposal and submit a new proposal, so long as the new proposal is submitted before the proposal due date and time.

7.5. Examination Of RFP And Sites Of Work
The Company shall carefully examine the RFP and all sites, if applicable, of the work contemplated. The submission of a Proposal shall be conclusive evidence that the Company has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Proposal, RFP, and other Contract Documents.

By submitting a Proposal, the Company hereby certifies that it has: examined the local conditions, read each and every clause of this RFP, included all costs necessary to complete the specified work in its proposed prices, and agrees that if it is awarded the Contract it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any provision of the Contract. Should the conditions turn out otherwise than anticipated by it, the Company agrees to assume all risks incident thereto.

7.6. Addenda
Unless otherwise specified, any addenda issued during the time of bidding must be acknowledged electronically via the City’s Bidding Website, which will be made part of the proposal. Addenda notifications will be provided to those listed on the Electronic Prospective Bidder’s List via email.

7.7. Withdraw Of Proposals
All proposals shall be firm offers and may not be withdrawn for a period of one hundred twenty (120) days following the deadline date for submission of proposals noted herein.

Submitted Proposals may be withdrawn at any time prior to the submission deadline.

7.8. Pre-Proposal Meeting
There will be no pre-proposal meeting.

8. Evaluation Criteria
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution.

Furthermore, the City reserves the right to request additional information about any and all Proposals, that in City’s opinion, is necessary to assure that the Company’s competence, 417
number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.

All Proposals shall be reviewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references will be rejected as non-responsive.

Responsive proposals will be evaluated on the basis of the criteria below. If needed, interviews will be scheduled during or after the week indicated in the “Schedule of Events” section.If needed, interviews will be conducted by the same members on the proposal evaluation panel. Dates, times, and a location will be coordinated at that time if interviews are deemed necessary after the evaluation of responsive proposals. If interviews are deemed necessary, candidates who have submitted the highest scoring proposals within a competitive range as determined by the City will be invited to participate in the interview process.

The selected Company shall then enter into exclusive negotiations with the City to formalize the Scope of Service and Compensation. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If the City is unable to obtain a fair and reasonable price or cannot reach agreement regarding the terms for the Scope of Services, then the City will end negotiations with that Company and begin negotiations with the next Company which best meets the needs of the City, and so on until a City and the Company reach agreement.

The City intends to select the Company that offers the best value to the City based on the criteria outlined above.
• 1. Qualifications
Scoring Method:

Points Based
Weight (Points):
25 (25% of Total)
• 2. Pricing
Scoring Method:

Points Based
418
Weight (Points):
10 (10% of Total)
• 3. Experience (Projects of similar size and scope)
Scoring Method:

Points Based
Weight (Points):
20 (20% of Total)
• 4. Professional References
Scoring Method:

Points Based
Weight (Points):
10 (10% of Total)
• 5. Approach and Methodology
Scoring Method:

Points Based
Weight (Points):
30 (30% of Total)
• 6. Value Added Services
Scoring Method:

Points Based
Weight (Points):
5 (5% of Total)

9. Resulting Contract

9.1. CONTRACT TERM
The initial term of the Agreement shall last one (1) year from the date of execution with the option to extend for four (4) additional one-year terms not to exceed five (5) years 419
based upon acceptable performance by the Company, acceptable fees and subject to the same terms and conditions of the Agreement.

Pricing is to remain firm for the initial contract term. Should the option to renew for additional years be exercised, City and Company may negotiate any and all price modifications.

9.2. CONTRACT DOCUMENTS
In submitting a Proposal, the Company agrees to enter into an Agreement with the City without exceptions to the City’s standard agreement. The City’s standard agreement is non-negotiable, and a copy of the standard agreement is attached herein. Any change to the standard agreement will deem the Proposal non-responsive. In the event of a conflict exists between documents the following order of precedence shall apply:
• Agreement
• City of Banning’s Request For Proposals
• Company’s Response to the Request For Proposals

9.3. EXECUTION OF AGREEMENT
After contract award, the following shall be signed and returned to the City within fourteen (14) calendar days from the date the City mails, or by other means delivers said documents to the Company:
• The Agreement in the form included herein, properly executed by the Company. • Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the sample agreement.
• Confirmation of current business tax certificate.
• Bonds, if required.

In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of California, or on days when the City is closed, the Contract Documents shall be delivered by the following working day.

No Agreement shall be binding upon the City until all documents are fully executed by the Company and the City.

9.4. FAILURE TO EXECUTE THE AGREEMENT
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Failure to execute the Agreement and furnish the required insurance and business tax certificate, within the required time period shall be just cause for the rescission of the award. If bonds are also required, failure to furnish sufficient bonds shall cause rescission of the award. If the successful Company refuses or fails to execute the Agreement, the City may award the Agreement to the next qualified Company.

10. Terms And Conditions

10.1. Contract Terms And Conditions
The successful company will be required to execute the City's standard agreement (“Agreement”). A sample is attached herein. The successful company must meet all insurance requirements in the Agreement. All terms and conditions of the Agreement are non-negotiable. Companies must possess valid City of Banning Business License throughout the term on the contract. Failure to execute the Agreement and furnish the required insurance within the required time period shall be just cause for the rescission of the award. If any of the successful Companies refuse or fail to execute the Agreement, the City may award the Agreement to the next most qualified Company.

10.2. Public Records
All Proposals submitted in response to this RFP become the property of the City and pursuant to the Public Records Act (Gov. Code, § 6250 et seq.) are public records, and as such may be subject to public review at least 10 days before selection.

The Company must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order that the Company may obtain. Note that under California law, price proposal to a public agency is not a trade secret.

Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as 421
confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.

The City reserves the right to make use of any information or idea contained in the Proposal. All materials, ideas and formats submitted in response to this RFP will become the property of the City upon receipt.

10.3. Conflict Of Interest
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

10.4. Rejection Of Proposals
The City may reject any/or all Proposals and may waive any immaterial deviation in a Proposal. The City’s waiver of an immaterial defect shall in no way modify this RFP or excuse the Company from full compliance with this RFP and/or the Contract Documents if awarded the Contract. Proposals that include terms and conditions other than City’s terms and conditions may be rejected as being non-responsive. The City may make investigations as deemed necessary to determine the ability of the Company to perform the work, and the Company shall furnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Company fails to satisfy the City that such Company is properly qualified to carry out the obligations of the Agreement and to complete the work described herein.

10.5. Protest Procedures
Failure to comply with the rules set forth herein may result in rejection of the protest.

Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the proposals, such as 422
disputes over the staff recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within forty-eight hours from receipt of the notice from the City advising of staff’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The RFP Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff’s recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting.

10.6. Cancellation
The City retains the right to cancel this RFP at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any proposals.

11. Attachments
• A - Professional Services Agreement Template with Prevailing Wage - provided by RWG 4-24-23
423
Solar PV & Energy Assessment
Services Proposal
Prepared for the City of Banning
Cynthia Rafferty
President
559.573.3551
[email protected]

09.10.2025
resource-innovations.com
424
Solar PV & Energy Assessment Services Proposal
resource-innovations.com i
Table of Contents
1 Approach............................................................................................................................ 2

1.1 Implementation Plan.......................................................................................................................2

1.2 Quality Assurance............................................................................................................................3

1.3 Project Schedule and Transition Plan ...........................................................................................4 2 Company Information ........................................................................................................ 5 3 Personnel ........................................................................................................................... 6 4 Experience and References ................................................................................................ 9

4.1.1 Qualifications.......................................................................................................................9

4.1.2 References .........................................................................................................................13 Statement of Confidentiality
Some of the descriptive materials in this proposal are proprietary and confidential information of Resource Innovations and shall not be disclosed or reproduced, in whole or in part, to any third party or used for any purpose other than to evaluate this proposal or otherwise in connection with the resulting contract, without the prior written consent of Resource Innovations. Resource Innovations maintains all ownership rights to this proposal and the information it contains. The information that we consider proprietary or confidential has been identified by marking each page containing such information with the word CONFIDENTIAL. Resource Innovations, in accordance with any applicable rules and regulations, shall be entitled to notification of any request for disclosure, and Resource Innovations reserves the right to take any and all action necessary and appropriate to protect the information from release and maintain its confidentiality.

Appendix 1 Resumes
425
1 Approach
A. Statement of Understanding and Approach
Executive Summary
Resource Innovations–RHA (RI-RHA) offers the City of Banning a highly qualified team with the tools, expertise, and systems to deliver seamless Solar Photovoltaic & Energy Assessment Services. Our approach ensures technical rigor, customer engagement, and transparent reporting through the following core capabilities:
• Comprehensive Assessments – Feasibility studies for solar PV (roof, ground, and parking cover systems), distributed energy resources (DERs), battery storage, and transportation electrification (TE), tailored to City facilities and electric utility customers. • Multilingual Engineering Staff – Including Spanish-speaking engineers, ensuring effective communication with customers and stakeholders throughout the assessment process. • Custom BEU (Banning Electric Utility) Project Database – A centralized platform already developed for BEU to host, track, and manage all assessments, construction drawings, comments, schedules, and project documentation.
• Engineering Support & M&V Expertise – Providing scope review with BEU, developing quotes based on approved hourly rates, and delivering pre- and post-installation measurement and verification (M&V), simulation modeling, and policy guidance.

1.1 Implementation Plan
Below we describe our project Implementation Plan.

1. Project Management and Controls
• RI–RHA employs structured project controls to keep projects on scope, budget, and schedule. Key practices include:
o A dedicated Project Manager serving as the single point of contact. o QA/QC protocols to verify accuracy of all technical analyses and reports. o Use of tracking tools (Microsoft Project, Smartsheet) to monitor progress and adjust resources to meet deadlines.
o Technical staff and engineers will coordinate directly with BEU staff and customers to plan and execute assessments efficiently, ensuring alignment at every stage.

2. Stakeholder Engagement
• We prioritize collaboration with City staff, BEU, and community stakeholders by:
o Hosting kick-off and recurring coordination meetings with BEU staff. o Scheduling and coordinating on-site visits with customers, ensuring minimal disruption to operations.
426
o Conducting walkthroughs and technical interviews with facility managers to document energy loads, operational schedules, and site-specific conditions. o Deploying our multilingual engineering staff, including Spanish-speaking engineers, to facilitate effective communication with customers and ensure clear understanding of technical recommendations.

3. Approach to Scope of Work
• Solar Photovoltaic Assessments (IV.A): Assess roof-, ground-, and parking cover–mounted PV systems. Each feasibility study will include site inspections, shading analysis, interconnection review, and financial modeling.
• Power Quality Assessments & Energy Audits for DERs and TE (IV.B): Schedule site visits, document existing systems, and evaluate solar PV, battery storage, microgrids, and demand response. Transportation electrification assessments will include capacity checks, accessibility reviews, EV load forecasting, and phased readiness planning. • Battery Storage and Resilience: Experience designing and deploying residential battery storage through programs with other utilities. RI–RHA can conduct feasibility studies for Banning and share best practices.
• Engineering Support (IV.C): Provide policy and technical guidance to BEU. Review project scope with BEU staff, provide quotes based on approved hourly rates, and deliver services including M&V, simulation modeling, and custom tool development.

1.2 Quality Assurance
RI-RHA is committed to serving as a trusted partner to BEU and its customers. Below, we describe how we intend to achieve high client satisfaction.

Achieving Client Satisfaction
• Clear and consistent communication with BEU staff and customers. • Multilingual engineering staff to support customer engagement. • Tailored recommendations aligned with City and State initiatives. • Actionable deliverables that educate customers and support BEU planning. • Local knowledge and experience with BEU – our established relationship with the City of Banning and its customers gives us a unique advantage.
• Rigorous Q/A QC process applied to all deliverables, including internal peer reviews, engineering validation, and management oversight to ensure accuracy and compliance before submission.
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1.3 Project Schedule and Transition Plan
RI–RHA recognizes the importance of clear timelines. Below is our proposed sequence and estimated durations for typical projects. These are estimates; RI–RHA will always seek to expedite work when possible.

Table 1. Project Tasks, Duration, and Deliverables
Task Duration Deliverable
Kick-off Meeting with City 1 day Confirm project scope with BEU staff Database Setup 2 weeks Establish a project in BEU’s custom database Contract Execution 1 week Executed agreement and mobilization Appointment Scheduling &
Documentation 1 week
Once an assessment is requested. RI-RHA
will secure customer appointments and
gather documentation
Field Assessments 1–5 days On-site audit and technical data collection Simulations, Calculations &
Modeling 1–2 weeks Draft analyses and models
Report Development 1–2 weeks Draft audit/assessment report Report Review & Presentation 1 day Virtual meeting with customer and BEU staff; submit final report
Additional Support (if
requested by BEU) As needed Added to project timelines per BEU direction Total Estimated Project Timeline: Typically, 3–6 weeks from appointment scheduling to report submission. The timeline above assumes only one assessment project that we will be working on, since most of the requests will be ad-hoc.
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Roles of City Staff vs. RI–RHA Staff
• RI–RHA: Lead all technical assessments, reporting, stakeholder engagement, and M&V.

Manage and host all project information in the BEU database. • City Staff: Provide site access, utility data, and high-level review/approval of deliverables.

Innovative & Creative Approaches
• Integrated DER + TE Framework – Combining renewable, storage, and EV readiness planning.
• Battery Storage Feasibility – Leveraging our utility program experience to support resilience planning.
• Interactive GIS Mapping – Visualizing PV and DER opportunities across City facilities. • Customized M&V Tools – Delivering calculators and dashboards for BEU tracking.

Use of City-Owned Facilities or Property
At this time, RI–RHA does not anticipate requiring City-owned facilities, property, or equipment.

Should opportunities arise to leverage City resources in ways that reduce costs or accelerate implementation, we will propose terms for City consideration with transparent pricing impacts. 2 Company Information
Resource Innovations Inc. is a woman-led energy consulting firm. With more than 1,100 employees in North America, Resource Innovations brings more than 25 years of expertise in energy efficiency (EE) research, analysis, program design, delivery, and evaluation. We have completed more than 3,500 client assignments in more than 100 countries and evaluated programs totaling hundreds of millions of dollars in funding. We complete more than 40 process and impact evaluations of EE, demand response (DR), and behavioral programs per year. This includes many of the largest programs, newest pilots, and full-scale program implementations in North America. Resource Innovations has dedicated teams that specialize in:
• Evaluation, Measurement & Verification
• Transportation Electrification
• Demand Response Programs and Technologies
• Distributed Energy Resources and Battery Storage
• Program Planning and Design
• Market Research and Market Characterization
• Market Transformation
• Sustainability and GHG Accounting and Reduction
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Founded by Richard Heath and Jim O’Bannon in 1980, Richard Heath & Associates, Inc. (RHA) has a 45-year history designing and implementing programs that ensure equitable access to programs and services for historically underserved audiences. Based in Fresno, CA, RHA works statewide with utility and government clients to further social and environmental justice by building bridges to vulnerable populations. RHA has specialized experience in programs involving energy efficiency, energy resilience, and public health. Through four and a half decades of service, RHA has positively impacted the lives of millions of low-income Californians and made meaningful improvements to mitigate climate change.

The joint team of RI and RHA is a corporation composed of a team that is licensed, and upstanding in the industry.
3 Personnel
The combined RI and RHA team are authorized to work in the state of California and are eager to assist the City of Banning meet its energy goals. The following table shows the primary staff assigned to this project, though additional staff can be made available to best suit the needs of particular building analyses. Resumes are in appendix 1.

Table 2. Key Personnel
Name/Role/Responsibilities Qualifications & Experience
Gabriel Peredo, Director
• Serves as APU’s primary contact
person
• Provides operational oversight and
strategic direction to program staff
• Oversees all aspects of project
management, energy audits and
direct installation services
• 21+ years of experience in program
management
• 13+ years as a project manager on energy
efficiency programs for municipal utilities
• 14 years conducting ASHRAE-level audits,
energy efficiency savings and calculations for
commercial and industrial facilities
• B.S., Mechanical Engineering
• Southern California Edison Customer
Technology Application Center Certificates
• Environmental Protection Agency Refrigerant
Handling Certification
• Lighting Controls Acceptance Test Technician
Danielle Kolp, Principal
• Provides comprehensive guidance on
EE, DER, TE, and DR aspects of
projects
• Stakeholder outreach and
engagement
• 16+ years of project management for energy
efficiency, solar PV, demand response, and
transportation electrification impact and
process evaluations, program planning and
design, market research, and market
transformation
• M.S. Environmental Science and Management
• B.S. in Mathematics; B.S. Natural Science,
Physics Emphasis
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Name/Role/Responsibilities Qualifications & Experience
Dylan Klomhaus, Professional Engineer
• Oversees staff delivery of energy
audits, billing data analysis and
engineering support services,
including generating energy
efficiency measure recommendations
• Advises on the implementation of
energy conservation measures
• Provides mechanical and electrical
project design
• 9 years of experience in the energy industry
overseeing and delivering energy audits,
custom energy savings calculations, energyfinancial analysis and scoping cost-effective energy and demand reduction
recommendations
• B.S., Mechanical Engineering
• Professional Engineer - Colorado
Lauren Cinquini, Energy Engineer III
• Performs ASHRAE-level audits of
customer residences and businesses
• Conducts billing data analysis
• Provides engineering support
services
• 13 years of experience conducting ASHRAElevel audits to identify energy efficiency opportunities
• 13 years performing energy efficiency savings
calculations and other engineering services
• 10 years managing energy efficiency projects
• B.S., Mechanical Engineering
• Engineer in Training
• California HERS I Alterations, New
Construction, RCA Certification
• California HERS II Certification
• HVAC Technician Certification
Anna-Elise Smith, Manager
• Quantify impacts of GHG reduction
measures and strategies
• Assess DR and storage measures and
impacts
• Climate Registry and GHG Corporate analysis
• DR and storage technology assessment and
evaluation
• MPP, Energy & Environment
• B.A. Ecology and Evolutionary Biology
Jorge Zamorano, Energy Engineer II
• Performs ASHRAE-level audits of
customer residences and businesses
• Conducts billing data analysis
• Provides engineering support
services
• 2 years performing ASHRAE-level audits to
identify energy efficiency opportunities
• 2 years assisting clients with incentive and
rebate applications
• 2 years conducting research for project
application
• B.S., Science and Physics
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Name/Role/Responsibilities Qualifications & Experience
Rozina Nalbandian, Energy Engineer II
• Performs ASHRAE-level audits of
customer residences and businesses
• Conducts billing data analysis
• Provides engineering support
services
• 2 years performing energy usage analyses on
facilities
• 2 years providing technical assistance support
to energy projects
• 2 years developing comprehensive reports
• M.S., Mechanical Engineering
Nevin Velasquez, Energy Engineer II
• Performs ASHRAE-level audits of
customer residences and businesses
• Conducts billing data analysis
• Provides engineering support
services
• 1 year of engineering experience
• 1 year of supporting utility client energy
efficiency programs with energy audits and
engineering support
• B.S., Mechanical Engineering
Victor Medina, Engineer II
• Performs ASHRAE-level audits of
customer residences and businesses
• Conducts billing data analysis
• Provides engineering support
services
• 2 years of engineering experience
• 2 years of supporting utility client energy
efficiency programs with energy audits and
engineering support
• B.S., Mechanical Engineering
Tristan Williams, Energy Engineer I*
• Performs ASHRAE-level audits of
customer residences and businesses
• Conducts billing data analysis
• Provides engineering support
services
• 1 year of engineering experience
• 1 year of supporting utility client energy
efficiency programs with energy audits and
engineering support
• B.S., Electrical Engineering
Andy Valle, Energy Engineer I
• Performs ASHRAE-level audits of
customer residences and businesses
• Conducts billing data analysis
• Provides engineering support
services
• 8 months of engineering experience
• 8 months of supporting utility client energy
efficiency programs with energy audits and
engineering support
• B.S., Mechanical Engineering
Chelsea Arreola, Energy Engineer I
• Assists in gathering and analyzing
energy usage data to identify
opportunities for efficiency
improvements
• Supports report development (audit
reports, savings reports,
benchmarking reports, etc.)
• 7 months of experience supporting utility
energy efficiency programs
• 7 months assisting with engineering activities
• B.S., Electromechanical Engineering
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Name/Role/Responsibilities Qualifications & Experience
Brandon Nakasako, Energy Engineer I
• Supports delivery of energy audits
• Provides engineering support
services
• Supports report development (audit
reports, savings reports,
benchmarking reports, etc.)
• 2 months of experience supporting utility
energy efficiency programs
• 2 months assisting with engineering activities
• B.S., Mechanical Engineer
Information Systems
Provides database system programming and
maintenance and ad hoc custom reports
• Robust experience with database design
• Skilled at data analysis and management to
provide essential and accurate program
insights
• Ability to develop custom reports with critical
data points
4 Experience and References
Resource Innovations combines over 25 years of expertise in program design, delivery, and grid management delivering innovative, tech-enabled services, software, and consulting to over 100 electric and gas utility clients across North America, offering comprehensive services from grid operations to customer-level programs. Table 3 below presents relevant client and project qualifications as required by the RFP.

4.1.1 Qualifications
Table 3. RI-RHA Clients
APU Small Business Energy and Water Direct Install Program Description of contract
RHA provides direct installation services to small business customers with up to 120 kW in demand. RHA performs outreach to drive program participation through door-to-door canvassing, email marketing, direct mailings, and outbound calling
campaigns. Direct installation services include performing an initial assessment/survey to determine energy efficiency opportunities and installing lighting, refrigeration, HVAC, and water measures. Customer types audited: Restaurants,
grocery/convenience stores, retail, multi-family complexes Outcomes achieved
Since 2014:
• 2,897 customers served
• 8,669,011 kWh saved
Since 2021:
• 6,710,0552 gallons saved
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Contract start and end date 2023 – 2024; original contract start date 2006 APU Commercial Utilities Commercial Energy and Water Assessment Description of contract
RHA conducts ASHRAE Level I and II energy audits, third-party measurement & verification, industrial metering, troubleshooting of power-related issues and inspection of existing and newly installed equipment. Our services provide customers with a roadmap for energy efficiency upgrades and retrofits,
implementation guidance, general knowledge about their
current usage patterns, and helpful information to reduce their overall consumption and demand. Water assessments are done at APU’s request. Customer types audited: Manufacturing, hotels, warehouse distribution, schools, commercial office
Outcomes achieved
Since 2020:
• 142 customers served
• 18,387,811 kWh saved
• 494,913 gallons of water saved
Contract start and end date 2020 – 2025; original contract start date 2020 Azusa Light & Water Energy Savings Program
Description of contract
RHA offers incentives, rebates, and installation of energy efficiency measures to small business customers. We also offer customer education, technical assistance, training, and ongoing client support. RHA previously conducted ASHRAE Level I and II audits at city-owned facilities. Customer types audited: City buildings, restaurants, retail
Outcomes achieved
Since 2014:
• 103 customers served
• 1,924,191 kWh saved
Contract start and end date 3/2024 – 12/2024; original contract start date 2012 Burbank Water & Power Business Bucks Program
Description of contract
RHA designed and operated this program providing small
business customers with free comprehensive energy audits and installation of up to $5,000 in energy-saving retrofits. Customer types audited: Laundromat/dry cleaning, restaurants, retail Outcomes achieved
Since 2014:
• 1,584 customers served
• 4,814,512 kWh saved
Contract start and end date 3/2024 – 12/2024; original contract start date 2004 434
City of Banning Small Business Energy Audits
Description of contract
RHA delivers energy audits and direct installation services to small- and medium-sized commercial customers. With customer approval, RHA field staff conduct door-to-door canvassing and surveys lighting, refrigeration, motor, and air conditioning equipment to identify qualifying energy efficiency upgrades.

Customer types audited: Restaurants, grocery/convenience stores, retail, residential, schools
Outcomes achieved
Since 2014:
• 279 customers served
• 900,244 kWh saved
Contract start and end date 7/1/2018 – 6/30/2022; original contract start date 2015 City of Banning Energy Audits, Solar Plan Review and Technical Assistance Description of contract
As a result of our work in the Business Energy Efficiency Funds, RHA was awarded an additional contract to perform energy audits, solar feasibility studies and power quality analysis for residential, commercial and schools. Customer types audited:

Residential, commercial, schools
Outcomes achieved
Since 2018:
• 247 customers served
• 4,411,318 kWh saved
Contract start and end date 4/18/18 - 12/31/23; original contract start date 2018 RPU Small Business Direct Install Program
Description of contract
RHA helps qualifying businesses install new high-efficiency lighting and other energy-efficient measures to help reduce customers’ energy costs. Services RHA provides include outreach and education, energy surveys, customized retrofit
recommendations, installation, and program reporting. Customer types audited: Restaurants, grocery/convenience stores, retail Outcomes achieved
In 2023:
• 355 customers served
• 1,216,111 kWh saved
Contract start and end date 2024 – 2025; original contract start date 2020 RPU Commercial Exterior Lighting Program
Description of contract
RHA helps qualifying businesses install new high-efficiency lighting and other energy-efficient measures to help reduce small business customers’ energy costs associated with outdoor lighting. Services RHA provides includes a free energy
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assessment to evaluate energy use and the corresponding efficiency opportunities for businesses. Customer types audited:

Car dealerships, shopping plaza, office parks
Outcomes achieved
In 2023:
• 60 customers served
• 581,665 kWh saved
Contract start and end date 2024 – 2025; original contract start date 2020 VPU Energy Audits
Description of contract
RHA conducts ASHRAE Level I, II and III energy audits, third-party verification, industrial metering, troubleshooting of power-related issues and compressed air retro-commissioning for the City of Vernon as part of the Customer Incentive Program. These energy audits provide customers with a roadmap for energy efficiency upgrades, retrofits, implementation guidance and repairs to the existing infrastructure. Customer types audited: Manufacturing, refrigerated warehouses, large warehouse distribution
Outcomes achieved
Since 2015:
• 78 customers served
• 17,288,431 kWh saved
Contract start and end date 2023 – 2026; original contract start date 2011 Victorville Municipal Utility Comprehensive Energy Audits Description of contract
RHA conducted ASHRAE Level I, II and III audits and provided audit reports for commercial and industrial customers. Customers could select RHA or an external contractor to install
recommended energy efficiency upgrades. RHA provided
ongoing support and follow-up through the incentive process in both cases. Customer types audited: Conditioned/unconditioned storage, airport
Outcomes achieved
Since 2014:
• 12 customers served
• 4,378,430 kWh saved
Contract start and end date 2020 – 2024; original contract start date in 2014 LBUSD Energy Management and Consulting Services
Description of contract
RHA coordinates accountability for district energy consumption and supports developing energy management and sustainability programs and efficiency standards. Our work with LBUSD
included auditing LBUSD’s 90 school sites focusing on highenergy consumers, assessing the feasibility of EV charging 436
infrastructure and managing a solar installation project. Customer types audited: Schools, large offices, refrigerated warehouses Outcomes achieved
In 2023:
• 10,503,813 kWh saved
• 117,620 therms saved
Contract start and end date 2023 – 2024; original contract start date 2014 SoCalGas Business Energy Efficiency Surveys
Description of contract
RHA provides surveys to business customers and refers them to eligible programs. The survey reports include energy and cost savings estimates, project costs and rebates for applicable measures. Customer types audited: Commercial, agricultural, industrial
Outcomes achieved 35 customers served in 2023
Contract start and end date 2023 – 2026
Xcel Energy Residential Battery Demand Response Pilot
Description of contract
Xcel Energy’s Battery Connect pilot evaluation supports Xcel Energy’s broader demand response (DR) strategy by identifying dispatch strategies that maximize kW impacts, estimating the financial value of each battery ($/kWh), and generating an 8760- hour battery load shape to evaluate year-round performance. It further explores how battery behavior varies with and without utility intervention and assesses the influence of electric rate structures and operating modes on customer battery usage.

Outcomes achieved
• 125 residential solar-plus-storage customers recruited to participate
• 31 total battery charge events
• 41 total discharge events
• Average beginning-of-day discharge capacity of 9 kWh
• Average during-the-day charging capacity of 16 kWh
Contract start and end date 2020 - Present

4.1.2 References
Client references are provided in Table 4 below.
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Table 4. References
Name and Title Email Phone
Brandon Robinson – Associate
Electrical Engineer
[email protected] 951-922-3263
Erica Cassadas – Assistant Electric
Service Planner [email protected] 951-922-3263
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Cynthia Rafferty
President
559.573.3551
[email protected]
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Appendix 1 Resumes
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Gabriel Peredo
Director
Title 24 Acceptance Test Technician, BPI Building Analyst & Envelope, CALCTP-AT Technician, EPA Refrigerant Recovery & Recycling Gabriel has over 21 years of experience in engineering and energy efficiency. He specializes in developing and executing energy efficiency and direct installation programs for commercial, industrial and residential utility customers. Throughout his career, Gabriel has led numerous direct installation programs, conducted thousands of comprehensive audits and performed feasibility studies. He has also managed engineering teams and overseen projects related to building expansion, environmental compliance and lighting retrofits.

EXPERIENCE
Senior Director | Director | Senior Manager | Independent Engineering Consultant, Richard Heath & Associates, Inc. (acquired by Resource Innovations) (2008 - Present) Gabriel provides overall leadership for RHA’s energy efficiency, energy management, construction and construction management contracts in Southern California. He oversees small business, commercial and residential direct install programs for municipal utilities, as well as energy efficiency programs for large commercial, industrial and multifamily customers.

Gabriel manages a team of 40+ staff, ensuring compliance, financial accountability and service quality. He has developed energy survey tools and audit templates compliant with ASHRAE standards, researched emerging regulations and established RHA’s energy efficiency engineering department. Gabriel also conducted environmental risk assessments and audits, ensuring compliance with federal, state and city regulations.

Environmental District Coordinator, United Parcel Services (2000 - 2006) Gabriel oversaw more than 25 industrial facilities to ensure environmental compliance. He conducted environmental training, including spill response, and managed stormwater plans, gas stations, facility waste disposal, automotive oil recycling and other environmental-related activities.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. in Electrical Engineering – California State University, Northridge Title 24 Acceptance Test Technician
Building Performance Institute (BPI) Building Analyst & Envelope California Advanced Lighting Controls Training Program – Acceptance Test Technician (CALCTP – AT)
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www.resource-innovations.com 2
Environmental Protection Agency (EPA) Refrigerant Recovery & Recycling (Type I, II, III)

AFFILIATIONS
California Efficiency + Demand Management Council • Utility Energy Forum • Coalition of Adequate School Housing

AREAS OF EXPERTISE
Commercial Program Design & Delivery • Direct Installation • Audits (ASHRAE I-III) & Assessments • Energy & Sustainability • Construction & Compliance • Commissioning/RetroCommissioning

REPRESENTATIVE PROJECTS
Anaheim Public Utilities (APU) – Small Business Energy & Water Direct Install Program (2008 - Present)
Gabriel oversees the daily operations and strategy of APU’s Small Business Energy & Water Direct Install Program. Focused on efficiency and customer service, he directs program staff to ensure smooth energy audits, direct installations and project management. Under his leadership, the program has served 5,800 small businesses, achieving significant energy and water savings. His expertise in optimizing workflows and driving conservation strategies has been key to the program’s ongoing success and community impact.

Riverside Public Utilities (RPU) – Small Business Direct Installation & Outdoor Lighting Programs (2020 - Present)
Gabriel manages the implementation of RPU’s Small Business Direct Install & Outdoor Lighting programs, ensuring businesses receive cost-effective energy efficiency solutions. He oversees program services, including program outreach, energy surveys, and direct installation of high-efficiency lighting and other energy-saving measures. Under his leadership, the program has supported hundreds of small businesses in lowering energy costs and improving sustainability through customized retrofit solutions. Gabriel’s strategic oversight has strengthened program effectiveness, expanded participation, and maximized energy savings for local businesses.

PUBLICATIONS
Peredo, G., Flores, J. (Burbank Water and Power Marketing Manager) (2019). “Collaborative Utility Projects: Power Factor Correction.” Utility Energy Forum.

Peredo, G., (2016 to Present). “Facility Standards: HVAC and Lighting Systems.” Facilities Design Standards Committee, Long Beach Unified School District. 442
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Peredo, G., (2010–2023). “ASHRAE Level I & II Reports” Internal Technical Documentation for Southern California Clients.

CONFERENCE PRESENTATIONS
Peredo, G. (2023). “Laying the Groundwork for Intelligent Commercial, Industrial and Institutional Benchmarking,” California Water Data Summit, September 2023, Palo Alto, CA Peredo, G. (RHA Senior Director), (2022). “ELECTRIC VEHICLE (EV) TECHNOLOGY.” Anaheim Public Utilities Webinar, 2022, Anaheim, CA.

Peredo, G., (2023). “Orange Unified School District Energy Efficiency Capital Improvements and Funding Opportunities.” Orange Unified School District School Board, 2023, Orange, CA Peredo, G., Van Westerhuyzen, D. (LBUSD Director of Maintenance), Castillo, J. (SBCUSD Director of Maintenance) (2021). “Applying for AB 841 Funding: Measures and Application Process for K–12 Schools.” Coalition for Adequate School Housing Annual Conference, June 2021, Palm Springs, CA
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Danielle Côté-Schiff Kolp
Principal
MESM
Danielle Kolp is a Principal in Resource Innovations’ Advisory Services group, leading the Market Research and Evaluation practice and is located in Portland, Oregon. Danielle has 16 years of experience managing energy efficiency and distributed energy resource (DER) projects, including market research; market characterization; program planning and design; impact and process evaluation services; market transformation; and regulatory support for residential, commercial, and industrial sectors around North America. She has conducted and overseen hundreds of trade ally and other market actor interviews, tens of thousands of survey completes, and thousands of site visits, culminating in a range of deliverables including market research and market characterization reports, strategic plans, extensive portfolio evaluation reports, regulatory testimony, and performance dashboards. She also specializes in program evaluation and design for solar PV, battery storage, transportation electrification, HVAC, HPWH, strategic electrification, weatherization, online marketplaces, C&I measures, new and existing buildings, low-income programs, behavior programs, demand response, energy efficiency education, and small business and multifamily direct install through upstream, midstream, and downstream channels.

EMPLOYMENT
Principal | Senior Manager, Resource Innovations (2022 - Present) Danielle leads the Market Research and Evaluation team and is the primary principal investigator or project manager for many of Resource Innovations’ evaluation and market research projects.

Senior Associate | Associate | Senior Analyst, Cadmus (2009 - 2022) Danielle served as project manager for several multi-year portfolio evaluations, as well as strategic research projects to help her utility clients.

EDUCATION
MS, Environmental Science and Management – Donald Bren School, University of California, Santa Barbara
BS, Mathematics – University of Puget Sound
BS, Natural Science, Physics Emphasis – University of Puget Sound

AREAS OF EXPERTISE
Market Research • Energy Efficiency and DER EM&V • Primary Data Collection • Program Planning and Design • Performance Dashboards • Stakeholder Engagement • Regulatory Support

REPRESENTATIVE PROJECTS
Energy Trust of Oregon - Solar Impact and Process Evaluation, Program Support (2016-2018, 2020-2022) Danielle managed PV impact evaluation for the entire state for program participation from 2011 to 2015.

Delivered true production values compared to estimated output to compute realization rates and observable trends by region, year, and technology. Follow on work included a process evaluation of the solar installation 444
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verifiers, a review of PV installation requirements yielding recommended improvements, and building a solar trade ally rating methodology and tool using R.

PacifiCorp – Battery Storage Program Assessment (2021)
Danielle led a study of Rocky Mountain Power’s Utah battery storage program to analyze battery charge/discharge, solar production, and overall load at a 600-unit apartment complex to quantify four grid service benefits: frequency regulation, peak load management, circuit congestion relief, and backup power.

Pacific Power – Electric Vehicle Market Characterization in Oregon (2020) Performed primary and secondary data collection and analysis to inform the new design of an EV program in Oregon based on EV registration data, primary interviews with electricians and car dealerships, and other data sources. The study provided data on how many, what types and where EV’s and chargers were located, characteristics of those who owned them, barriers to ownership including electrical needs of older homes, and recommendations on how to increase adoption, especially those in MF and disadvantaged groups.

New York Power Authority (NYPA) – EE and DER Potential for New York Through 2030 (2022–2023) Danielle served as the project manager for the potential model that has produced technical, economic, and achievable potential for New York state through 2030. The findings were provided in an interactive model as well as summary presentations. Over 50 interviews were performed with current and potential clients to learn customer insights about awareness, support, and challenges facing non-residential entities in undertaking energy efficiency and distributed energy resources (primarily solar PV and storage). This work culminated in new program development concepts, and strategic consulting to help NYPA attain their large TBtu savings and GHG reduction goals by 2025 and 2030.

Northwest Energy Efficiency Alliance (NEEA) – Agricultural Pumps Market Research (2024-present) Danielle is leading the market research to develop a better understanding of the agricultural pump market for irrigation in the Northwest states. The team is performing in-depth interviews with manufacturers, distributors, installers and end-users in addition to a comprehensive secondary literature review. Topics for the research include awareness of the efficient pump market, technologies, barriers, motivators, and the supply chain.

Independent Electricity System Operator (IESO) – HVAC Non-Residential Market Characterization in Ontario (2023–2024)
Danielle served as the project manager in developing a market characterization of Ontario’s HVAC market actors. Secondary research helped inform the development of five in-depth interview guides to target interviews with 35 market actors including manufacturers, distributors, retailers, designers, and installers. The objective of this research was to ascertain who the market actors are and how they interact, market responses to regulatory or CDM program initiatives, the value and supply chains, and where future initiatives can influence the market.

Enbridge Gas – Small Business Market Characterization in Ontario (2023-2024) Danielle led a market characterization study for small business natural gas customers in Ontario, Canada. Six priority business segments were targeted in seven geographical regions with an online survey instrument that gathered information on building characteristics, business attributes, ownership types, decision-making processes, energy-efficiency awareness, and program participation. Surveys representing nearly 600 locations were completed in addition to service 445
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provider interviews. In addition to data synthesis, reporting, and program opportunity identification, RI created an extensive, interactive dashboard with survey responses enabling data manipulation and discovery.

PacifiCorp – Residential and C&I Portfolio Evaluations (2015–2022) Danielle served as the project manager for a five-state impact and process evaluation for several residential programs (2015-2018) and the nonresidential portfolio (2015-2022). The evaluation included on-site and virtual visits, engineering analysis, billing analysis, a three-state leakage study using store intercepts, net-to-gross analysis, in-depth lighting evaluation, process analysis, and thousands of surveys including program participants, nonparticipants, trade allies, builders, HERs raters, and a general residential population survey. In the most recent evaluation cycle, she led the development of an online dashboard and memo to replace traditional evaluation reports, which was well received by Commission staff.

EfficiencyOne Nova Scotia – HPWH Market Characterization and Natural Market Baseline (2022– 2023)
EfficiencyOne required assistance choosing a suitable measure to perform market transformation in Nova Scotia. Working with the RI Market Transformation team, Danielle led the second phase of the work to develop a natural market baseline and program design recommendations for heat pump water heaters using a general population survey, trade ally interviews, manufacturer and distributor interviews, analysis of sales data, and incorporation of best practices.

Duke Energy – Residential and Business Program Evaluations (2022–Present) Danielle serves as the program evaluation manager for four Duke jurisdictions’ residential HVAC program, including primarily heat pumps and central air conditioners. The process and impact evaluations include participant surveys, trade ally interviews, NTG analysis, TRM engineering analysis, heat pump and air conditioning residential metering study (nearly 140 homes for six months), and AMI analysis for smart thermostats, duct sealing, and attic insulation measures.

Danielle also serves as the project manager and process lead for the residential Water Kits program and EE Education kit programs over the same four jurisdictions which include extensive survey and interview outreach with participants, parents, and teachers. Danielle also leads the process evaluations for two business programs in Duke’s jurisdictions.

Commonwealth Edison (ComEd)/Nicor Gas/People’s Gas – Income Eligible Bill Impacts Analysis, Gas and Electric (2022–2023)
Danielle served as the principal investigator for an income eligible billing analysis between ComEd electric and Nicor and Peoples/Northshore gas companies. Five different weatherization programs over three program years are being analyzed to determine gas and electric savings, as well as bill savings. The second phase of the analysis identifies program design enhancements to encourage greater savings and customer understanding and accessibility.

Northern Indiana Public Service Company (NIPSCO) – Portfolio EM&V (2019–2022) Danielle led the process and impact evaluation for the residential and non-residential portfolio including engineering and metering analysis, billing analysis, TRM review, participant surveys, trade ally interviews, and net-to-gross. Included frequent involvement with the state Oversight Board.

Energy Trust of Oregon – New Buildings Impact Evaluation (2020–2021) 446
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Danielle served as the project manager for 2018 and 2019 New Buildings impact evaluation determining electricity, natural gas, and peak demand savings. This analysis included managing customer site visits during the COVID-19 pandemic.

New York State Energy Research and Development Authority (NYSERDA) – C&I Market Mapping Study
(2019–2020)
Danielle managed a C&I market mapping study to determine measure implementation barriers and solutions, using dozens of stakeholder interviews. With a goal to pinpoint opportunities for collaboration between NSYERDA and New York utilities, Danielle facilitated collaboration and communication between organizations to bolster energy efficient measure adoption. This work included the creation of a “Collaboration Pathways” document to assist program teams in developing strategic workplans.
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Dylan Klomhaus
Advisory Services Lead II

PE, CEM, CMVP
Dylan is a licensed professional engineer (PE) with extensive experience in the design, delivery, and evaluation of Demand Side Management (DSM) programs across North America. Dylan Klomhaus specializes in project management, technical analysis, and performance evaluation for utility and government energy programs. He has led high-impact initiatives for major clients, including Southern California Edison, Duke Energy, and the IESO, delivering actionable insights through rigorous measurement and verification, cost-effectiveness assessments, and emissions impact analysis. With a strong background in stakeholder engagement and regulatory processes, Dylan brings a strategic and data-driven approach to advancing clean energy solutions.

EMPLOYMENT
Advisory Services Lead II, Resource Innovations (2022 - Present) Dylan manages and conducts technical evaluations for Demand Side Management (DSM) programs across North America. He leads measurement and verification (M&V), impact and cost-effectiveness evaluations, and identifies opportunities for program improvement. Dylan serves as the project manager and lead analyst for high-profile initiatives such as Southern California Edison’s Clean Energy Optimization Pilot (CEOP), where he oversees incentive verification, emissions reduction analysis, and grid impact assessments. He is responsible for synthesizing complex data into actionable insights and delivering comprehensive evaluation reports to utility clients, including Duke Energy and the IESO.

Program Engineer, Colorado Energy Office (2019 - 2022)
Dylan supported the design and implementation of energy efficiency and demand response programs for the State of Colorado. He engaged with the Colorado Public Utilities Commission, state legislators, and stakeholders to navigate rulemaking processes and promote clean energy initiatives.

His work involved technical analysis, policy support, and stakeholder management to advance DSM program goals and ensure alignment with state energy objectives.

Energy Solutions Engineer, Xcel Energy (2017 - 2019)
Dylan was involved in the delivery and oversight of utility DSM programs. He provided engineering support for energy efficiency and demand response initiatives, contributing to program design, implementation, and performance tracking. His responsibilities included conducting technical assessments, supporting customer engagement, and ensuring program compliance with regulatory and performance standards.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. Mechanical Engineering – University of Colorado
Professional Engineer (PE) Colorado – 0059460
Certified Energy Manager (CEM) – Association of Energy Engineers Certified Measurement & Verification Professional (CMVP) – Association of Energy Engineers

AREAS OF EXPERTISE
Utility and Government Program Evaluation • Cost Effectiveness Analysis • Measurement and Verification • Technical Energy Audits • Stakeholder Management • Program Design 448
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REPRESENTATIVE PROJECTS
Independent Electricity System Operator (IESO) – Interim Retrofit Program Evaluation (2022 - Present)
For the IESO Small Business Program evaluation, Dylan is the project manager and impact evaluation lead. He has been responsible for overseeing all aspects of the program evaluation, including client management, evaluation planning, data cleaning and sampling, project data collection and analyses, process evaluation, and delivering evaluation results to IESO leadership. He has performed a comprehensive analysis of the evaluated program results to provide actionable and impactful key findings and recommendations to the client, including presentations and written reports.

Duke Energy – Small Business Energy Saver Program Evaluation (2023 - Present) For the Duke Energy Small Business Energy Saver program evaluation, Dylan is the project manager and impact evaluation lead. He is responsible for overseeing all aspects of the program evaluation, including client management, evaluation planning, data cleaning and sampling, project data collection and analyses, process evaluation, and delivering evaluation results to Duke leadership. He has performed a comprehensive analysis of the evaluated program results to provide actionable and impactful key findings and recommendations, including presentations and written reports.

Duke Energy – Commercial Evaluation (2023 – Present)
For the Duke Energy SmartPath program evaluation, Dylan is the project manager and impact evaluation lead. He is responsible for overseeing all aspects of the program evaluation, including client management, evaluation planning, data cleaning and sampling, project data collection and analyses, process evaluation, and delivering evaluation results to Duke leadership. He has performed comprehensive analysis of the evaluated program results to provide actionable and impactful key findings and recommendations to the client, including presentations and written reports.

Southern California Edison – Clean Energy Optimization Pilot (2022 - 2025) For the Southern California Edison Clean Energy Optimization Pilot (CEOP) program evaluation, Dylan has served as the lead for Resource Innovations’ evaluation tasks. He has been responsible for overseeing a range of tasks, including performance payment verification, local grids impact analysis, GHG emissions reduction analysis for facilities and transportation assets, measure life analysis, client management, evaluation planning, and data cleaning. He has also delivered evaluation results to Duke leadership, including presentations and written reports. 449
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Lauren Cinquini
Energy Engineer III
With 10 years of professional experience in energy efficiency and weatherization, Lauren serves as a key contributor to RI Technical Services team. Lauren provides senior engineering support, including as it relates to technical curricula development for field personnel, technical support, standards development and engineering analysis, including data analytics and reporting.

Additionally, Lauren provides technical and program management support to multiple designated state and investor-owned utility programs. Lauren also defines programmatic technical processes for multiple programs under RHA’s administration.

EXPERIENCE
Energy Engineer III, Resource Innovations (2011 - Present) Lauren provides technical support, process design, curriculum development and training for programs. She develops field processes, data collection methods and training curriculum for energy auditing and supports the calculation and documentation of energy savings for measures used in energy efficiency and weatherization programs.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. Mechanical Engineering, California State University, Chico Engineer in Training
California HERS I Alterations, New Construction, RCA Certification California HERS II Certification
HVAC Technician Certification

AREAS OF EXPERTISE
Residential Energy Audits • Pilot Program Implementation • Policy Research & Development • Project Management • Technical Assistance • Data Analytics and Reporting 450
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Anna-Elise Smith
Advisory Services Manager
MPP
Anna-Elise Smith is an Advisory Services Manager in Resource Innovations’ Advisory Services group.

She has expertise in applying econometric and statistical analysis to develop insight and solutions to complex energy issues. Anna-Elise has worked on a variety of projects since joining Resource Innovations and has been responsible for estimating the load impacts and cost-effectiveness of ComEd’s Peak Time Savings program and modelling the peak load impacts, conservation effects, and societal net benefits associated with Elevate Energy’s Hourly Pricing program. Anna-Elise led a team of analysts to conduct benefit-cost analyses for resiliency projects across four Avangrid operating companies in New York, Maine, and Connecticut. Notably, Anna-Elise supported testimony as an expert witness on behalf of United Illuminating in their 2023-2027 Rates Case.

EXPERIENCE
Advisory Services Manager, Resource Innovations (2021 - Present) Anna-Elise focuses on demand-side management program measurement and evaluation, resiliency studies, outage cost estimation, and energy efficiency program evaluation. Anna-Elise has been responsible for estimating the load impacts, cost-effectiveness, process evaluations, greenhouse gas impacts, and performing baseline analysis and benefit-cost analyses. Anna-Elise also manages Resource Innovations’ corporate greenhouse gas inventory and works to reduce the company’s carbon footprint.

MRV Initiatives Associate | Intern, The Climate Registry (2019 - 2021) Anna-Elise led the development of The Climate Implementation Tracker Tool, an automated Excel tool which allows countries to track progress toward various goals comprising their Paris Agreement Nationally Determined Contributions. She facilitated stakeholder engagement of a California-based wastewater working group focused on emissions accounting and sustainability and delivered relevant summary reports. Anna-Elise supported an update to a small-business greenhouse gas accounting guidance standard by integrating best practices and stakeholder feedback.

Research Assistant, The Energy Policy Institute at Chicago (2019 - 2020) Anna-Elise performed data collection, data management, and regression analysis to measure costs associated with the Jones Act.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.A. in Ecology and Evolutionary Biology – University of Colorado Boulder MPP, Energy & Environment – University of Chicago Harris School of Public Policy

AREAS OF EXPERTISE
Net Benefits Studies • DR Impact Evaluation • DR Cost-Effectiveness Studies • Regulatory Support • Baseline Analysis • Process Evaluations • Greenhouse Gas Emissions Accounting • Probability Analysis • Data Management: STATA, R, Python
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REPRESENTATIVE PROJECTS
Lawrence Berkely National Lab (LBNL) – Update to the Interruption Cost Estimate (ICE) Calculator

2.0 (2022 - Present)
This project in collaboration with LBNL aims to update the underlying econometric models to the online ICE calculator, which allows utilities and other users to estimate customer power interruption costs. Anna-Elise has led in the analysis of non-residential surveys for more than 10 participating utilities and compiled reports for each utility with their survey results. Anna-Elise also provided economic research and development to aid in the estimation of non-residential interruption costs.

SMUD – Peak Conserve Evaluation
(2024 - Present)
This project evaluates the load impacts, bill impacts, and levelized cost associated with SMUD’s Peak Conserve program. Peak Conserve is a direct load control AC cycling program, initiated in summer 2023. Anna-Elise managed data, developed matched control groups, and evaluated load impacts and bill impacts associated with program events. Additionally, Anna-Elise utilized programmatic costs to assess the levelized cost of the program.

Duke Energy – My Home Energy Report Impact Evaluations (2023 - Present) This project evaluates the net energy savings associated with receiving behavioral intervention in the form of monthly home energy reports. The evaluation also estimates the impact of the program on participation in energy efficiency offerings within the Duke Energy market. Anna-Elise managed data, developed matched control groups, and evaluated net energy savings and energy efficiency uptake due to HER within the Kentucky and Indiana jurisdictions.

Pacific Gas & Electric and San Diego Gas & Electric – Home Energy Report Early Monitoring and Verification (2024)
The purpose of this project is to provide early measurement and verification of the Home Energy Reports programs administered by PG&E and SDG&E. Anna-Elise calculated electric and natural gas energy savings for calendar years 2021 and 2022.

The British Colombia Hydro and Power Authority (BC Hydro) – Current and Future Demand Side Management Product Roadmap Research (2023)
Anna-Elise led a team of analysts to conduct in-depth research of existing and proposed demand management and flexibility programs administrated by utilities in the U.S. and Canada. The team combed through strategic plans, integrated resource plans, and other documentation to develop utility jurisdiction demand flexibility profiles.

American Family Insurance (AFI) – Ten Year Facilities Decarbonization Roadmap (2023) This project developed a long-term real estate strategy for AFI’s facilities to achieve their carbon neutrality goal. Anna-Elise provided research and recommendations on several options including power purchase agreements, carbon offsets, and onsite solar.

Southern California Gas (SoCal Gas) – Kitchen Management Test-and-Learn (2023) The Kitchen Management Test-and-Learn utilized instrumentation and analysis to detect increases in methane emissions and predict future methane leaks within large-scale kitchens. This project documented and analyzed the outcomes of this effort. Anna-Elise evaluated and summarized equipment surveys, which asked kitchen managers about their experience in the two-year test-andlearn.

AVANGRID – Benefit Cost Analysis of 2023-2026 Resiliency Projects (2021 - 2023) 452
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This project supported Avangrid utilities’ 2023-2026 Resiliency proposals in New York, Maine, and Connecticut by providing benefit-cost analyses (BCAs) of proposed resiliency investments. Anna-Elise led a team of analysts to collect inputs, perform interruption cost modelling, and avoided cost modelling to conduct the BCAs across four utilities simultaneously. Anna-Elise also performed benefitcost analysis of the first two years of United Illuminating’s (UI Connecticut) Distribution Automation Plan. Anna-Elise validated UI’s internal cost-effectiveness tool and provided related recommendations. Anna-Elise responded to regulatory data requests and attended hearings as a supporting witness in UI’s 2023-2027 Rates Case.

United Illuminating (UI) – Comprehensive Benefit Cost Analysis of Resiliency and Reliability Projects (2024 - Present)
This project supported UI in applying the Connecticut Public Utilities Regulatory Authority’s (PURA) Resiliency and Reliability Standards. Anna-Elise led the project to evaluate rate payer affordability for all capital expenditures, benefit cost analysis of incremental resiliency and reliability proposals, and develop supporting testimony. Anna-Elise collaborated closely with UI subject matter experts to collect data, categorize capital expenses, and develop methodology to apply the Standards.

Commonwealth Edison (ComEd) – Residential Time-of-Use Pilot Evaluation (2022 - Present) This project evaluates the load impacts, bill impacts, and customer satisfaction with the time-of-use pilot. Anna-Elise led and conducted the load impacts and process evaluation portions of the project.

Anna-Elise managed three-and-a-half years of AMI data, generated matched control groups, and performed difference-in-difference analysis to identify the impact of the pilot rate on customer load during periods of interest and how electric vehicle ownership affected load impacts. Anna-Elise managed survey data and analyzed customer responses to determine customer habits under the pilot and satisfaction with the pilot. Anna-Elise reported results in a presentation and report.

Commonwealth Edison (ComEd) – Residential Time-of-Use Pilot & Hourly Pricing Evaluation (2023 - 2024)
This project builds on the previous residential time-of-use pilot evaluation. Anna-Elise led the comparison of load impacts across the residential time-of-use pilot and Hourly Pricing program.

Southern California Edison (SCE) – DR Prohibited Resources Verification Audit (2022 - Present) This project randomly samples commercial and industrial customers which attest to having backup generators while enrolled in a demand response program. Anna-Elise assisted in contacting customers to collect generator logs, compiled data and organized it for analysis. Then, to ensure they are not using backup generation during demand response events, Anna-Elise compared their use to prohibited demand response event hours. Anna-Elise reported findings through a report.

Duke Energy Carolinas (DEC) – Power Manager Process Evaluation (2021 - Present) This annual survey evaluation is designed to evaluate DEC Power Manager participants’ awareness of load curtailment events, satisfaction with enrollment incentives, household comfort during events, and retention and referral rates. Anna-Elise performed analysis of post-event and non-event surveys to measure customer response to load curtailment events and overall customer satisfaction with the program. Anna-Elise evaluated responses between two groups of participants: those enrolled in Direct Load Control and those enrolled in the Bring Your Own Thermostat program.

Duke Energy Indiana (DEI) – Power Manager Process Evaluation (2021 - Present) This annual survey evaluation is designed to evaluate DEI Power Manager participants’ awareness of load curtailment events, satisfaction with enrollment incentives, household comfort during events, and retention and referral rates. Anna-Elise performed analysis of post-event and non-event surveys to measure customer response to load curtailment events and overall customer satisfaction with the program.
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California Public Utilities Commission (CPUC) – Demand Response Auction Mechanism Evaluation (2021 - 2023)
This project is designed to evaluate many facets of the Demand Response Auction Mechanism (DRAM), including engagement of new customers and Demand Response Providers (DRPs), competitiveness of bids and offer prices, analyze DRAM seller performance, assess if DRPs met contractual obligations, and evaluate if DRAM resources were reliable when dispatched. Anna-Elise performed independent baseline analysis of demonstrated capacity to estimate accuracy of invoiced demonstrated capacity. Anna-Elise managed and summarized CAISO bid and settlement data to compare demonstrated capacity to contracted capacity, as well as to compare DRAM bids into the day-ahead market and real-time markets. Following the delivery of the DRAM evaluation report, AnnaElise has responded to regulatory data requests and delivered organized and detailed analysis methodology and datasets for stakeholders.

Duke Energy Kentucky (DEK) – Peak Time Rebate Pilot Evaluation (2021 - 2023) This annual study is designed to estimate the impact of DEK’s Peak Time Rebate (PTR) Pilot Program on peak load. Anna-Elise performed propensity score matching of control customers to treated customers, a difference-in-difference analysis to estimate the load impacts for three seasons of the PTR Pilot.

Commonwealth Edison (ComEd) – Peak Time Savings Evaluation (2021 - Present) This annual study is designed to estimate the impact of ComEd’s Peak Time Savings Program on peak load and evaluate the program’s cost effectiveness. In 2021, Anna-Elise performed propensity score matching of control customers to treated customers, a difference-in-difference analysis to estimate the load impacts and helped calculate the program’s cost effectiveness annually. In the following years, Anna-Elise calculated the program’s cost effectiveness.

Pacific Gas and Electric (PG&E) – Universal Audit Tool Evaluation (2021 - 2023) This annual study is designed to estimate the impact of PG&E’s Universal Audit Tool (UAT) on residential electric and gas usage. Anna-Elise performed propensity score matching of control customers to treated customers, a difference-in-difference analysis to estimate the electric and gas savings for customers in their first year after using the UAT. Anna-Elise also used this methodology to estimate peak demand load impacts associated with customers using the UAT.

Southern California Edison (SCE) – Clean Energy Optimization Pilot (2022 - 2023) This project evaluated the energy and greenhouse gas savings associated with SCE’s Clean Energy Optimization Pilot. Anna-Elise supported this project through research on emissions accounting methodology, delivering background and description of several methodologies and emission factor sources.

Vail Resorts – Validation of Energy Efficiency Goals (2022) This project supported Vail Resorts in validation and general consulting on Vail’s net zero greenhouse gas emissions goal. Anna-Elise conducted research and delivered a memorandum on comparable companies’ net zero goals, key performance indicators, and energy efficiency actions. Anna-Elise validated and made recommendations around Vail’s calculation of progress toward their energy efficiency and net zero goal.

Itron – Measurement and Verification Support (2022)
Anna-Elise supported Itron in conducting and reporting on several M&V evaluations while an employee was out on maternity leave. The evaluations focused on demand response evaluations across several utility jurisdictions.

Pacific Gas and Electric (PG&E) – Demand Response Cost Effectiveness Evaluation (2021 - 2022) 454
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This project aimed to provide cost-effectiveness support to PG&E’s 2023-2027 Demand Response Application to the CPUC. Anna-Elise supported avoided cost calculation, sensitivity analysis, and data inputs management.

Pacific Gas and Electric (PG&E) – 8760 Hourly Savings Estimate (2021 - 2022) This project applied findings from the previous study to generate hourly savings. Anna-Elise generated the 8760 hourly savings workbook detailing each hour’s savings for the year and supported drafting methodology for PG&E’s workpaper plan submitted to the CPUC.

Pacific Gas and Electric (PG&E) – Power Analysis (2021 - 2022) This project applied findings from the previous study to guide the Joint Utilities of California in developing their own Universal Audit Tool. Anna-Elise developed a methodology to conduct statistical power analysis on monthly gas and electric savings and developed an interactive workbook to test sample size, savings size, and statistical significance.

Consolidated Edison Company of New York (ConEd) – Innovative Pricing Pilots Power Analysis (2021)
This study was designed to guide ConEd’s Innovative Pricing Pilots’ enrollment strategies, retention efforts, determine the number of pilots which can be tested, and understand the ability to measure the outcome of each pilot. Anna-Elise performed a statistical power analysis of commercial and industrial customers across several locations and pricing pilot structures.

Commonwealth Edison (ComEd) – Elevate Energy Hourly Pricing Evaluation (2021) This project evaluated many facets of Elevate Energy’s Hourly Pricing program including resulting social net benefits, energy conservation generated from participants, peak load impacts on event days, and the program’s effect on market-wide PJM prices. Anna-Elise performed the load impacts analysis, net benefits study and PJM supply curve modelling, and drafted corresponding sections of the resulting report.

Elevate Energy – 8760 Hourly Impacts Study (2021)
This project applied findings from the previous study to observed hourly load to generate hourly impacts that could be used by Elevate Energy to calculate annual greenhouse gas savings. Anna-Elise studied prior years’ work products to deduce how specific program effects were applied to hourly load and recreated several models to apply findings from the 2020 evaluation. She generated the 8760 hourly impacts workbook detailing each hour’s impact for the year and the accompanying report.
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Jorge Zamorano
Project Manager or Energy Manager (Full-time)
Jorge brings hands-on engineering experience with a focus on energy efficiency projects. He supports municipal utilities and school districts with energy audits, inspections, technical documentation, post-installation verification, and incentive processing for large commercial and industrial customers. He also reviews residential and commercial PV solar systems to ensure compliance with electric utility design standards. Jorge has served as the primary point of contact for managing commercial incentive programs and has acted as a direct technical resource in his role as an energy consultant. Known for his strong customer service skills and ability to manage multiple projects simultaneously, he builds lasting client relationships while delivering high-quality results.

EXPERIENCE
Energy Engineer II, Resource Innovations (previously Richard Heath & Associates, Inc.) (2022 - Present)
Jorge supports energy efficiency, maintenance, and school construction projects with technical expertise, fieldwork, and client coordination. He conducts energy audits, site inspections, and post-installation verifications to meet project goals. Jorge works with school districts on Energy and Building Management Systems, overseeing HVAC operations and scheduling work orders. He also provides project management support for HVAC, lighting system commissioning, and solar installations, reviewing electrical, mechanical, and construction drawings for compliance with District standards. Additionally, he evaluates energy-efficient products, troubleshoots systems, and provides field support. Jorge maintains client communication, assists with incentive applications, and ensures quality control, while staying up-to-date with emerging technologies and regulations to enhance project performance and sustainability.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. in Science & Physics, California State University, Fullerton NFPA 70E, Standard for Electrical Safety in the Workplace 456
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Rozina Nalbandian
Project Manager or Energy Manager (Full-time)
Rozina is a skilled engineer with two years of experience supporting energy efficiency projects for municipal utilities and school districts. Her engineering background provides a solid foundation for conducting comprehensive energy audits, recommending efficiency measures, analyzing energy usage, and delivering detailed reports. She is also proficient in preparing technical documentation, performing site inspections, and verifying postinstallation results to ensure project success.

EXPERIENCE
Engineer II, Resource Innovations (previously Richard Heath & Associates, Inc.) (2022 - Present)
Rozina supports school construction, maintenance, and energy efficiency projects through technical analysis, client coordination, and project oversight. She conducts energy audits, performs inspections, analyzes energy use, and verifies post-installation results. Rozina assists with troubleshooting HVAC, lighting, and mechanical systems, reviews energy-efficient products, and ensures program compliance and quality control. She maintains regular client communication, provides project updates, and researches/identifies rebate and incentive opportunities. Rozina also supports billing, develops design standards and RFP documentation, and researches technologies, funding opportunities, and policies to inform energy strategies and optimize project performance.

EDUCATION, CERTIFICATIONS, AND LICENSING
M.S. in Mechanical Engineering with an emphasis in Thermal Fluids and Energy Systems, California State Polytechnic, Pomona
B.S. in Mechanical Engineering with a minor in Mathematics, California State Polytechnic, Pomona

AFFILIATIONS
Tau Beta Pi • Pi Tau Sigma
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Nevin Velasquez
Energy Manager (Full-time)
Nevin is a seasoned mechanical engineer with a strong background in energy efficiency, energy management, and sustainable building practices. He brings extensive experience in conducting comprehensive energy audits, analyzing utility and building performance data, and implementing strategies to optimize energy use across a variety of facilities. Nevin excels at managing projects from pre-construction through close-out, ensuring that sustainability and efficiency goals are met on time and within budget. He is a trusted partner to clients, contributing to all phases of project development including planning, system design, technical review, and cross-disciplinary coordination. His analytical approach and collaborative style make him a valuable asset on projects focused on performance improvement and long-term energy savings.

EXPERIENCE
Energy Engineer I, Resource Innovations (previously Richard Heath & Associates, Inc.) (2023 - Present)
Nevin supports energy efficiency programs by conducting detailed audits for commercial and residential customers to identify savings opportunities. He maintains ongoing communication with clients, provides project updates, and presents audit findings. Nevin ensures program compliance, assists in troubleshooting mechanical and electrical issues, and reviews energyefficient products prior to installation. He also helps clients navigate incentive and rebate programs by reviewing and processing applications. In addition, Nevin supports quality control efforts to ensure project standards are met and conducts research on energy-efficient technologies, equipment, and regulations to inform project planning and implementation.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. in Mechanical Engineering, California State University, Northridge Engineer-in-Training (EIT) Certification, Board for Professional Engineers, Land Surveyors, and Geologists
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Victor Medina
Assistant Project Manager (Full-time)
Victor is a skilled mechanical engineer with a strong foundation in energy efficiency, renewable energy, and systems optimization. He specializes in conducting ASHRAE Level I and II audits to identify energy and water conservation opportunities for municipal utility clients. In addition to analyzing building systems and recommending efficiency measures, Victor troubleshoots electrical and mechanical issues, and reviews product specifications. His technical acumen, attention to detail, and collaborative approach make him a valuable contributor to project planning, coordination, and successful implementation.

EXPERIENCE
Energy Engineer I, Resource Innovations (previously Richard Heath & Associates, Inc.) (2023 - Present)
Victor plays a key role in the planning, execution, and management of energy efficiency projects, supporting cross-functional teams and ensuring high-quality outcomes. He conducts ASHRAE-level audits to identify energy and water conservation opportunities, troubleshoots complex electrical and mechanical systems, and evaluates energy-efficient technologies prior to installation. Victor maintains consistent communication with clients, delivers detailed project updates and reporting, and ensures adherence to program requirements. He also contributes to quality control and compliance efforts, and applies research in energy efficiency, renewable energy, and equipment performance to optimize project results.

Industrial Engineer Intern, DSA Signage (2022 – 2023)
Victor supported process optimization by observing and documenting the construction of various assemblies, recording key components, tools, procedures, and timing. He developed digital work instructions to establish Standard Operating Procedures and conducted time studies to define standard task durations and identify opportunities for efficiency improvements.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. in Mechanical Engineering, California State University, Northridge 459
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Tristan Williams
Assistant Project Manager (Full-time or As-needed)
With a background in electrical engineering, Tristan has over two years of experience supporting energy efficiency projects from initial analysis through implementation. He assists in planning and executing comprehensive energy audits, develops energy savings calculations and payback analyses, and contributes to technical reporting, documentation, and client deliverables. Tristan also collaborates with cross-functional teams to support project coordination, troubleshoot field issues, and apply engineering insights that improve efficiency, timelines, and overall project outcomes.

EXPERIENCE
Energy Engineer I, Resource Innovations (previously Richard Heath & Associates, Inc.) (2023 - Present)
Tristan supports energy efficiency projects from assessment through implementation, contributing technical and project coordination expertise. He conducts detailed energy audits to identify efficiency opportunities, ensures program compliance, and supports engineering analysis of proposed measures. Tristan maintains consistent communication with clients, provides updates and reporting, and assists in resolving mechanical and electrical issues. He also reviews products prior to installation, supports quality control activities, processes rebate applications, and conducts research on emerging technologies, equipment performance, and regulations to inform project decisions and enhance implementation strategies.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. in Electrical Engineering, California State Polytechnic 460
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Andy Valle
Assistant Project Manager (As-needed)
Andy is a skilled engineer specializing in energy efficiency, with extensive experience managing energy audits and implementing tailored solutions to optimize efficiency. He plays a key role in ensuring project compliance and maintaining high-quality deliverables throughout the project lifecycle. Andy is adept at reviewing energy-efficient products, guiding clients through incentive and rebate processes, and leveraging his expertise in energy systems and renewable technologies to drive successful project outcomes. His strong problem-solving skills and commitment to sustainable practices make him a valuable asset.

EXPERIENCE
Energy Engineer I, Resource Innovations (previously Richard Heath & Associates, Inc.) (2023 - Present)
Andy supports energy efficiency projects from start to finish. He conducts comprehensive energy audits to identify opportunities for efficiency improvements and ensures projects align with program compliance and industry standards. Andy regularly communicates with clients, providing updates and presenting findings, while also assisting in troubleshooting electrical and mechanical issues. He evaluates energy-efficient products before reviewing recommendations with clients, guides clients through the incentive and rebate process, and supports quality control efforts to ensure project deliverables are met. Andy conducts research on energy efficiency, equipment, and renewable energy to inform project strategies and ensure optimal outcomes.

EDUCATION, CERTIFICATIONS, AND LICENSING
B.S. in Mechanical Engineering, California State University, Merced 461
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Chelsea Arreola
Energy Energy Engineer I (Full-Time)
Chelsea brings hands-on engineering and project management assistance experience, with a strong foundation in electromechanical engineering, technical calculations, and energy efficiency natural gas related projects. She supports engineering efforts with technical analysis, system design, report writing, and client coordination. Chelsea has collaborated on multiple engineering projects that involved robotics, control systems, finite element analysis, and stress testing. Known for her problem-solving skills and ability to manage multiple responsibilities, she brings both technical expertise and practical experience to support energy efficiency, design, and operations teams.

EXPERIENCE
Energy Engineer I, Resource Innovations (previously Richard Heath & Associates, Inc.) (2024 - Present)
Chelsea progressed from intern to Engineer I at Resource Innovations – Richard Heath & Associates (RHA), where she supported the CoMFI program by conducting energy assessments with a focus on natural gas measures. In this role, she performed on-site evaluations, engaged directly with property owners, and carried out detailed calculations to identify energy efficiency opportunities. She prepared technical reports and presented her findings to property management companies and multifamily building owners, ensuring that results were clearly communicated and actionable. Chelsea also developed and applied Excel-based tools to streamline analysis and reporting, while leveraging RHE’s industry database to support project management, tracking, and documentation.

EDUCATION, CERTIFICATIONS, AND LICENSING
California State Polytechnic University, Pomona | Pomona, CA Bachelor of Science in Engineering, Major: Electromechanical Engineering (Expected December 2024)
Relevant Coursework: Machine Elements, Robotics, Instrumentation & Control Systems, Finite Element Analysis
Technical Skills: C++, Electronic Circuits, SolidWorks, Fusion 360, Excel, Stress Analysis, MATLAB, ANSYS, Microsoft PowerPoint
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Brandon Nakasako
Torrance, CA * [email protected] * (310) 493-3463 Job Number: Mechanical Engineer
Summary of Qualifications:
● Worked on Cal State Fullerton Rover team 2024 on the Science Box team, designed a life detection system.
● Sales skills and amazing customer experience.
● Experience with working in a team environment, also with experience in taking up leadership roles.
● Experience with softwares such as MATLAB, SIMULINK, SOLIDWORKS, and Cardiovascular.
● Experience with using Microsoft in all aspects, from Word, Excel and Outlook.

Chronological Listings of Applicable Experience:

RHA Energy Efficiency Engineer Intern (November 2024 - Present ) ● Quick learning of programs and customer approach.
● Consistently surpassing monthly goals with small team. ● Seen and researched many types of instruments to check for efficiency.

Tokyo Central Customer Service Lead (June 2021 - April 2022) ● Communicated with unsatisfied or curious consumers in a professional way, leaving the situation in a much better state.
● Organized and communicated with a team on what tasks must be completed.

Shift Lead Jersey Mike’s Sub (June 2020 - March 2021)
● Responsibility with arranging the team, so that they were set up for success. ● Increase of sales and good reviews during the time period of employment. ● Built experience with taking charge, but also experience with learning and watching from another.

Education:

Highschool Diploma
North Torrance High School, (Aug 2015 - June 2019)
Bachelor in Mechanical Engineering
California State University Fullerton, (Aug 2019 - Aug 2024) 464
Solar PV & Energy Assessment
Services Proposal – Pricing
Information
Prepared for the City of Banning
Cynthia Rafferty
President
559.573.3551
[email protected]

09.10.2025
resource-innovations.com
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Table of Contents
1 Price Proposal .................................................................................................................... 2 Statement of Confidentiality
Some of the descriptive materials in this proposal are proprietary and confidential information of Resource Innovations and shall not be disclosed or reproduced, in whole or in part, to any third party or used for any purpose other than to evaluate this proposal or otherwise in connection with the resulting contract, without the prior written consent of Resource Innovations. Resource Innovations maintains all ownership rights to this proposal and the information it contains. The information that we consider proprietary or confidential has been identified by marking each page containing such information with the word CONFIDENTIAL. Resource Innovations, in accordance with any applicable rules and regulations, shall be entitled to notification of any request for disclosure, and Resource Innovations reserves the right to take any and all action necessary and appropriate to protect the information from release and maintain its confidentiality. 466
1 Price Proposal

1.1 Pricing Narrative
Resource Innovations (RI) is pleased to provide the City of Banning with a transparent and comprehensive pricing proposal that reflects the staffing, expertise, and resources necessary to complete the services outlined in Section 4 – Scope of Work (in the primary proposal document).

Our pricing approach is designed to provide fair, competitive, and predictable costs while ensuring the highest level of technical quality and project oversight.

Our pricing ensures that all services, engineering, project management, and administrative support are accounted for up front, with no hidden fees. This model provides cost certainty to the City of Banning and Banning Electric while ensuring flexibility to scale services depending on project needs. RI is committed to delivering exceptional value, supported by our experienced engineering staff and proven track record of successful utility and municipal projects.

Our proposed unit hourly pricing is an average estimate based on hourly blended rates developed from our internal fee schedule of professional classifications presented on the Hourly Fee Schedule Table.

Each blended rate incorporates a representative allocation of roles ranging from Energy Engineer Assistants through Director of Engineering based on the typical level of effort required for each task shown on tables below. This approach ensures that costs are proportionate to the complexity and scale of the work, while providing the City with a single, predictable unit rate for each line item.

The total cost by project will be developed based on size and scope by using the tables below and will be proposed by project to Banning Electric Utility. 467
The following table summarizes our estimated average hourly unit rates by scope as requested in RFP:

Line
Item Description Quantity Unit of Measure
Unit Cost
(Blended) Total
1 Roof Mounted Systems 1 Per Hour $164.70 $164.70
2 Ground Mounted Systems 1 Per Hour $180.90 $180.90
3 Parking Cover Mounted Systems 1 Per Hour $171.85 $171.85 4 Other Solar Applications 1 Per Hour $162.20 $162.20
5 Power Quality Assessments 1 Per Hour $191.70 $191.70
6 Engineering Support as Needed 1 Per Hour $144.93 $144.93 Hourly Fee Schedule Table
Role Classifications Rates
Energy Engineer Assistant $103.00
Energy Engineer I $127.00
Energy Engineer II $148.00
Energy Engineer III $177.00
Energy Engineer Manager; Manager $190.00
Professional Engineer $204.00
Director of Engineering; Principal $308.00
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1. Table with % time allocation assumptions used to estimate average hourly cost of Roof Mounted Assessments:

Role Classification Hourly Rate (from
Rates) % Time Allocation Weighted Cost Contribution
Energy Engineer Assistant $103.00 10% $10.30
Energy Engineer I $127.00 15% $19.05
Energy Engineer II $148.00 25% $37.00
Energy Engineer III $177.00 25% $44.25
Energy Engineer Manager $190.00 15% $28.50
Professional Engineer $204.00 5% $10.20
Director of Engineering $308.00 5% $15.40
Blended Rate (Unit Cost) $164.70

2. Table with % time allocation assumptions used to estimate average hourly cost of Ground Mounted Systems Assessments:

Role Classification Hourly Rate (from
Rates) % Time Allocation Weighted Cost Contribution
Energy Engineer Assistant $103.00 5% $5.15
Energy Engineer I $127.00 10% $12.70
Energy Engineer II $148.00 20% $29.60
Energy Engineer III $177.00 25% $44.25
Energy Engineer Manager $190.00 20% $38.00
Professional Engineer $204.00 10% $20.40
Director of Engineering $308.00 10% $30.80
Blended Rate (Unit Cost) $180.90
469

3. Table with % time allocation assumptions used to estimate average hourly cost of Parking Cover Mounted Systems Assessments:

Role Classification Hourly Rate (from
Rates) % Time Allocation Weighted Cost Contribution
Energy Engineer Assistant $103.00 5% $5.15
Energy Engineer I $127.00 15% $19.05
Energy Engineer II $148.00 20% $29.60
Energy Engineer III $177.00 25% $44.25
Energy Engineer Manager $190.00 20% $38.00
Professional Engineer $204.00 10% $20.40
Director of Engineering $308.00 5% $15.40
Blended Rate (Unit Cost) $171.85

4. Table with % time allocation assumptions used to estimate average hourly cost of Other Solar Applications Assessments:

Role Classification Hourly Rate (from
Rates) % Time Allocation Weighted Cost Contribution
Energy Engineer Assistant $103.00 10% $10.30
Energy Engineer I $127.00 20% $25.40
Energy Engineer II $148.00 25% $37.00
Energy Engineer III $177.00 20% $35.40
Energy Engineer Manager $190.00 15% $28.50
Professional Engineer $204.00 5% $10.20
Director of Engineering $308.00 5% $15.40
Blended Rate (Unit Cost) $162.20
470

5. Table with % time allocation assumptions used to estimate average hourly cost of Power Quality Assessments:

Role Classification Hourly Rate (from
Rates) % Time Allocation Weighted Cost Contribution
Energy Engineer Assistant $103.00 5% $5.15
Energy Engineer I $127.00 5% $6.35
Energy Engineer II $148.00 10% $14.80
Energy Engineer III $177.00 20% $35.40
Energy Engineer Manager $190.00 20% $38.00
Professional Engineer $204.00 30% $61.20
Director of Engineering $308.00 10% $30.80
Blended Rate (Unit Cost) $191.70

6. Table with % time allocation assumptions used to estimate average hourly cost of Engineering Support as Needed:

Role Classification Hourly Rate (from
Rates) % Time Allocation Weighted Cost Contribution
Energy Engineer Assistant $103.00 25% $25.75
Energy Engineer I $127.00 25% $31.75
Energy Engineer II $148.00 20% $29.60
Energy Engineer III $177.00 15% $26.55
Energy Engineer Manager $190.00 10% $19.00
Professional Engineer $204.00 3% $6.12
Director of Engineering $308.00 2% $6.16
Blended Rate (Unit Cost) $144.93
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1.2 Staffing Plan
Below you will find a detailed Staffing Plan is provided under separate cover, which includes the following role classifications and hourly rates based on our fee schedule:

Role Classification Hourly Rate Responsibilities
Energy Engineer Assistant $103 Supports field data collection, preliminary calculations, documentation, and
administrative coordination under
supervision of senior staff.

Energy Engineer I $127 Conducts site assessments, prepares baseline energy models, drafts technical
reports, and assists in solar/DER feasibility
evaluations.

Energy Engineer II $148 Performs detailed design reviews, develops simulation models, supports
interconnection analysis, and leads field
audit teams.

Energy Engineer III $177 Senior-level technical engineer responsible for complex system analysis,
oversight of feasibility studies, QA/QC
review of modeling, and preparation of
final recommendations.

Energy Engineer Manager $190 Provides day-to-day project management, staff coordination, schedule
management, and client communications.

Ensures project deliverables meet
technical standards.

Professional Engineer (PE) $204 Licensed engineer responsible for signing/stamping calculations and
reports, ensuring compliance with codes,
472
standards, and regulatory requirements.

Provides oversight for system safety and
interconnection studies.

Director of Engineering $308 Provides executive-level technical oversight, ensures compliance with City
and utility standards, supports
stakeholder engagement, and serves as
escalation point for technical or
contractual matters.

Additional Notes
• Reimbursable Expenses: Travel and mileage will be billed at the IRS-approved rate at the time of service. Direct expenses (e.g., printing, permitting, data collection equipment) will be billed at cost with no markup.
• Flexibility: Staffing allocations will vary depending on project complexity. Resource Innovations will assign the most appropriate mix of engineers, managers, and support staff to optimize costs while ensuring quality.
• Added Value Services: Additional services such as battery storage feasibility assessments, microgrid integration studies, and EV infrastructure planning can be provided at the same rates listed above, with pricing developed based on scope. 473
Cynthia Rafferty
President
559.573.3551
[email protected]
474

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: November 12, 2025
SUBJECT: Consideration of Resolution 2025-156, Adopting the Comprehensive User Fee Study Report Prepared by Matrix Consulting Group and Dated October 2025 and the Adoption of an Updated Master User Fee Schedule for the following City Departments and Fee Groups; Electric Utility, Engineering; Film Permits; Finance; Fire; Parks and Recreation; Planning; Building; Police; Utility Billing; Water & Wastewater; Development Services Surcharges
RECOMMENDATION:

Adopt Resolution 2025-156
BACKGROUND:

City Council approved Resolution 2024-92 on June 11th, 2024 that approved a professional services agreement with Matrix Consulting Group LTD for the Comprehensive User Fee and Impact Fee Study.

This study would provide an update to both the User Fees assessed by the City of Banning for services provided to the public, as well as updates to the Development Impact Fee program. The workshop today will focus on the update to the Comprehensive User Fees.

The previous Comprehensive User Fee study was completed and adopted by City Council with Resolution 2019-113 on December 10, 2019 and Ordinance 1553 adopted on January 14, 2020. Copies of these documents are attached as reference to this staff report. It is necessary to evaluate and complete a comprehensive update every 5-7 years to ensure that user fees are in line with the costs to provide services, as well as the policies of the City Council. A full background of the analysis in available in the Comprehensive User Fee Study Report, attached to this staff report. Below are a sample of work that was completed and recommendations in the report for City Council's consideration.

To create the proposed user fees for services, the consultant performed the following tasks:

Department/Program Staff Interviews
Data Collection
Cost Analysis
Review and Approval of Results with City Staff
The report identified that there is a discrepancy between the cost of services provided and the user fees collected for those services. Banning Municipal Code section 3.26 establishes policy of fee recovery for city services. That policy, as well as the level of assessment for individual fees, is established at City Council’s discretion with input from this report, City staff, and the general public.

A City Council Workshop was held on October 14, 2025 to review the draft report master fee schedule. 475
After the workshop, Council concurred to bring back the study for a public hearing at the November 12th meeting.

Matrix Consulting has made the following recommendations, which are detailed in the report:

Review cost recovery policy (BMC 3.26.080)
Adoption of an annual fee update/increase mechanism
The attached resolution includes direction to adjust fees on an annual basis effective in January 1 of each calendar year based on CPI data from September of the previous calendar year. There is staff time necessary to complete the update of fees once applied though City software platforms and to post the upcoming fee adjustments.

JUSTIFICATION:

The current user fees were established in 2019 and have not been adjusted since that time. It is necessary from time to time to update the user fees to reflect current labor costs and time requirements for City staff to complete tasks and recover costs associated with performing these City functions.

FISCAL IMPACT:

The updated fee schedule will make necessary adjustments in the assessment of user fees to cover staff time to perform certain civic services and recover labor expenses to perform those tasks per Banning Municipal Code section 3.26.

ALTERNATIVES:

Do not approve the Comprehensive User Fee Study and Master Fee Schedule and provide alternate direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. RESOLUTION 2025-156 - Comprehensive User Fee Study and Master Fee Schedule.pdf

2. Reso 2025-156 Exhibit A - Compehensive User Fee Study Report - October 2025.pdf

3. Reso 2025-156 Exhibit B - Banning Master Fee Schedule.pdf

4. PHN User Fee Adoption.pdf

5. Resolution No. 2019-113.pdf

6. Ordinance No. 1553.pdf

7. Resolution No. 2024-092.pdf

8. BMC 3.26 FEE AND SERVICE CHARGE REVENUE-COST COMPARISON.pdf

9. User Fee_affidavit of publication.pdf
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Resolution 2025-156

Page 1 of 6 ends

Banning City CouncilNovember 12, 2025

Banning City Council
November 12, 2025