Agenda packet, regular meeting — Banning City Council, January 13, 2026 (part 2 of 4)

8/23/2022
ID# 19674 11.5
279
9/27/22, 12 35 PM

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

FREE RECORDING
This instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and should Be recorded without a fee pursuant to Govt. Code 6103.

AND WHEN RECORDED MAIL TO:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 MARKET STREET
V RSIDE CA O - 0
Batch 14736788 Confirmation
DOC # 2022-0407886
09/27/2022 08:00 AM Fees: $0.00

Page 1 of 34 ends

Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: BONNIE #821

COOPERATIVE AGREEMENT
Title of Document
PROJECT: West Pershing Channel, Stage 5
PROJECTNO.: 5-0-00150-5
DEVELOPER: Tri Pointe Homes ID-SD, Inc.

SUBDIVISION: Tract Map Nos. 37388 and 37389-1

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION

AGREEMENT RECORDATION FORM
($3.00 Additional Recording Fee Applies)
https://gs.secure-recording.com/Batch/Confirmation/14736788 2801/2

COOPERATIVE AGREEMENT
West Pershing Channel, Stage 5
Project No. 5-0-00150-5
Tract Map Nos. 37388 and 37389-1
244958
AUG 3 0 2022
This Cooperative Agreement ("Agreement"), dated as of _______ _ is entered into by and between, the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT"), the City of Banning, a municipal corporation of the State of California ("CITY"), and Tri Pointe Homes IE-SD, Inc, a California corporation ("DEVELOPER"). DISTRICT, CITY, and DEVELOPER individually referred to herein as "Party" and collectively referred to herein as "Parties". The Parties hereto hereby agree as follows:

RECITALS
A. DEVELOPER is the legal owner of record of certain real property located within the City of Banning ("DEVELOPER PROPERTY"). DEVELOPER has submitted for approval Tract Map Nos. 37388 and 37389-1 located in the city of Banning. Pursuant to the conditions of approval for Tract Map Nos. 37388 and 37389-1 , DEVELOPER must construct certain flood control facilities in order to provide flood protection and drainage for DEVELOPER's planned development; and
B. DISTRICT is the legal owner of record of certain real property located in the city of Banning, within a portion of Tract Map Nos. 37388 and 37389-1 ("DISTRICT PROPERTY"), as identified in Table 1, attached hereto and made part hereof. DISTRICT owns, operates, and maintains the existing West Pershing Channel, Stage 1 as shown on DISTRICT Drawing No. 5-0131 ("Existing Open Channel") within DISTRICT PROPERTY; and C. The legal description of Tract Map Nos. 37388 and 37389-1 is provided in Exhibit "A" attached hereto and made a part hereof; and - 1 -
AUG 3 0 2 2 JI. D 281
244958
D. The required flood control facilities and drainage improvements related to Tract Map Nos. 37388 and 37389-1 are shown on DISTRICT's Drawing No. 5-0243 and shown in concept on Exhibit "B" , attached hereto and made a part hereof, and include the construction of:
(i). Line K ("WEST PERSHING CHANNEL, STAGE 5"), comprised of approximately 4,830 lineal feet of underground reinforced concrete pipe greater than thirty-six inches (36") as shown in concept in "red" on Exhibit "B" and its associated transition structures, will convey flows southerly at its downstream terminus to the existing DISTRICT maintained West Pershing Channel, Stage 2, as shown in concept in "blue" on Exhibit "B" and as shown on District Drawing No. 5-0188; and
(ii). All safety devices requested by DISTRICT staff during the course of project construction and during any final field inspections, including but not limited to concrete pads, slope protection barriers, signage and fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be purchased and installed by DEVELOPER's contractor and subject to DISTRICT's inspection and approval; and
E. Together, WEST PERSHING CHANNEL, STAGE 5 and SAFETY
DEVICES, are hereinafter called "DISTRICT FACILITIES" ; and F. Associated with the construction of DISTRICT FACILITIES, the required facilities includes the construction of certain inlets, junction structures, curbs and gutters, manholes, catch basins and various lateral storm drains within CITY right of way that are thirtysix inches (36") or less in diameter, hereinafter called "CITY FACILITIES". - 2 -
282
244958
G. Together, DISTRICT FACILITIES and CITY FACILITIES are hereinafter called "PROJECT"; and
H. DEVELOPER and CITY desire DISTRICT to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES. Therefore, DISTRICT must review and approve DEVELOPER's plans and specifications for PROJECT and subsequently inspect the construction of DISTRICT FACILITIES; and I. DEVELOPER and CITY desire DISTRICT to coney the fee and easement interest to portions of DISTRICT PROPERTY pursuant to a separate legal instrument ("QUITCLAIM DEED ") to CITY as identified on Table 1 and described and depicted on the legal and plat on Exhibit "E", attached hereto and made a part hereof for the purpose of DEVELOPER converting the Existing Open Channel to an underground facility. DISTRICT desires to convey the fee and easement interest in DISTRICT PROPERTY pursuant to QUITCLAIM DEED; and J. DEVELOPER and DISTRICT desire CITY to accept ownership and responsibility for the operation and maintenance of CITY FACILITIES. Therefore, CITY must review and approve DEVELOPER's plans and specifications for CITY FACILITIES and subsequently inspect and approve the construction of CITY FACILITIES; and K. DISTRICT is willing to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES provided DEVELOPER performs all of the following: (i) complies with this Agreement, (ii) prepares PROJECT plans in accordance with DISTRICT and CITY approved plans and specifications and this Agreement, (iii) constructs PROJECT in accordance with DISTRICT and CITY approved plans and specifications and this Agreement, (iv) obtains and conveys to DISTRICT and CITY the necessary rights of way for the inspection, operation and maintenance of DISTRICT FACILITIES and CITY FACILITIES, and (v) accepts ownership and responsibility for the operation and maintenance of PROJECT - 3 -
283
244958
following completion of PROJECT construction until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES and CITY accepts ownership and responsibility for the operation and maintenance of CITY FACILITIES as set forth herein.

L. CITY is willing to (i) review and approve, in conjunction with DISTRICT, DEVELOPER's plans and specifications for PROJECT, (ii) accept and hold faithful performance and payment bonds submitted by DEVELOPER on behalf of DISTRICT for DISTRICT FACILITIES and CITY for CITY FACILITIES, (iii) inspect the construction of PROJECT, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way, and (v) accept ownership and responsibility for the operation and maintenance of CITY FACILITIES, provided PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
DEVELOPER shall:

1. Prepare PROJECT plans and specifications, hereinafter called "IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and submit to DISTRICT and CITY for their respective review and approval.

2. Continue to pay DISTRICT, within thirty (30) calendar days after receipt of periodic billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to cover DISTRICT's costs associated with (i) the review of IMPROVEMENT PLANS, (ii) the review and approval of rights of way and conveyance - 4 -
284
244958
documents, (iii) the processing and administration of this Agreement, and (iv) construction inspection costs. Additionally, DEVELOPER shall pay CITY, within thirty (30) calendar days after receipt of periodic billings from CITY, any and all such amounts as are deemed reasonably necessary by CITY to cover CITY's costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the review and approval of right of way and conveyance documents, (iii) the processing and administration of this Agreement, and (iv) construction inspection costs.

3. By execution of this Agreement, grant DISTRICT and CITY, the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performing inspection services for the construction of PROJECT as set forth herein.

4. Upon execution of this Agreement, or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map Nos. 37388 and 37389-1 as set forth in Section I.6., or any phase thereof, whichever occurs first, provide CITY with faithful performance and payment bonds in accordance with CITY's municipal code for the estimated cost for construction of DISTRICT FACILITIES as determined by DISTRICT and CITY FACILITIES as determined by CITY. The surety, amount and form of the bonds, shall list CITY as an obligee and shall be subject to approval of DISTRICT (Attention: Contract Services Section) and CITY, respectively. The bonds shall remain in full force and effect until DISTRICT FACILITIES are accepted by DISTRICT as complete and CITY FACILITIES are accepted by CITY as complete.

Both bonds shall be subscribed by an Admitted Surety Insurer, which is authorized to transact surety insurance business in the State of California with a policy holder's rating of "A" or higher and a Financial Class of VII or larger. Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY.
- 5 -
285
244958

5. Upon DISTRJCT's approval of IMPROVEMENT PLANS, deposit with DISTRJCT (Attention: Business Office - Accounts Receivable), and notify Contract Services Section, the estimated cost of providing construction inspection for DISTRJCT FACILITIES, in an amount as determined and approved by DISTRJCT in accordance with County of Riverside Ordinance Nos. 671 and 749, including any amendments thereto, based upon the bonded value of DISTRJCT FACILITIES.

6. Upon DISTRICT's and CITY's approval of IMPROVEMENT PLANS, furnish DISTRICT (Attention: Contract Services Section), with a complete list of all contractors and subcontractors to be performing work on PROJECT, including the corresponding license number and license classification of each. At such time, DEVELOPER shall further identify in writing its designated superintendent for PROJECT construction.

7. Upon DISTRICT's and CITY's approval of IMPROVEMENT PLANS, Furnish DISTRICT (Attention: Contract Services Section), with a construction schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's contractor proposes to carry out the various parts of work, including estimated start and completion dates. As construction of PROJECT progresses, DEVELOPER shall update said construction schedule as requested by DISTRJCT.

8. Upon DISTRJCT's and CITY's approval of IMPROVEMENT PLANS, furnish DISTRJCT (Attention: Contract Services Section), with a confined space entry procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and District Confined Space Procedures, SOM-I 8. The procedure shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to - 6 -
286
244958
Proceed, which shall be given by DISTRICT to DEVELOPER upon DISTRICT's and CITY's approval.

9. Upon DISTRICT's and CITY's approval oflMPROVEMENT PLANS, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT (Attention: Contract Services Section) and CITY. At minimum, the procured insurance coverages should adhere to DISTRICT's required insurance provided in Exhibit "C", attached hereto and made a part hereof. DEVELOPER shall not commence construction until DISTRICT (Attention: Contract Services Section) and CITY have been furnished with original certificate( s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments.

Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to DEVELOPER that DISTRICT is unable to perform its obligations hereunder, nor to accept responsibility for ownership, operation and maintenance of DISTRICT FACILITIES due, either in whole or in part, to said breach of this Agreement.

10. Aside from DISTRICT PROPERTY, which will be obtained in fee pursuant to the QUITCLAIM DEED, secure, at its sole cost and expense, all necessary licenses, agreements, pennits, approvals, rights of way, rights of entry and temporary construction easements as may be needed for the construction, inspection, operation and maintenance of PROJECT.
11 . Upon DISTRICT and CITY approval ofIMPROVEMENT PLANS, or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map Nos. 37388 and 37389-1 or any phase thereof, whichever occurs first, furnish DISTRICT (Attention: Plan Check Section) and CITY with sufficient evidence of DEVELOPER securing the necessary - 7 -
287
244958
licenses, agreements, permits, approvals, rights of way, rights of entry and temporary construction easements, as may be needed for the construction, inspection, operation and maintenance of PROJECT as determined and approved by DISTRICT and CITY.

12. Prior to the start on any portion of PROJECT construction, furnish DISTRICT (Attention: Plan Check Section) and CITY each with a set of final mylar plans of PROJECT and assign their ownership to DISTRICT and CITY respectively prior to the start on any portion of PROJECT construction.

13. After receiving DISTRICT's plan check, administrative, and rights of way clearance for PROJECT construction as set forth in Sections I. 1 through 1.13, notify DISTRICT (Attention: Construction Management Section) and CITY with twenty (20) calendar days written notice of intent to start of construction of PROJECT, and include PROJECT's Geotechnical Firm, Concrete Lab/Test Firm, D-Load test forms, Trench Shoring/False Work Calculations, Concrete Mix designs for DISTRICT's review and approval. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to commence construction of PROJECT. DISTRICT reserves the right to withhold issuance of the Notice to Proceed in accordance with Section IV.3.

14. Prior to commencing construction, furnish DISTRICT (Attention: Plan Check Section) and CITY with copies of all permits, approvals or agreements required by any federal, state or local resource and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such documents include, but are not limited to, those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS"). - 8 -
288
244958

15. Not permit any change to or modification of DISTRICT and CITY approved IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT and CITY.

16. Comply with all Cal/OSHA safety regulations including, but not limited to, regulations concerning confined space and maintain a safe working environment for DEVELOPER, DISTRICT and CITY employees on the site.

17. Upon receipt of DISTRICT's written Notice to Proceed, construct or cause to be constructed, PROJECT at DEVELOPER's sole cost and expense, in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.

18. Within two (2) weeks of completing PROJECT construction, provide DISTRICT (Attention: Construction Management Section) and CITY with written notice that PROJECT construction is substantially complete, and request (i) DISTRICT conduct a final inspection of DISTRICT FACILITIES and (ii) CITY conduct a final inspection of CITY FACILITIES.

19. 20.

21. [INTENTIONALLY DELETED]
[INTENTIONALLY DELETED]
Upon completion of PROJECT construction, accept ownership, sole responsibility and all liability whatsoever for the operation and maintenance of DISTRICT FACILITIES and CITY FACILITIES until such time as (i) DISTRICT accepts ownership and responsibility for operation and maintenance of DISTRICT FACILITIES, and (ii) CITY accepts ownership and responsibility for operation and maintenance of CITY FACILITIES. DISTRICT FACILITIES and CITY FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT and CITY with respect to each entity's facilities. If, subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES or CITY - 9 -
289
244958
FACILITIES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.

22. Upon completion of PROJECT construction but pnor to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT (Attention: Construction Management Section) and CITY, with (i) soil compaction report(s) - stamped and wet signed by the geotechnical engineer, (ii) concrete testing report(s) - stamped and wet signed by the civil engineer ofrecord, and (iii) a redlined "record drawings" copy ofIMPROVEMENT PLANS. After DISTRICT approval of the redlined "record drawings" , DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's original mylars at DISTRICT's office; after which, the engineer shall review, stan1p and sign the original IMPROVEMENT PLANS as "record drawings".
23 . Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable laws and regulations including, but not limited to, all applicable provisions of the Labor Code, Business and Professions Code and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.

24. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered. - 10 -
290
244958

SECTION II
DISTRICT shall:

1. Review IMPROVEMENT PLANS and approve when DISTRICT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT prior to the start of PROJECT construction.

2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS prior to DISTRICT's final approval.

3. Upon execution of this Agreement, record or cause to be recorded a copy ofthis Agreement in the Official Records of the Riverside County Recorder.

4. [INTENTIONALLY DELETED]

5. Endeavor to issue DEVELOPER a Notice to Proceed within twenty (20) calendar days of receipt of DEVELOPER's complete written notice of intent to start of construction of PROJECT as set forth in Section I.13.; however, DISTRICT's construction inspection staff is limited and, therefore, the issuance of a Notice to Proceed is subject to staff availability.

6. Reserve the right to withhold issuance of the Notice to Proceed pursuant to Section IV.3.

7. By execution of this Agreement, grant CITY the right to inspect PROJECT within DISTRICT PROPERTY.

8. Inspect construction of DISTRICT FACILITIES.

9. Keep an accurate accounting and submit periodic mvo1ces to DEVELOPER of all DISTRICT costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the review and approval of right of way and conveyance documents, and (iii) the processing and administration of this Agreement. - 11 -
291
244958

10. Keep an accurate accounting of all DISTRICT construction inspection costs and within forty-five (45) calendar days after DISTRICT acceptance of DISTRICT FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit as set forth in Section 1.5. exceeds such inspection costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) calendar days after DISTRICT acceptance of DISTRICT FACILITIES as being complete.

11. Upon (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) DISTRICT receipt of stamped and signed "record drawing" of IMPROVEMENT PLANS as set forth in Section 1.22, provide DEVELOPER with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLANS.

12. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES, DISTRICT FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.

13. Upon completion of PROJECT construction, and upon acceptance by CITY of all rights of way deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation, and maintenance, convey, or cause to be conveyed to CITY the flood control easement(s) including ingress and egress, in a form approved by DISTRICT, pursuant to a QUITCLAIM DEED as set forth in Recital I. QUITCLAIM DEED shall be in a form approved by both DISTRICT and CITY and shall be executed by all legal and equitable owners of the property described in QUITCLAIM DEED.
- 12 -
292
244958

14. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES upon (i) DISTRICT inspection of DISTRICT FACILITIES in accordance with Section I.18., (ii) DISTRICT acceptance of PROJECT construction as being complete; (iii) DISTRICT receipt of stamped and signed "record drawings" of PROJECT plans as set fort"h in Section I.22., (iv) DISTRICT FACILITIES fully functioning as a flood control drainage system as solely determined by DISTRICT, and (v) DISTRICT's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained condition.

15. Upon DISTRICT acceptance of DISTRICT FACILITIES, provide CITY with a reproducible duplicate copy of "record drawings" of constructed DISTRICT FACILITIES along with a written notice that PROJECT is complete and requesting CITY to release bonds held for DISTRICT FACILITIES upon (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) DISTRICT receipt of stamped and signed "record drawing" of DISTRICT FACILITIES plans as set forth in Section I.22.

SECTION III
CITY shall:

1. Review IMPROVEMENT PLANS and approve when CITY has
determined that such plans meet CITY standards and are found acceptable to CITY prior to the start of PROJECT construction.

2. Accept CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER as set forth in Section 1.4., for the estimated cost for construction of DISTRICT FACILITIES as determined by DISTRICT and of CITY FACILITIES as determined by CITY and hold said bonds as provided in this Agreement. The bonds shall remain in full force and effect until DISTRICT FACILITIES are accepted by DISTRICT and CITY FACILITIES are accepted by CITY as complete. Both bonds shall be subscribed by an - 13 -
293
244958
Admitted Surety Insurer, which is authorized to transact surety insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or larger.

Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY. CITY shall not release said bonds until DISTRICT provides CITY with a reproducible duplicate copy of "record drawings" and written notification as set forth in Section II.15

3. Request DEVELOPER update the construction schedule as deemed necessary.

4. Inspect PROJECT construction.

5. Keep an accurate accounting and submit periodic invoices to DEVELOPER of all CITY costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the review and approval of right of way and conveyance documents, and (iii) the processing and administration of this Agreement.

6. Keep an accurate accounting of all CITY construction inspection costs and within forty-five (45) calendar days after CITY acceptance of CITY FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit as set forth in Section I.5. exceeds such inspection costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) calendar days after DISTRICT acceptance of DISTRICT FACILITIES as being complete.

7. [INTENTIONALLY DELETED]

8. [INTENTIONALLY DELETED]

9. Accept ownership and sole responsibility for the operation and maintenance of CITY FACILITIES upon (i) DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, (ii) CITY's final inspection of CITY FACILITIES, - 14 -
294
244958
and (iii) CITY's sole determination that CITY FACILITIES are in a satisfactorily maintained condition.

10. Release occupancy permits in accordance with the approved conditions of approval for Tract Map Nos. 37388 and 37389-1.

11. Upon DISTRICT and CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portions of DISTRICT FACILITIES are improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.

SECTION IV
It is further mutually agreed:

1. All construction work involved with PROJECT shall be inspected by DEVELOPER, DISTRICT and CITY but shall not be deemed complete until DISTRICT and CITY mutually agree in writing that construction of PROJECT is completed in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.

2. DISTRICT and CITY personnel may observe and inspect all work being done on DISTRICT FACILITIES and CITY FACILITIES but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DEVELOPER's contractor(s) during the construction of PROJECT.

3. If DEVELOPER fails to commence construction of PROJECT within twenty-four (24) consecutive months after execution of this Agreement, then DISTRICT reserves the right to withhold issuance of the Notice to Proceed after this period of time pending a review of the existing site conditions as they exist at the time DEVELOPER provides written notification - 15 -
295
244958
to DISTRICT of the start of construction as set forth in Section I. 13. In the event of a change in the existing site conditions that materially affects PROJECT function or DISTRICT's ability to operate and maintain DISTRICT FACILITIES, DISTRICT may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by DISTRICT.

4. If DEVELOPER fails to complete construction of PROJECT within twelve (12) consecutive months after commencement of construction of PROJECT, it is expressly understood that since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute authority for CITY to perform the remaining work on PROJECT and require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT for any DISTRICT costs incurred. DISTRICT may withhold acceptance for ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES unless and until DEVELOPER performs all obligations under this Agreement.

5. In the event DEVELOPER wishes to expedite issuance of a Notice to Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation of the individual's credentials and experience to DISTRICT for review and, if appropriate, approval. DISTRICT shall review the individual's qualifications and experience, and upon approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be authorized to act on DISTRICT's behalf on all DISTRICT FACILITIES construction and quality control matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section I.3. exceeds Ten Thousand Dollars ($10,000), DISTRICT shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER's initial inspection deposit within forty-five (45) calendar - 16 -
296
244958
days of DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.

6. PROJECT construction work shall be on a five (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT or CITY designated legal holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is necessary to work more than the normal forty (40) hour work week or on DISTRICT or CITY designated legal holidays, DEVELOPER shall make a written request for permission from DISTRICT and CITY to work the additional hours. The request shall be submitted to DISTRICT and CITY at least seventy-two (72) hours prior to the requested additional work hours and state the reasons for the overtime and the specific time frames required. The decision of granting permission for overtime work shall be made by DISTRICT and CITY at their sole discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with County of Riverside Ordinance Nos. 671 and 749, including any amendments thereto.

7. DEVELOPER shall indemnify, defend and hold harmless and reqmre DEVELOPER's construction contractor(s) to identify, defend and hold harmless DISTRICT, the County of Riverside, and CITY (including each of their respective Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) (individually and collectively hereinafter referred to as "Indemnitees") from any liability, action, claim or damage whatsoever, based or asserted upon any acts, omissions, or services of DEVELOPER and DEVELOPER's construction contractor(s), (including their respective officers, employees, subcontractors, agents or representatives) (individually and collectively hereinafter referred to as "Indemnitors") arising - 17 -
297
244958
out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever. DEVELOPER or DEVELOPER's construction contractor(s) shall defend, at its sole expense, all costs and fees, (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards), in any claim or action based upon such alleged acts or omissions. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of the Agreement.

8. With respect to any action or claim subject to indemnification herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of its own choice and may adjust, settle, or compromise any such action or claim only with the prior consent of DISTRICT, the County of Riverside or CITY. Any such adjustment, settlement or compromise shall not in any manner whatsoever limit or circumscribe DEVELOPER's indemnification obligations to Indemnitees as set forth herein.

9. DEVELOPER's and DEVELOPER's construction contractor(s) indemnification obligation hereunder shall be satisfied when DEVELOPER and DEVELOPER's construction contractor(s) has provided to DISTRICT, the County of Riverside and CITY the appropriate form of dismissal relieving DISTRICT, the County of Riverside or CITY from any liability for the action or claim involved.

10. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER's and DEVELOPER's construction contractor(s) obligations to indemnify and hold harmless Indemnitees from third party claims.

11. In the event there is conflict between this section and California Civil Code Section 2782, this section shall be interpreted to comply with California Civil Code Section 2782. - 18 -
298
244958
Such interpretation shall not relieve DEVELOPER and DEVELOPER's construction contractor(s) from indemnifying Indemnitees to the fullest extent allowed by law.

12. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT, the County of Riverside and CITY (including each of their respective Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) from any and all claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a release of DEVELOPER by DISTRICT, County of Riverside, or CITY, (including each of their respective Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of PROJECT by DEVELOPER after the acceptance of PROJECT by DISTRICT or CITY.

13. Any waiver by any Party hereto of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of any Party hereto to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping such Party from enforcement hereof. - 19 -
299
244958

14. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

To DISTRICT:

To CITY:

To DEVELOPER:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contracts Services Section

CITY OF BANNING
99 E. Ramsey Street
Banning, CA 92220
Attn: Nathan Smith
TRI POINTE HOMES IE-SD, INC.
1250 Corona Pointe Court, Suite 600
Corona, CA 92876
Attn: Michael Heishman

15. This Agreement is to be construed in accordance with the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

16. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

17. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
- 20 -
300
244958

18. The provisions of this Agreement are solely for the benefit of the Parties, and not for the benefit of any third party. Accordingly, no third party shall have any right or action based on the provisions of this Agreement.

19. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.

20. No Party shall assign this Agreement without the written consent of all other Parties. Any attempt to delegate or assign any interest herein without written consent of all other Parties shall be deemed void and of no effect.

21. In the event DEVELOPER sells Tract Map Nos. 37388 and 37389-1, DEVELOPER shall notify DISTRICT and CITY of any such transfer or assignment in writing no later than thirty (30) calendar days from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties in this Agreement until DISTRICT, CITY, DEVELOPER and the new owner(s) of Tract Map Nos. 37388 and 37389-1 fully execute an assignment and assumption agreement that transfers all DEVELOPER's rights, duties or obligations in this Agreement to the new owner(s) of Tract Map Nos. 37388 and 37389-1.

22. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement and have been authorized to do so by all boards of directors, legal counsel, and/or any other board, committee or other entity within their respective company(ies) which have the authority to authorize or deny entering into this Agreement.

23. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and - 21 -
301
244958
contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

24. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

II
II
- 22 -
302
244958
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on RECOMMENDED FOR APPROVAL:

APPROVED AS TO FORM:

COUNTY COUNSEL
By~ E ~
Deputy County Counsel

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By 1<~'3~~
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:

KECIA HARPER
Clerk of the Board
By~ rY~W
JTp;ty
(SEAL)
[Signed in Counterpart]
Cooperative Agreement:

West Pershing Channel, Stage 5
Project No. 5-0-00150-5
Tract Map Nos. 37388 and 37389-1
AK:blm
07/25/22
- 23 -
303
PPROVED AS TO FORM:
y~.-a,0>---
SERITA R. YOUNG
Assistant City Attorney
Cooperative Agreement:

West Pershing Channel, Stage 5
Project No. 5-0-00150-5
Tract Map Nos. 37388 and 37389-1
AK:blm
07/25/22

CITY OF BANNING
B~i&dfm

COLLEEN WALLA CE
Mayor Pro Tern
ATTEST:

Bydcru~ S. CAROLINE PAT
Deputy City Clerk
(SEAL)
- 24 -
244958
304
Cooperative Agreement:

West Pershing Channel, Stage 5
Project No. 5-0-00150-5
Tract Map Nos. 37388 and 37389-1
AK:blm
07/25/22
TRI POINTE HOMES IE-SD, INC.,
a California corporation
By~~ CHAEi:c.TA YLO
Division President
244958
(ATTACH NOTARY WITH CAPACITY

STATEMENT)
- 25 -
305

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Riverside
On Augu~l, 2022 before me, Loretta Saginario-Ballou, Notary Public (insert name and title of the officer)
personally appeared Michael C. Taylor
who proved to me on the basis of satisfactory evidence to be the personfst whose namefst is/afe subscribed to the within instrument and acknowledged to me that he/she,4hey executed the same in his/herttheir authorized capacity~, and that by his/herJtheir signaturefst on the instrument the personfst, or the entity upon behalf of which the personfst acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)

INARIO-BALLOU
OTARY PUBLIC· CALIFORNIA .,.

COMMISSION # 2345890 e
. . ~:~~:~!:~:=~~:~~~:.I
306
TABLE 1
County of Riverside DISTRICT
Assessor Parcel Number (APN) Parcel Number
537253033 5150-1
419060008 5150-2
419060008 5150-3A
419020014 (District) 5150-3B
419020013 (District) 5150-3C
408570033 5150-4A
408570033 5150-4B
408570032 5150-5A
408570032 5150-5B

COOPERATIVE AGREEMENT
WEST PERSHING CHANNEL, ST AGE 5
TRACT MAP NO.: 37389-1
PROJECT NO.: 5-0-00150-5
307
Exhibit "A"

LEGAL DESCRIPTION
Real property in the City of Banning, County of Riverside, State of California, described as follows:

LOTS 3, 4, 9 THROUGH 17, 20, 21, 22 AND LETTERED LOTS A THROUGH E AND I THROUGH O OF TRACT NO. 35966, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 473, PAGES 94 THROUGH 107, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 408-570-003 and 408-570-004 and 408-570-009 through 017 and 408-570-020 through 030 308
EXHIBIT "B"

EXISTING

WEST PERSHING CHANNEL,
STAGE 2 - (BLUE)
'i:
~
- ~ i i/ _ _j ii TRACT No. 3738~1
~ I §i TAACl OUNOARY I
------ EXISTING RCB
\
\_)
_ STORM~
/

PERSHING V /

CHANNEL
-fl. / II
~ TRACT N
I li 37389-1
~/ II
ARY
I
JI

HIGHLAND HOME ROAD
I
', r- r T 7 ~STI.iG T T T T T T T I ~STING
,I J_ _J_ _J HOFFER I I I I I I I I GILMAN I' I- I - STREET STREET ,I !i L I
MOUNTAIN All! ESIATES No. 1
!i I I Ii I- ---j

WEST PERSHING CHANNEL,
STAGE 5 (RED)
a: "' 0
0 "' "' ii: ,-..
a: I')
0 d u z
u.i ::;;
c..i ~ ui
=- - STORMDRAINPIPE(UNE'K") HIGHLAND HOMEROAO - TRACTBOUNDARY - - A.P.N. 535·020·004
<VACANT>

FUTURE RESDENTIAL

COOPERATIVE AGREEMENT
WEST PERSHING CHANNEL, ST AGE 5
TRACT MAP NO.: 37389-1
PROJECT NO.: 5-0-00150-5
309
EXHIBIT "C"
DISTRICT's Insurance Requirements is as follows:

Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If CITY has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1 ,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, • covering claims which may arise from or out of DEVELOPER 's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit ofliability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then DEVELOPER shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1 ,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.

D. Professional Liability:

DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the performance of DEVELOPER 's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1 ,000,000 per occurrence and $2,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability Insurance Requirements I Page 1 of 3
310
EXHIBIT "C"
Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1 ), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

E. General Insurance Provisions - All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICT's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The DEVELOPER must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICT's Risk Manager, DEVELOPER 's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c. DEVELOPER shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement Insurance Requirements I Page 2 of 3
311
EXHIBIT "C"
found herein, DEVELOPER shall cause DEVELOPER 's insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement. d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
e. It is understood and agreed by the parties hereto that DEVELOPER 's insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits ofliability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY has become inadequate.
g. DEVELOPER shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.

1. DEVELOPER agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

Insurance Requirements I Page 3 of 3
312
"CJ
0::

QI
E
0 I
"C
C
~
.s:.
0,
I
EXHIBIT "D"
ZONE 5
0 <2.
0 ..,
"Tl
,- l> ,-
C. :,
IC ~
r (/l
Its ... c.,
r -
::,
0 ..,
'./1 -
C
t'J
E
-
c3
0 3
Ill
..,
(/1
-

COOPERATIVE AGREEMENT
WEST PERSHING CHANNEL, STAGE 5
TRACT MAP NOS.: 37388 and 37389-1
PROJECT NO.: 5-0-00150-5
Oak Ln
Wilson St
z
0 ,...
:r
l/)
,...
313
Recording Requested by:

City of Banning
P.O. Box 998
Banning, CA 92220
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, CA 92501
NO FEE (GOV. CODE 6103)
West Pershing Channel, Stage 5 Line K
Project No. 5-0-00150
Tract No. 37389-1
APN: 537-253-033, 419-060-008,
408-671-010 and 408-662-025

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DTT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL
ENTITY OR POLITICAL SUBDIVISION R&T 11922
RCFC Parcel Nos. 5150-1B, 2, 3A,
3B, 3C, 4A, 4B, 5A, 5B and 5C

QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("District"), hereby remise, release and forever quitclaim, the CITY OF BANNING, a public body corporate and politic ("City"), subject to the reservations set forth below, all of its rights, title and interest to that certain real property, situated in the city of Banning, County of Riverside, State of California, described in Exhibits "A" and "C" and shown on Exhibit "B", attached hereto and made a part hereof (“The Property”).

RESERVING THEREFROM unto the District, a perpetual non-exclusive easement for rights to operate and maintain the District's existing underground storm drain facility, shown on District Drawing Nos. 5-0243 and 5-0131, including access, reconstruction, alteration, inspection, repair, and removal of storm drain facilities, together with all necessary appurtenances thereto, thereof, over, under and across The Property, however, that in making any excavation on The Property, the District shall do so in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT,
a body corporate and politic
Date By:

MANUEL PEREZ, Chair
Riverside County Flood Control and Water
Conservation Board of Supervisors
314

STATE OF CALIFORNIA )
)ss

COUNTY OF RIVERSIDE )
On , 2025 before me, , Board Assistant, personally
appeared Manuel Perez, who provided to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument; and that a copy of this paper, document or instrument has been delivered to the chairperson.

I certify under the penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal

KIMBERLY RECTOR
Clerk of the Board of Supervisors
By:

Deputy (Seal)
315

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Lisa Rossi, Human Resources Director
Art Vela, Interim City Manager
MEETING DATE: January 13, 2026
SUBJECT:

Consideration of Resolution 2026-06, Amending the Classification and Compensation Plan, Position Reclassification (Senior Planner) RECOMMENDATION:

Adopt Resolution 2026-06
BACKGROUND:

It is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects budget amendments, organizational structure, and department needs.

Past City Council resolutions have identified the necessity to maintain a current Classification & Compensation Plan that reflects the nature of work and organizational structure, that the plan is updated to reflect both market changes and appropriate compensation for work performed.

JUSTIFICATION:

Proposed changes to the Classification and Compensation plan include:

Community Development Department
Reclassify the Associate Planner (Job Code 3020) Grade T68 to Senior Planner (Job Code 30014) Grade T81. This adjustment reflects the elevated technical demands and expanded scope of the role. As a single-classification position, the Senior Planner will provide critical oversight for the Community Development Department's daily operations, specifically managing high-stakes, complex planning initiatives. This realignment ensures the compensation is commensurate with the advanced analytical expertise and mastery of local, state, and federal regulatory frameworks required for the position.

FISCAL IMPACT:

Fiscal Impact – Funding from General Fund (Community Development Department budget) Position/Range Current Salary Proposed Salary
Proposed Base Wage
Difference
316
Associate Planner
(T68) $100,838.40
Senior Planner
(T81)
$102,750.36
Total Annual Fiscal Impact $1911.96
ALTERNATIVES:

Do not adopt Resolution 2026-06 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Consideration of Resolution 2026-06, .docx

2. Senior Planner. 2021.02.09_Revised.docx
317
Resolution 2026-06

Page 1 of 4 ends

RESOLUTION 2026-06

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

AMENDING THE CLASSIFICATION & COMPENSATION PLAN FOR THE CITY OF BANNING WHEREAS, it is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects the nature of work, organizational structure, or otherwise; and
WHEREAS, changes to job descriptions, job titles, and/or pay ranges require City Council approval.

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

SECTION 1. That the City Council approve the following position control changes to the effective Fiscal Year 2025-2026 classification and compensation plan:

Reclassify Associate Planner (Community Development group) 1 Senior Planner (Community Development group) 1
SECTION 2. The City Council approves the new position of Senior Planner effective Fiscal Year 2025-2026.

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

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

PASSED, APPROVED AND ADOPTED this 13th of January 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon,
Acting Deputy City Clerk
City of Banning
318
Resolution 2026-06

Page 2 of 4 ends

APPROVED AS TO FORM:

John Pinkey, City Attorney
SBEMP
319
Resolution 2026-06

Page 3 of 4 ends

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-06, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Deputy City Clerk
City of Banning, California
320
Resolution 2026-06

Page 4 of 4 ends

Exhibit A
Job Descriptions
321
1 JOB DESCRIPTION
TITLE: Senior Planner JOB CODE: 3050
DEPARTMENT: Community Development FLSA STATUS: Exempt
REPORTS TO: Community Development Director UNION STATUS: Represented SUPERVISES: n/a EFFECTIVE DATE: 06/26/2018
SALARY: T81 REVISED DATE: 01/26/2021

JOB PURPOSE/SUMMARY
Under general direction, performs a variety of senior level professional planning duties associated with the City’s planning function.

PERFORMANCE EXPECTATIONS
 Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization.  Management: Able to independently assess and organize personal work performance while contributing to the overall organization.
 Teamwork: Demonstrates ability and willingness to work collaboratively with a team.  Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.

However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.

CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.

CORE VALUES
 Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
 Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
 Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
 Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.
322
2 ESSENTIAL FUNCTIONS
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.  Oversees the day-to-day activities of the Planning Division of the Community Development Department, with special emphasis on complex planning projects in the City’s redevelopment agency project area.
 Provides information and conducts presentations on proposed complex current and long-range planning projects for the Planning Commission, City Council, Economic Development Committee and Land Development Task force.
 Ensures the orderly development of the community consistent with the City’s General Plan, Development Code and the goals, policies and objectives of the City Council.  Evaluates land use proposals to ensure compliance with City, State and Federal laws and ordinances.  Communicates with developers regarding the development process.  Provides recommendations to developers regarding land use proposals.  Oversees, monitors and directs the office operations of assigned staff, including identifying, developing and implementing new employee and ongoing staff training.  Conducts formal performance evaluation of assigned staff.  Assigns, tracks and reviews work assignments and progress.  Prioritizes and assigns special projects.
 Performs other duties as assigned or required.

KNOWLEDGE:
 Knowledge of applicable City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.  Knowledge of the City’s and the Department’s policies and regulations.  Knowledge of municipal planning trends and concepts.
 Knowledge of statistical analysis and mathematical concepts related to planning.  Knowledge of terminology, symbols, methods and techniques used in planning and map drafting.  Knowledge of the application in which General Plans and Zoning Codes are applied.  Knowledge in the evaluation and analysis of various land use/development applications ABILITY TO:
 Read, understand, interpret, and apply relevant city, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
 Speak clearly and concisely to a wide variety of constituents.  Prepare public hearing staff reports, including visual presentations, and present to Commissions, Boards, and Elected Bodies, such as City Council and the Board of Supervisors.  Assess and prioritize multiple tasks, projects and demands.  Work with deadlines to complete projects and assignments.  Assess, analyze, identify, and implement solutions to complex problems.  Establish and maintain effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning.  Operate a personal computer utilizing a variety of standard and specialized software.

PREFERRED QUALIFICATIONS
A Bachelor’s Degree in Urban Planning, Architecture, Geography, or other related field or related field AND five (5) years of planning and development experience that includes two (2) years of management and/or supervision, OR an equivalent combination of education and experience. A Master’s Degree in Urban Planning, Architecture, Geography is preferred.
323
3 LICENSE AND CERTIFICATION REQUIREMENTS
 Valid Class C California Driver License.
 Successful completion of a pre-employment background check is required.  Member of the American Institute of Certified Planners (AICP)

WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions.

The regular work schedule is generally Monday through Friday, flexible start time, but may include some weekends for special events. May be required to work outside the traditional work schedule. Work is primarily performed in an office which is busy, oriented to public service and subject to occasional work interruptions. Noise level in the work environment is usually quiet while in the office and moderately loud when in the field. Occasional attendance at meetings before or after regular work hours is required.

PHYSICAL REQUIREMENTS
The physical demands described here represent those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this classification, an incumbent is regularly required to use hands and fingers to handle and/or feel. The employee is frequently required to talk, hear, and to sit and reach with hands and arms.

Work is primarily performed in an office environment requiring prolonged sitting or standing; walking, kneeling, crouching, squatting, stooping, and bending; inputting data into a computer terminal; exposure to computer glare, vibrations, and pitch; lifting, carrying, and regularly lift and/or move up to ten (10) pounds, frequently lift and/or move up to twenty-five (25) pounds in weight; use hands to finger, handle or feel; reach with hands and arms and have mobility, vision, hearing, and dexterity levels appropriate to the duties to be performed.

The City of Banning is an equal opportunity employer. All employees and candidates for employment will be recruited, selected, trained, promoted, compensated and, if necessary, disciplined or terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.

While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently.

This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 324

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Art Vela, Interim City Manager
Lisa Rossi, Human Resources Director
MEETING DATE: January 13, 2026
SUBJECT: Consideration of Resolution 2026-08, Amending the Classification and Compensation Plan, Adding a Homeless Services Coordinator RECOMMENDATION:

Adopt Resolution 2026-08
BACKGROUND:

On June 24, 2025 City Council approved Resolution 2025-96 that directs and authorizes the City Manager to defund the positions of Homeless Service Director and Case Manager Specialist.

Additionally, Resolution 2025-96 directs the City Manager to decommission Opportunity Village, which is set to close on January 9, 2026.

The City has identified the need to have a position within the City that will work on various homeless initiatives and activities as described in the attached Homeless Service Coordinator job description.

JUSTIFICATION:

It is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects budget amendments, organizational structure, and City needs.

FISCAL IMPACT:

The proposed salary for the Homeless Services Coordinator (Range G61) is $61,487.48 - $83,185.03.

Funding will be appropriated, as needed, and funded from Fund 001-2210 (General Fund - Police).

Defunding of the Homeless Services Director and Case Manager Specialist provides a savings to the City of approximately $600,000.

ALTERNATIVES:

1. Approve Resolution 2026-08 with modifications

2. Do not approved Resolution 2026-08 and provide alternate direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:
325

1. Resolution 2026-08.docx

2. Resolution 2025-96.pdf

3. Job Description - Homeless Services Coordinator.pdf
326
Resolution 2026-08

Page 1 of 4 ends

RESOLUTION 2026-08

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

AMENDING THE CLASSIFICATION & COMPENSATION PLAN FOR THE CITY OF BANNING,

ADDING A HOMELESS SERVICES COORDINATOR
WHEREAS, it is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects the nature of work, organizational structure, or otherwise; and
WHEREAS, changes to job descriptions, job titles, and/or pay ranges require City Council approval.

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

SECTION 1. That the City Council approve the following position control changes to the effective Fiscal Year 2025-2026 classification and compensation plan:

Add Homeless Services Coordinator (G61) 1.0
SECTION 2. The City Council approves the new position of Homeless Services Coordinator effective Fiscal Year 2025-2026.

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

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

PASSED, APPROVED AND ADOPTED this 13th of January 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon,
Acting Deputy City Clerk
City of Banning
327
Resolution 2026-08

Page 2 of 4 ends

APPROVED AS TO FORM:

John Pinkey, City Attorney
SBEMP
328
Resolution 2026-08

Page 3 of 4 ends

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-08, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Deputy City Clerk
City of Banning, California
329
Resolution 2026-08

Page 4 of 4 ends

Exhibit A
Job Descriptions
330
331
332
333

JOB DESCRIPTION
TITLE: Homeless Services Coordinator JOB CODE: 1121
DEPARTMENT: City Manager FLSA STATUS: Non-Exempt
REPORTS TO: CITY MANAGER UNION STATUS: Represented
SUPERVISES: None EFFECTIVE DATE: 01/13/2026
SALARY: G61 REVISED DATE:

JOB PURPOSE/SUMMARY
Under general supervision, develops and administers the City's homeless policies and programs.

Engages regularly with other City departments in addressing social inequities and works with underserved communities. This position is also responsible for policy and programmatic work, grant administration, as well as in-the-field work with frontline practitioners.

This class is characterized by the responsibility to develop, manage, and coordinate the policies, and programs. Incumbents represent the City or their Department before City Council, City Manager, Commissions, community groups, other City staff and the public.

ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County. However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs.

The City provides competitive salaries, outstanding benefits and professional growth opportunities.

CORE VALUES
▪ Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
▪ Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
▪ Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
▪ Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.
334

PERFORMANCE EXPECTATIONS
• Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization. • Teamwork: Demonstrates ability and willingness to work collaboratively with a team. ▪ Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.

ESSENTIAL FUNCTIONS
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.
▪ Participates in the daily functions, operations, and activities of the City’s homelessness programs. ▪ Develops and delivers street outreach and services, homelessness prevention, and rapid rehousing program options. ▪ Analyzes the social determinants of homelessness to measure the impact of related programs, policies, and to justify funding with measurable results. ▪ Writes and presents information and reports to committees, commissions, the City Council, and other agencies, consultants, groups and nonprofit organizations. ▪ Develops policies, public communications, and designs strategies for outreach and engagement efforts.
▪ Develops public understanding in support of homeless programs by utilizing public input and engagement.
▪ Collaborates with other local businesses, non-profits, and community groups in the coordination and delivery of services for the homeless.
▪ Serves as City liaison on homeless issues to civic groups, community, philanthropic organizations and individuals.
▪ Establishes relationships with neighboring jurisdictions and governmental agencies. ▪ Prepares and monitors project and program budgets and expenditures. ▪ Measures the efficiency and effectiveness of programs. ▪ Ensures compliance with Federal, State, and local housing regulations. ▪ Assists the City of Banning Homeless Advisory Committee. ▪ Completes special projects as requested by the City Manager. ▪ Performs other related duties as assigned.

KNOWLEDGE OF:
▪ Basic knowledge of service provisions to the homeless; working knowledge of social, economic, and political issues relevant to low-income communities; and trends in the field of homelessness and social services.
▪ Homeless services strategies, program administration and resources, including methods for business attraction and retention.
▪ The principles and practices of researching and analyzing the economic feasibility of programs and projects.
▪ Methods of financing homeless projects.
▪ Request for Proposal/Qualification planning, development, administration, evaluation, and contract development.
▪ The principles and practices of grant writing, application, and administration. ▪ The principles of work plan development and implementation. ▪ The functions and relationships between private and public sector groups that serve the homeless populations ; principles and practices of developing and nurturing collaborative partnerships.
▪ The principles, practices and techniques of research and statistical analysis. ▪ The principles and practices of financial forecasting, budget preparation and budget administration.
▪ Federal, state and local policies, laws, rules, and regulations relating to homelessness and financing.
335
▪ Local government organizational structure, functions, and management. ▪ Community outreach, advocacy and public education.
▪ Cycles of poverty and/or homelessness.
▪ City organization, operations, policies and procedures. ▪ Structure, organization and interrelationships of City departments, agencies and related governmental agencies and offices affecting assigned functions. ▪ Current social, political and economic trends and operating problems of municipal government. ▪ City, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives. ▪ Principles of file and records management.
▪ Principles of customer service and assistance.

ABILITY TO:
▪ Planning, organizing and promoting homelessness strategies, programs and related activities. ▪ Researching, analyzing and preparing technical funding proposals, contracts, and financial reports.
▪ Assessing community needs and evaluating programs using outcome data to determine effectiveness of program components and recommending program modifications as necessary. ▪ Researching, analyzing, interpreting and presenting findings on complex data, documents, technical studies, leases, agreements, contracts and other data and documents related to homeless projects and programs.
▪ Administering grant and contract activities to ensure compliance. ▪ Establishing and maintaining cooperative working relationships with City and County officials and private and public entities.
▪ Evaluating and recommending changes to policies, practices, and procedures. ▪ Analyzing problems and identifying alternative solutions, project consequences of proposed actions and implementing recommendations in support of goals. ▪ Interpreting and applying complex federal, state and local policies, laws, rules, and regulations. ▪ Working effectively with business leaders, financial institutions, citizen groups and department managers.
▪ Working effectively in time-sensitive situations to meet deadlines; coordinating multiple projects and complex tasks concurrently.
▪ Exercising sound independent judgment and demonstrating initiative and creativity, with minimal supervision.
▪ Communicating complex material clearly, logically, and concisely, both orally and in writing, including public presentations to large and small audiences. ▪ Read, understand, interpret and apply relevant City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
▪ Take direction and work under general supervision, ability to work effectively under stress and conflict, flexibility to adapt to changing situations, and ability to maintain client confidentiality. ▪ Proven ability to stay organized in administrative functions and meet deadlines. ▪ Proven ability to conduct all interactions in a highly ethical manner, demonstrating a high level of integrity.
▪ To work independently or as part of a team.
▪ Assess and prioritize multiple tasks, projects and/or demands. ▪ Work within deadlines to complete projects and assignments. ▪ Assess, analyze, identify and implement solutions to complex problems. ▪ Establish and maintain effective working relations with co-workers, staff, community partners, vendors, contractors, visitors, the general public and others having business with the City of Banning.
▪ Operate a personal computer utilizing a variety of software applications.

MINIMUM QUALIFICATIONS:

Bachelor's degree in Public Policy, Social Sciences, Public Health, Public Administration, or a related field; and four (4) years of progressively responsible experience in the development, delivery, monitoring, or evaluation of community programs with at least two (2) years of experience working with the homeless ; or 336
an equivalent combination of education, experience and training sufficient to successfully perform the essential duties of the job such as those listed above.

LICENSE AND CERTIFICATION REQUIREMENTS:
• A valid State of California driver’s license is required.

PHYSICAL REQUIREMENTS
Employees work under typical office conditions and the noise level is usually quiet. Employees are regularly required to sit; talk or hear, both in person and by telephone ; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Employee is required to maintain a flexible work schedule in order to provide staff support after normal business hours and weekends, as directed.

This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 337

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: January 13, 2026
SUBJECT: Consideration of Resolution 2026-10, Accepting a donation from Sun Lakes Country Club HOA Bingo Program in the amount of $1,500 RECOMMENDATION:

Adopt Resolution 2026-10
BACKGROUND:

City of Banning Administrative Policy B-27 – Donation to City Funds and Programs/Administration, effective 4/2015 and reviewed on 07/2018, establishes the protocol for acceptance of donations for City programs and services.

Administrative Policy B-27 also establishes the acceptance approval thresholds and per this policy, donations in an amount greater than $1,000 must be approved by the City Council.

The Banning Senior Center and its programming is substantially funded under the Parks and Recreation Budget allocation for the Senior Center within the General Fund and is also supported through donations and fund raising throughout the year.

Sun Lakes Country Club has been a continuous supporter of the Banning Senior Center through their general foundation, each of the specific districts, and their various support groups. The Sun Lakes CC HOA Bingo program has graciously donated $1,500 to the Banning Senior Center this year. The Sun Lakes CC HOA Bingo Program made the donation with the requirement that the funds are used for the Senior Center operations and programming as best determined by the Senior Center staff. After evaluation of programming and center needs, the donation will be used to continue programs and events under the Happiness Campaign. The Happiness Campaign was started at the Banning Senior Center in 2020 to provide additional events and programs for the Senior population during Covid when the seniors were separated even more from families and friends. After the reopening of the Senior Center from the Covid closure, the Happiness Campaign was continued and provides monthly and seasonal programs and events that will positively impact the seniors and enhance the experience of our senior population that call the Banning Senior Center home.

JUSTIFICATION:

Donations such as this directly and positively impact the Parks and Recreation Department and Banning Senior Center, enhance the City’s offerings and aid in the development and improvement of our community.

FISCAL IMPACT:

The acceptance of the donation does not require any matching funding and will allow for continued 338
The acceptance of the donation does not require any matching funding and will allow for continued offerings of social programs under the scope of the Happiness Campaign without use of General Fund allocations.

The donation will be deposited in Account 201-4060-361.41-12. An additional appropriation of $1,500 in account 201-4050-446.36-65 is being requested to cover the expenditures for the Happiness Campaign.

ALTERNATIVES:

None Provided.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CC_Resolution_2026-10___Accepting_a_Donation_from_the_Sun_Lakes_CC_HOA_Bingo_Program (1).docx

2. Policy B-27 - Acceptance of Donations & Completed Donation Form.pdf 339
Resolution 2026-10

Page 1 of 3 ends

RESOLUTION 2026-10

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

ACCEPTING A DONATION TO THE BANNING SENIOR CENTER FROM THE SUN LAKES COUNTRY CLUB HOA BINGO PROGRAM IN THE AMOUNT OF $1.500 WHEREAS, the City of Banning Senior Center supports its citizens by offering programs and services that enhance and provide opportunities for socialization and improved health for its senior population; and
WHEREAS, the Banning Senior Center is substantially supported by a General Fund allocation for FY 2025-26; and
WHEREAS, donations offered for the sole purpose of improving the facility or program offerings of the Banning Senior Center are appreciated and valued; and WHEREAS, Administrative Policy B-27 Donations to City Funds and Programs/Administration, establishes the protocol of acceptance of donations; and WHEREAS, Administrative Policy B-27 – Donations to City Funds and Programs/Administration establishes that donations of greater than $1,000 must be approved by the City of Banning City Council; and
WHEREAS, the Sun Lakes Country Club HOA Bingo Program has offered to donate $1,500 for the support of the Banning Senior Center and its purpose of providing socialization, healthy food and healthy programming for the City’s senior population; and WHEREAS, the best use of the funds for the Banning Senior Center is to continue to provide monthly and seasonal events and programs associated with the Happiness Campaign.

This aligned with the wishes of the Sun Lakes Country Club HOA Bingo Program for the use of the donation for Senior Center programming.

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

SECTION 1. Accepting the donation to the Banning Senior Center from the Sun Lakes Country Club HOA Bingo Program in the amount of $1,500.

SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to donation for the sole purpose of improving and or aiding programming at the Banning Senior Center.

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 13th day of January 2026 340
Resolution 2026-10

Page 2 of 3 ends

Richard Royce, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
341
Resolution 2026-10

Page 3 of 3 ends

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-10, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
342

CITY OF BANNING

ADMINISTRATIVE POLICY
Policy
Subject: Donations to City Funds and Programs/ Administration No. B-27 Reference: Effective: 4/2015 Page No.

Review Date: 1 of 4
7/2018
Attached is Donations to City Funds and Programs/ Administration Policy 343
City of Banning
Donations to City Funds and Programs/Administration
Effective Date: 4/2015
Review Date: 7/2018
Prepared by: Administrative Services
PURPOSE:

The City of Banning recognizes that there are programs administered by the City that residents may wish to support by donating cash, equipment, or materials and supplies. This policy outlines the parameters under which the City will accept a donation and how the funds will be administered and accounted for.
• Provide procedures related to the requirements for acceptance of cash donations. • Ensure that City departments are accountable for proper documentation, administration and activities, in accordance with donor instructions and as a fiduciary custodian of such donations ..

POLICY:

Approval of Donations
Prior to acceptance of cash, equipment, or materials and supplies for any City fund, program or activity, the City Manager or the City Council (as outlined in this policy) must approve acceptance of the donation and establishment of a new trust fund (where required).

Donation Requirements
Donations must reflect positively on the City or its image (e.g., donations from an organization or individual known to promote or permit discriminatory practices or behavior would be unacceptable).

Donations must relate to City approved programs, projects, or activities.

Donations in an amount less than $1,000 will, at the discretion of the City Manager, be placed in an appropriate line item account and fund related to the purpose of the donation. Amounts greater than $1,000 must be approved by the City Council and will be placed in a fiduciary type (then existing or newly created) fund dedicated solely for the purpose of that donation. The City reserves the right to decline any donation with restrictions that would create an undue administrative burden upon the City.

Donation amounts greater than $250 will be acknowledged in writing by the City. Consistent with IRS regulations, non-cash donations will not stipulate a value but will simply provide a description of what was donated. In the latter case, the donor should consult a tax expert, but in any event, is responsible for assigning a value for taxable write off purposes.
344
Donation Submittal Process
A donor may obtain a donation submittal form from the City or simply submit a letter to the City along with the donation amount. The form or letter should indicate for what purpose the donation is made and any restrictions the donor would like placed on the donated funds. The City will provide written acknowledgement of the donation and related restrictions. The acknowledgement will also note how the City will account for the funds.

Maintenance and Monitoring of Donations
Donations which are determined to not require a new fund, but instead are deposited into a fund already established for the purpose the donation was given, will receive the accounting and reporting accorded that particular fund. Any donation set up as its own distinct fund will be handled consistent with government fund accounting. Reporting on that fund will be provided with the annual audited financial statements. Any donor desiring information prior to issuance of the audited financial statements can request, on a quarterly basis, unaudited information by contacting the City Finance Department. 345
City of Banning

DONATION ACCEPTANCE FORM
Per City of Banning Policy gifts, grants, or bequests of less than $1,000 in value may be accepted by the City Manager. Anything $1,000 or above shall be approved by the Banning City Council.

Acceptance of Monetary Gifts, Grants and
Other Revenues from Private Sources
Donor (Entit Name):

Recipient Organization:

Are Funds to be used for a Specific
Purpose?
No □
(General Donation)
Yes □
Amount($):

Acceptance of Non-Monetary Gifts,
_
Grants and
Other Revenues from Private Sources
Type of Item Donated: Purpose:

City Manager's Approval Yes □ No □ Signature: __________ _ City Council Approval
Date: ____________ _
Yes □ No □ Signature: __________ _
Date: ____________ _
'
l=
Sun Lakes Country Club HOA Bingo Program
City of Banning Senior Center
X
If for a Specific Purpose Description is Required: The donation had a stipulation to be used for the Happiness Campaign for Senior Center Programming. $1,500
346

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: January 13, 2026
SUBJECT: Consideration of Resolution 2026-11, Approving Final Parcel Map 38367 and Release the Map for Recordation
RECOMMENDATION:

Adopt Resolution 2026-11
BACKGROUND:

Tentative Parcel Map 38367 was adopted by City Council with Resolution 2022-168 on December 13, 2022. The Final Map subdivides a single 0.70 acre lot into 3 parcels of approximately 0.23 acres each for residential purposes. No street dedications are required as the roadway is at its ultimate dedication.

Separate Conditions of Approval require the installation of driveways and sidewalks along the property frontage to be installed with the construction of the first home.

JUSTIFICATION:

The Final Parcel Map was checked by the City's consulting surveyor and was found to be technically correct and conform to the requirements of the Subdivision Map Act. All Conditions of Approval required to be met prior to the recording have been met. They City Engineer has verified that the final maps are in conformance with the approved Tentative Parcel Map 38367.

FISCAL IMPACT:

There is no direct fiscal impact based on the approval of final maps. However, the recordation of the maps allows for the development of the project which will increase the assessed value of the properties resulting in an increase in property tax revenue. Additionally, the project will generate development impact fee revenues. The City’s cost for processing the project will be offset by processing fees.

ALTERNATIVES:

Do not adopt Resolution 2026-11 and provide staff with additional direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Reso 2026-11 - Parcel Map 38367.docx

2. Reso 2026-11 Exhibit A - Parcel Map 38367.pdf
347

3. CC Resolution No. 2022-168.pdf
348
Resolution 2026-11

Page 1 of 3 ends

RESOLUTION 2026-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 38367; AUTHORIZING STAFF TO SIGN THE FINAL PARCEL MAP; AND RELEASING THE FINAL MAP FOR RECORDATION WHEREAS, Tentative Parcel Map (TPM) No. 38367 was approved by City Council on December 13, 2022 with Resolution 2022-168; and
WHEREAS, Final Parcel Map (PM) No. 38367 will subdivide a single 0.70 acre lot into 3 parcels of approximately 0.23 acres each for residential purposes; and WHEREAS, the PM 38367 has been deemed technically correct and that they conform to the requirements of the Subdivision Map Act and the City Engineer has verified that PM 38367 are in substantial conformance with the approved TPM 38367.

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

SECTION 1. The City Council approves PM 38367, a copy of which is hereby attached as Exhibit “A” and made part of this Resolution.

SECTION 2. The City Council directs the Administrative City Clerk to transmit PM 38367 to the County Recorder of the County of Riverside for recordation.

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 13th day of January, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
349
Resolution 2026-11

Page 2 of 3 ends

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-11, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of January, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
350
Resolution 2026-11

Page 3 of 3 ends

EXHIBIT A
Final Parcel Map 38367
351
352
353
RESOLUTION 2022-168

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF BANNING, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 38367, A SUBDIVISION OF 0.7 ACRES OF REAL PROPERTY LOCATED WESTERLY OF N.16THSTREET, NORTHERLY OF W.

WILLIAMS STREET, AND SOUTHERLY OF W. NICOLET STREET, WITHIN THE LOW DENSITY RESIDENTIAL ( LOR) ZONING DISTRICT ( APN: 538-142-018), AND

MAKING A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15315
WHEREAS, Nasimul Anwar (" Applicant") has applied for a subdivision under Tentative Parcel Map 38367 to subdivide one ( 1) lot in three ( 3) lots for the purposes of creating individual parcels for future single-family residential development ( the "Project"); and
WHEREAS, Title 16 of the Banning Municipal Code and the Subdivision Map Act allow the subdivision of the 0.70-acre lot into three (3) new residential lots within the LowDensity Residential zone subject to the approval of a Tentative Parcel Map; and WHEREAS, on November 2, 2022, the Planning Commission held a noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the Project and at which the Planning Commission considered the Tentative Parcel Map 38367; and
WHEREAS, on December 13, 2022, the City Council held a noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the Project and at which the City Council considered the Tentative Parcel Map 38367; and
WHEREAS, in accordance with the requirements of the California Environmental Quality Act ( CEQA), the Community Development Director analyzed Tentative Parcel Map 38206 and determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act (" CEQA"), pursuant to State CEQA Guidelines Section 15315 (Class 15 - Minor Land Divisions) because the Project consists of the division of property in an urbanized area zoned for residential use into four or fewer parcels; the division is in conformance with the City of Banning General Plan and zoning; no variances or exceptions are required; all services and access to the proposed parcels to local standards are available; the subject parcel was not involved in a division of a larger parcel within the previous 2 years; and the subject parcel does not have an average slope greater than 20 percent; and
WHEREAS, on December 2, 2022, the City gave public notice as required under Government Code Section 66451.3 by advertising in the Record Gazette Newspaper, and mailing notices to all property owners within 300-feet on November 29, 2022, of the project site of the holding of a public hearing for the City Council' s review and recommendation, at which time the project would be considered; and Resolution 2022-168

Page 1 of 7 ends

354

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BANNING HEREBY FINDS AND RESOLVES AS FOLLOWS:

SECTION 1. The Planning Division staff have determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The Project qualifies under the CEQA Guidelines Section 15315 ( Class 15 - Minor Land Divisions) categorical exemption because the Project:
consists of the division of property in an urbanized area zoned for residential use into four or fewer parcels; the division is in conformance with the City of Banning General Plan and zoning; no variances or exceptions are required; all services and access to the proposed parcels to local standards are available; the subject parcel was not involved in a division of a larger parcel within the previous 2 years; and the subject parcel does not have an average slope greater than 20 percent. The Planning Commission has analyzed proposed Tentative Parcel Map 38367 and reviewed the Planning Division's determination of exemption, and based on its own independent judgement, recommends that the City Council concur in staff's determination of exemption under CEQA pursuant to CEQA Guidelines Section 15315. The Project site is currently disturbed and occupied with non-native species and residential improvements. No impact is anticipated to occur upon the Multiple Species Habitat Conservation Plan ( MSHCP).

SECTION 2. An application for a Tentative Parcel Map requires that it meet specific findings in accordance with Title 16 ofthe Banning Municipal Code and Government Code 66473. 5 and 66474. The Planning Commission of the City of Banning does hereby recommend that the City Council of the City of Banning make the following findings and determinations in connection with the approval of the Project:

A. Finding: The proposed map is consistent with the General Plan. The General Plan land use designation for the site is classified as Low Density Residential which allows housing densities from O to 5 dwelling units per acre. The applicant is requesting a subdivision of a vacant single parcel into three new Low-Density Residential (LOR) zoned properties. Lot 1 is proposed to be 9,023 square feet in size; Lot 2 and Lot 3 are each proposed to be 10,335 square. This density level is within the range permitted under the.

General Plan land use designation for this site. One of the primary policies of the Land Use Element of the General Plan is that projects adjacent to existing neighborhoods shall be carefully reviewed to assure that neighborhood character is protected. The proposed Tentative Parcel Map serves to achieve this objective in that the subdivision design is consistent with existing neighborhood housing stock. The proposed Map furthers the objectives and policies of the General Plan and is compatible with the land uses districts within the general vicinity of the Project.

B. Finding: The design or improvement of the proposed subdivision is consistent with the City's General Plan. The proposed subdivision has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on-site improvements, such as streets, utilities, and drainage facilities Resolution 2022- 168

Page 2 of 7 ends

355
have been designed and are conditioned to be constructed in conformance with City standards and consistency with the General Plan.

C. Finding: The site is physically suitable for the type of development. The 0.70-acre site is relatively flat and will be subdivided into three irregular shaped lots that will be compatible in size to other surrounding properties. The proposed project is adjacent to existing residential development and has availability of all services including, streets, water, sewer and electricity. Therefore, the site is physically suitable for this type of development.

D. Finding: The site is physically suitable for the density of development. The General Plan land use designation for the site is classified as Low Density Residential which allows housing densities from O to 5 dwelling units per acre. The applicant is requesting a subdivision of a vacant single parcel into three new Low-Density Residential (LOR) zoned properties. Lot 1 is proposed to be 9,023 square feet in size; Lot 2 and Lot 3 are each proposed to be 10,335 square. This density level is within the range permitted under the General Plan land use designation for this site. The subdivision, as proposed is suitable for the density of development.

E. Finding: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site is currently developed with two existing dwelling unit does not contain any significant vegetation or habitat for wildlife. Per the Multiple Habitat Conservation Plan ( MSHCP), there is no evidence that any endangered, threatened or listed species of plant or animal, or its habitat, is located on the site. There is no evidence that vernal pool complex, similar bodies of water, or conditions suitable for forming such bodies of water exist on the site. The Project incorporates conditions intended to comply with the recommendations of the MSHCP. In addition, this Project has been conditioned to comply with the environmental policies and regulations of the City of Banning and those of all local and regional governmental agencies having jurisdiction over the site.

F. Finding: The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision is in conformance with the City's General Plan, Zoning Ordinance, and Subdivision Ordinance, the construction of all units on the site has been conditioned to comply with all applicable City of Banning ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City's Ordinances relating to Stormwater runoff management and controls. In addition, the design and construction of all improvements for the subdivision have been conditioned to be in conformance with adopted City, street and public works standards. The City's ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of the public health, safety, and welfare.

G. Finding: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. No easements of record or easements established by Resolution 2022- 168

Page 3 of 7 ends

356
judgement of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any other such easements . The Map proposes a private access easement internally to the Project for future residential vehicular and pedestrian access, and is designed to accommodate emergency vehicle ingress and egress. The proposed easement shall be recorded upon Final Map recordation.

SECTION 3. Based on the findings specified above , and all other evidence in the record, the City Council approves the proposed Tentative Parcel Map 38367, to subdivide one 1) lot in three ( 3) lots for the purpose of creating individual parcels for the future development of new single- family residences in the Low- Density Residential District , consistent with the Tentative Map attached hereto as Exhibit " A," and subject to e recommended Conditions of Approval attached hereto as Exhibit " B".

PASSED, APPROVED AND ADOPTED this 13th day of De,; i;, er 2022.

ATTEST:

Caroline Patton, Depu
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young , City Attorney
Richards, Watson & Gershon
Resolution 2022-168

Page 4 of 7 ends

357
CERTIFICATION:

I , Caroline Patton , Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2022- 168 was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 13th day of December 2022 by the following vote , to wit:

AYES: Gonzales, Minjares, Sanchez, and Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2022- 168

Page 5 of 7 ends

Caroline Patton , Dep City Clerk
City of Banning , California1
358
Resolution 2022- 168

Page 6 of 7 ends

Exhibit A
Tentative Parcel Map 38367
359

IN THE CITY OF BANNING, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA

TENTATIVE
PARCEL MAP 38367
N00" 20' 15~ W 159'
II L\ ""'~~\
II ' _! 1
II ~ I ,, •. ' l,o·=- 79:r-,I
II ,,,,. \ 1-, s-----, ,; I
II 10,335 SFT I Ill\ ( 10 °i35 SF!T 1~ \ !:.

I , \ ' e
II g P ARCeil 2 I I:; \ PARCE;_ L 3 \ ~
II -\ I ~ ' ,~
II ¢ \ I I~ [\ \
1 II Q_ '(' , .._ J-\ ho•I" I \ - I I
I
II '<" -..... \ \ I I \ I
I I /
rf' J1z II O --\ I I 1- h-l
J: II ~ \ N00' 20WW ""' f ~ 18: 11 \ ' I
C' i II I , I • \ ~\ is
c, , II \ ' \ ~ - u \ I '~
s::~ -\ ~ \•
llll II \ \ ' '-' \ ~ "'' I/ ~
II \ \ '. \ ' ' "' P'r' K....,
I II I \ t \ \ \ ~ ~ Ql, I \
11 / I q_'('I \ \ } , --, ~'- 2s·
I '<" \ \ ; i '- i\ \ ,,.._ \ \ ,~' I
0 \ \ \ z \ \
I ll: . _:--~ •-:,.~-~-- I_., "'I ...., '\ I . \ /
i ~--=,=,~-== z::::!'"°= r~==;;--~~79=7~=r===-;~-g
ii
N0q" 20' l~tW 79
L -~-.--,,-~-~ ~--"---- 7--;,---
1/N -/ 203' / L,_,,£_ _ y_ _s_ L_ _ __, L_ _ , I 3
Iv ---- 1..L.'\_------+- I BASIS CF BEARING I Noo· 20• 15• w SMH 1, 16TH STREET ll
SCAL[, l •=30'
0 JO' 60"
II! ! If IIf I I ii
DATE: JANUARY 25 , 2022
CIVIL ENGINEER: AHSAN HABIB, P .E.

HABIB AND ASSOCIATES INC.
712 NAPA AVE
REDLANDS, CA 92374
PHONE ( 909) 499 3833
EMAIL: ohson@hobibondossoctotes. com
OWNERS: NASIMUL ANWAR

MARINA KAZANOVA
31216 QUARRY STREET
MENTONE, CA 92359
831- 2868
ASSESSOR' S PARCE NO: 538- 142- 018
LEGAL DESCRIPTION: LOT 1 PAR l PM 216/ 074
PM 32267

CITY OF BANNING, COUNTY OF

RIVERSIDE
AREA: 0. 70 ACRES
EXISTING ZONING & LANO USE: R- 1,
S!NCLE f" AMIL Y RESIDENCE
PROPOSED ZONING & LANO US, R- 1
UTIUTiES:

WATER - C!TY OF BANNING

SEWER - CITY OF BANNING

ELECTRIC - CITY OF BANNING
TELEPHONE: VERIZON
TELEVISION: CABLE
SCHOOL DISTRICT: BANNING UNIFIED SCHOOL DISTRICT
WILSO~ STREET
I
E ~

GEORGE STREET NORTH
I ~
f
SITEI\"\ MCOlET I~ SWEET 8 ~
WllUUMS_
STREET § -·
t. SECTION 8
T. 3S .. R.1E.

INTERSTATE , o

VICINITY MAP
AMENDMENTS SCALE 1 " - 30'
DATE
INOI

DESCRIPTION
u
z
1- 1
U] ~
s
E--< 8 <
r: ,,; ........ .
3 u . s
0 g "'
UJ < q' ~
U] ,-' OJ
t"J C
m =?
oeif'.':i 1 < ©
o:l<ui~ ~~~~
o:) Zj " <
r:"' c::, ::: i ::
i::;;:r,J s
w a.. > <(
j:::: : I:

I- w
z u
w 0::
wl-<(
E
a..

R
360

GRADING PLAN
PARCEL MAP 38367

I II III
I ,; ,::

I II Q_~ I
II ~
II "
rB,(l; II _ fJI
1~ 11
I
I
N00" 20' 15~W 159•
r~'.5' -'~ ~,,. -:--+ c----\ - 1 \
2'
1, ~ 3~ • • 1 ~-=l 1; I'
I"'" \) it- I''{' ~ -
I \ l ~I-\ P.E.>(65 -1...\ ~ ., •
I\' r-, .....

I
i
I I ' ,~
I ,:. I
C:5[ II I ' \
II \ ' -' \ '
U)I II \ \ ' ' ' \ , I\
II \ \ ' z \ , \
I II I \ ~ \ \
11 / I q_~ \ \
II
f I ~ I \ \
I II \ '" \ \ \ -
0 \ \ \
z
L_1_J
SECTION AA
SECTION BB
16TH STREET
I ll: . .::-- t "'3,_ ~-- I__ " I '- cc
I ~~. z=:" f==~~=r~=~====79= '" to ___L -~ o-r--7'--"----,,'-~· ------"-,;' o, WV -~ -, lgl,,_-z.._,.:_ -,____ L_ -- 7'----~
WV \_ ,
I
SMH ( f_ 16Tfl STREET
SCALE• l'= 30'
g
co
VICINl1Y MAP
NORTH f
SECTIONS T JS~ R,IE.

N) SIDEWALK
u
z ,___,
if]
µ:J
E E--<
8 <
r: ,; ,___,
l
u -~ 0
g if] "' : i if] l'-"' .....
t')" ........ t\
J ., m::
9 g;icJ
j <
@) (Ila:
g ~ 1< Z ..
c: i:
qZj "' r:"' o"' :: c eef.
l ] LU
a.. > <(
I:

J ILU z u LU
er:

I-<(
361
Resolution 2022- 168

Page 7 of 7 ends

Exhibit B
Conditions of Approval ( COAs)
362
City of Banning
Community Development Department
Conditions of Approval
PROJECT: Tentative Parcel Map 38367
SUBJECT: Conditions of Approval (City Council Resolution 2022-168) APPLICANT: Anwar Nasimul
LOCATION: 16th St., north of Williams, south of Nicolet (APN 538-142-018)

EXHIBIT B
To City Council Resolutio
All fair share agreements, coven ements
recordation will be subject to revie
include appropriate enforcement
securitized.
subject to
y and will
properly
1 . The project
regulations
ounty and City laws, codes,
hazardous materials.

2. The a · harmless, the City, and/or any
of · i , departments, agencies, and
in i al c aims, demands, lawsuits, writs of
m ings (whether legal, equitable, declaratory,
a · u e), and alternative dispute resolutions
proc , bu o, arbitrations, mediations, and other such
procedu ly "Acti rought against the City, and/or any of its officials, officers, emp 01 e s , agents , departments, agencies, and instrumentalities thereof, that challenge , at c , or seek to modify, set aside , void, or annul, the action of, or any permit or approval i d by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof ( including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law , the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. It is expressly agreed that the City shall have 363
the right to approve , which approval will not be unreasonably withheld, the legal counsel providing the City 's defense , and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.

3. Approval of this entitlement shall not waive compliance with any sections of the Banning Municipal Code (BMC), other applicable City ordinances , in effect at the time of building permit issuance.
4 . Approval of Tentative Parcel Map 38367 shall · od of two (2) years from the date of City Council approval, or Tentative Par al shall become null and void. Additionally , if after commen · · · ued for a
period of one year , the Tentative P The City
Council may, upon a written applica n and for
good cause, grant a one-ti ranting of
an extension, the Commu the Tentative
Parcel Map complies with
5 . A copy of the si
letter of ap
measures s
const
a
nity Development Director's
any applicable mitigation
grading plans, building and
ans submitted for review and

6. Pr ite, or business activity being commenced
th nt s onditions of Approval to the satisfaction of
the lopme

7. Exterior lighting shall be shielded or recessed so that light is contained within the boundaries of the p~ I on which the lighting is located. All lighting shall be directed downward and away from adjoining properties and public rights-of-way.

8. Pursuant to BMC 17.12.130 , chain link fencing is not permitted . The applicant shall install an eight foot (8 ') tall decorative block wall along the West property line. Along the southerly property line, the applicant shall install an eight foot (8") tall decorative block wall with a gate constructed of decorative materials to complement the proposed structure and shall not exceed the height of the wall. Enhanced landscaping shall be installed outside the southern block wall to provide a separation from the residential 364
development to the south. Wrought iron or tubular steel fence may be installed along the north and east property lines.
9 . The design of all lots shall meet the minimum development requirements contained in the City 's Zoning Ordinance for the Low-Density Residential Zoning District. 10 .Applicant shall pay all development fees adopted by the City in effect at the time of issuance of any building permits , which shall include but not be limited to: TUMF, MSHCP, police and fire safety developer fees , water and sewer fees , park land dedication fees, and electric meter installatio fees etc. Project proponent shall provide written evidence to the City that school mit,gatl n fees have been paid or other arrangements acceptable to the Banning Unified Seti ol istrict have been met. 11 . A complete landscape/irrigation pac
by the State of California shall be
prior to issuance of buildin
a.
b. Calcula
c . Calcul
d. La
lrri
licensed
Division
ements:
trate compliance with BMC Title 17
ns and percentages of landscaping in
r setback landscaping.

12. Storage us n removal of toxic substances , solid waste , and flammable liquids shall conform to al p icable federal , state , and local regulations. The Applicant shall maintain all requi d licensing in good order for the duration of Project operations.

Any lapse or revoca · of any required license shall result in the voiding of the Design Review and Conditional Use Permit approvals .

13. The Applicant shall develop and maintain the subject property in accordance with the site plans stamped approved by the City and on file in the Planning Division , the conditions contained herein, and the applicable BMC regulations.

14. A security fence with screening shall protect all construction sites . The fencing and screening shall be maintained at all times to protect pedestrians. All development 365
projects shall submit a construction fencing plan with the construction design plans .

Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

15. Tentative Parcel Map 38367 shall comply with all Conditions of Approval by Planning Commission Resolution No . 2022-19 .
16 . The permittee shall utilize an anti- graffiti coating on trash enclosures and decorative block walls.

17. Please provide the following number of constru documents listed below for the first review of the proposed · ew time will take two weeks on most projects. The appli t the time
plans are submitted for Building & eeded to
obtain information regardin
7) Precise Gra
7) Pio
7)
7)
7)
Flo alculations
nergy tions
Report
rt
Co f Approval Packages
Temporary Fence Plan
Approved Health Department Plans
Energy Commissioning Plan
18 . Electronic plan submittal can be provided by building and safety . Please email CommunityDev@banningca. gov for additional information. 366
19 . All structures shall be designed in accordance with the current version of the California Building Codes , including the California Green Building Standards Code . Design all structures to comply with Seismic Design Category D, basic wind speed should be site specific and determined from ATC at www. atcouncil. org/ windspeed with exposure type " C", and Energy Calculations shall be designed per Climate Zone 10.

20. Prior to issuance of building permits , provide a receipt from the appropriate Unified School District stating that all school fees have been paid. ( Banning Unified School District)

21. Banning Electric does not release electric meters u from all agencies and departments.
22 . Construction projects , requiring tempo a
permit from Banning Electric.
23 . Identify if a new gas meter
service meter .

24. Construction pro
the issuance
electrical
the existing
nd submit fire plans prior to
r submittals.

25. The tion of releasing any Deferral of
De fees have been paid . The
D he deferral not ice is sent to the Riverside
C ss takes two to three weeks. This process
wi t
26 . The Develo er. wner is responsible for the coordination of the final occupancy . The Developer/ Ow er shall request clearances from each department and/ or agency at least two weeks p ·or o requesting a final building inspection from Building and Safety .

Each agency may si e Building and Safety Job Card , or provide agency approved signed documentation , and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

27. A secur ity fence with screening shall protect all construction sites. The fencing and screening shall be ma intained at all times to protect pedestrians . All development projects shall submit a construction fencing plan with the construction design plans .

Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase .
367
28 . On site toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the nonsewer type shall conform to ANSI ZA .3 and on site per NPDS stormwater requ irements.
29 .AII construction materials, which are not used , shall be recycled pursuant to the requirements per the California Green Building Standards Code. Receipts from the recycle company responsible for picking up the materials shall be kept in the construction office. After the construction is collilp ete and before final occupancy , all trash receipts shall be forwarded to the City .

30. Prior to the issuance of Building Pe shall be installed and approved by the responsible agenc ,.,., .. ,, a, v: d by the Riverside County Fire Department.
until the fire hydrants are nstruction
materials shall be placed artment. All
street and access road or emergency
response vehicle roject.

31. Prior to issu ifications , compaction reports ,
afety or to Public Works , as
he NPDES Stormwater Best Management
ce submit copy of the Water Quality
34 . The structure 's s e is to be connected to the public sewer system when provided.

When the public syst is not available , an onsite septic system is to be installed.

Obtain a septic system handout at the permit counter for requirement information .

Percolation test is required with report provided at time of septic system application .

35. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel. The accessible route(s) of travel shall be the most practical direct route. 36 . Demolition of any onsite structures requires the following information or action :
368
a. Submit copies of the property title at permit submittal. b. Provide copy of the hazardous materials survey ( asbestos and lead) for each structure.
c. Contact the City of Banning Building & Safety Department for current abatement and documentation requirements prior to performing demolition.

37. For the removal of fuel storage tanks, or other excavations involving backfill, a compaction shall be filed with the Building & Safety Department. Fuel storage tank removal will require notification of Riverside County Fire, Hazardous Materials and Riverside County Environmental Health Depart e .

39. The City enforces the State of Cali ing Code
disabled access requirements. The ct ( ADA)
standards may differ in so , therefore ,
it is the building owner' s r and comply
accordingly.

40. Building and Saf
City working
de by 4:00 pm. on the previous
I ase contact ( 951) 922- 4820
ith a zip drive of the final approved

42. Pl · · val is v id or a period of 180 days after application date p if he permit is not obtained within that time period the approva x i es nd becomes u I and void. The Building Official may extend the time for action by h applicant for a period of 90 days upon written request by the applicant showing that ct u stances beyond the control of the applicant have prevented action from being taken. I order to renew action on an application after expiration the applicant shall resul: 5 · plans and pay a new plan review fee. 369
Electric Utility

43. The point of connection ( POC) will be at an existing utility pole on E Westward Ave.

The Utility will dictate the required improvements based on the circuit most suitable for distribution delivery. The developer will be required to install primary voltage conduit from the POC to the project site and along the north frontage of the property E Westward Ave).
44 . The Utility will require a single service connection for this building. Future building plans will need to include electric service panel c dule and proposed location . The Utility will require a power quality meter to measu e p er quality at this service .

45. Banning Electric Utility will design th ·
equipment pads and other substruct
utility facilities on the north frontage
conduits within the City's ri
of existing
y existing
46 . The Utility will require are equipment such
as the pad mount , service equipment
etc. The areas/lo rr, ... ,_11"1,T tion and maintenance of the electric equ· e adequate to support safe
delivery of p

47. Th icating an easement for areas of
0 onsite/offsite electric utility

49. The develope · esponsible for cost associated with any relocations of utility poles or supporting app a s due to street improvements, grading or lot line adjustments that might be require

50. Installation of streetlights will be required with any street improvements fronting this site on both E Westward Ave and E Charles St.

51. The site plan did not reflect the location of the four 22,000sqft canopies . Please make sure that the site plan moving forwards provides this information including any requirements for service at those canopies. Please see the following attachments for 370
El_ectric Utility General Commercial Service Requ irements . Please also complete and return the attached New Commercial Service Questionnaire to the Utility.

PUBLIC WORKS/ENGINEERING:

The Department ofPublic Works provides the Conditions ofApproval listed herein for the above-mentioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Engineering Division at (951 ) 922-3130 for compliance with the following conditions .

GENERAL CONDITIONS
52 . The subject property shall substantially confo ved tentative map and specific plan. The City Engineer may ifications to the project plans during the plan check proces revisions
of the Banning Municipal Code. Su d except
upon application for, and approval mpliance
with all applicable procedu
53 . Revisions to the approve eek process;
including , but not limited provement plan
revisions , and si · mpliance with the
Tentative Map , I, shall be administratively
approved thr I consent and approval of the
Developer, th the City Engineer. Changes
that are not cess referenced above and
her · bdivision Map Act , as amended
an C).

54.AI , andards of the City in effect at the time this
pr as a condition of this approval.
55 .A rk P rmit shal er quired prior to commencement of any work within the publi right- f-way. The con ractor working within the public right-of-way shall submit proo o Class " A " State Contractor's License , City of Banning Business License, and t.:· b1rt Insurance .

56. Prior to the issuan any grading , construction , or public works permit by the City , the Applicant shall ol:3 : am any necessary clearances and/or permits from the following agencies . Permits will not be unreasonably withheld if the developer has met all typical standards for a permit and satisfied all relevant conditions of approval for the appropriate permit:

City of Banning Fire Marshall
City of Banning Community Development Department
City of Banning Public Works Department
City of Banning Water/Wastewater Department
City of Banning Electric Department
371
The applicant is responsible for meeting all requirements of permits and/or clearances from the agencies from the non-inclusive list above. When the requirements include approval of approved plans, the applicant shall furnish such proof of approvals when submitting improvement plans to the City. The applicant shall comply with all conditions and mitigation measures and submit copies of all correspondence with the agencies to the Engineering Division. 57 .AII required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist. Registered Professional Landscape Architect or Registered Professional Surveyor in the State of California and submitted to the Public Works Department for review and aR roval.

58. The design of public infrastructure elements rm to the requirements of these Conditions of Approval, City General Pl · nal Master Plans, City of Banning Grading Manual, City of Ba · o andard Specifications for Public Works Construction ( rds and
Specifications at no cost to any the City
Engineer.

59. The design of private grad· way shall
comply with the City of of Banning
Municipal Code, Californi s Control Board
orders, rules, and ractices .

60. The following is a quired by the Public Works
Department. e[\]\;r-ise e City Engineer, plans shall
utilize the mi n 24 "x36" Mylar film. Plans
should be dr / or clarity is desired ( Note:

Th provement plans not listed here
pu s and utility purveyors):
1 "=20' Horizontal
provements and driveway installation on this plan
set
elude water service laterals, meter boxes , and sewer laterals on eparate utility sheet
o In ua private storm drain/infiltration basins on separate drainage she
Retaining Wall Plan ( if any)
Erosion and Sediment Control Plan
1 "=40 ' Horizontal
1"=100 ' Horizontal
Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.

An index map shall be provided on the title sheet of all plan sets showing the overall view of the entire work area.
372
All plans shall be complete, to the satisfaction of the City Engineer , prior to final map recordation and determination of surety estimates .

Reports and Studies
Geotechnical Report
Grading and Pad Certifications and Compaction Report
Final Hydrologic and Hydraulic Report
Engineers Cost Estimates
Permits and Agreements
Permission to Grade and Constructio
City Grading Permit
City Encroachment Permit
Non -Interference Letters
Performance Bonds
Labor and Material Bond
Survey Documents
Final Map
Easement Dedicatio
Corner
Record
61 . The applica · s with existing or proposed
easements . sements shall be shown on
the final ma ere applicable .

62.W
re
to
uch monuments shall be protected or shall be
usiness and Professions Code , Sections 8700

63. All s · g gas , electric , telephone , water , sewer, and cable TV , for n 4 rnr-nund , with easements provided as required, and design d onstructed in ac ordance with City codes and the utility provider.

Telephone , c I , and/or security systems shall be pre-wired.

64. Any existing pub · i rovements , or public improvements not accepted by the City that are damaged construction shall be removed and replaced as determined by the City Engineer or his/her representative .

65.AII precautions shall be taken to prevent washouts , undermining and subsurface ponding, caused by rain or runoff to all surface structures ( curbs, gutters , sidewalks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests , etc . or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work , testing, etc., shall be at the expense of the Applicant.

66. Prior to the release of surety and upon completion of construction , the Applicant shall furnish the City with reproducible record drawings on Mylar film of all improvement 373
plans that were approved by the City Engineer. Each sheet shall be clearly marked As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD files submitted to the City , revised to reflect the " As-Built" conditions

MAPPING AND SURVEY

67. The submittal , approval , and recordation of the map shall be in accordance with the provisions of the State Subdivision Map Act and Title 16 , Subdivisions , of the Banning Municipal Code.
68 . The final map shall have adequate reservations for ublic right of way as well as public and/or private utility easements and abandonmen o xisting utility easements to the satisfaction of the City Engineer. The applicant sha I responsible for contacting all utility providers to establish appropriat easements r u1 d to provide services to each development area .

69. The applicant shall file an Environm n
Constraint Sheet means a duplicate o
Environmental Constra int No es. This sh t shall be file onmental
y Surveyor
simultaneously with the fina & P. and lat:, ONSTRAINT
SHEET in the top margin. Appl" e items i heading labeled Environmental Cons ai ts Notes . ti heet shall contain
the statement:

MATION SHOWN ON THIS

URPOSES DESCRIBING

AND IS NOT INTENDED TO

E IS INFORMATION IS DERIVED

M TS , AND DOES NOT IMPLY THE

IENCY OF THOSE RECORDS OR
OF THIS MAP SHEET.

As requ ·re b t City Engin er, the sheet shall delineate constraints involving, but not limite o, ny of the follo · g that are conditioned by the Advisory Agency:
archaeologic · s1 es , geologic mapping , grading, building , building setback lines , flood hazard zones, ei ic lines and setbacks, fire protection , water availability , and sewage disposal.

70.AII public facilities in uding sewer, water , reclaimed water and drainage shall be located in a public right of way or public utility easement. All final maps shall include appropriate easements per the approved tentative map and as required by the City Engineer. All easements shall meet minimum width and access requirements as mandated by the City or governing agency .
71 . Submit a copy of the title report , closure calculations , and any separate instruments or necessary right-of-way documents to the Engineering Division prior to final map approval.
374

72. The Applicant shall be respons ible for research on private utility lines ( Gas , Edison , Telephone , Cable , Internet, etc.) to ensure there are no conflicts with site development. All existing on-site utility lines that conflict with this project shall be relocated, removed, or sealed to the satisfaction of the City Engineer .

Prior to Issuance of a Grading Permit, Public Works Permit, or Construction Permit 73 . The applicant , at its sole expense, shall obtain all easement acquisitions necessary to implement any portion of condition of this project , including public improvements, offsite grading and construction , offsite street requirements , offsite public utility requirements , storm drain improvements , or any other requirement of these conditions .

74. The applicant shall provide an easement ove d which provides ingress and egress to fire department access dedicat for ingress , egress , and right to inspect otherwise directed b ·

75. The applicant shall offer for dedicati
all public street right-of-way and pu
entitlement documents. Th ·
future acceptance when
installed by the applicant i
undaries ,
th project
open for
map are

76. The applicant sh I Right of Way as
described below nt requirements:
16th S s a LOCAL ROAD for public
street
100% of estimated cost
100% of estimated cost
m tation Bond - In He amount as supplied by the Record Engineer/Land d as approved by the City Engineer
Securities r e public improvements shall be on file with the City Clerk prior to scheduling final map for approval by City Council. Unit prices for bonding estimates shall be those specified or approved by the City Engineer.

Prior to the Issuance of a Building Permit
78 . The applicant shall verify and/or set all property corners , r/w corners , and centerline monuments . Subsequently , the applicant shall cause the surveyor to file the appropriate documents and records to the County of Riverside .

Prior to the Release of Surety

79. Public improvements shall be completed and accepted by City of Banning prior to release of Faithful Performance Bond and Labor and Material Bond for such 375
improvements. Faithfu l Performance Bond for applicable public improvements shall be reduced to 10% once City accepts improvements into maintenance period . Final 10% to serve as the maintenance bond for the 1-year maintenance period .

80. The Applicant shall comply with Assembly Bill 1414 , which was enacted on January 1, 1995 , and amended Section 8771 of the Business and Professions Code of the Land Surveyors Act. Assembly Bill 1414 requires that two (2) corner records be filed when:

Monuments exist that control the location of subdivisions or tracts , streets or highways ; or provides survey control. The monuments are located and referenced by a licensed Land Surveyo efore any streets or highways are reconstructed or relocated . The corne rec rd(s) of the references are filed with the County Surveyor.

Monuments are reset in the surface of the ew construction and a corner record is filed with the Cou t eyor befor re rding of a Certificate of Completion for the project.
81 . Permanent survey monu
practice. A complete set of
Division upon completion
bond.

STREETS AND TRAFF:

82.Any public improv
to the satisfa ·
gineering
numentation
onstruction shall be replaced
e .
vements for LOCAL roadway per
elud ing the following: Sidewalk, Parkway
84 .A u all be restricted to those approved by the
City n o ved plans.
rades s t exceed ten percent unless approved by the City Engineer.

Prior to Recordation

86. The applicant shall p ovide estimates to construct, improve , or finance the proposed public improvements to the City Engineer for review and approval. The estimate shall differentiate between public improvements within the property boundaries of the tentative map, improvements outside the project boundaries and public improvements which abut the boundary of the property to be subdivided . 87 . Applicant shall post a bond with the City of Banning to guarantee the repair of the roads .

Prior to any Certificate of Occupancy (COO)
376

88.AII required public improvements for the project shall be completed , tested, and approved by City of Banning and/or Caltrans to the satisfaction of the City Engineer or their designee.

Prior to Release of Bonds/ Surety

89.Applicant shall make pavement repairs necessary to mitigate the impacts of project construction traffic on all affected existing streets.

Landscaping
90 . The applicant shall plant and maintain trees , shrubs , and ground cover placed in the parkway constructed in connection with the pr · · ccordance with applicable City standards. This includes ensuring that irrigati s are operating properly, the clearing of debris , and regular weed removal

91. The Applicant shall prepare a x ri principles.

Xeriscape" shall mean a combinati es that in
the aggregate reduce the demand fo propriate
low water using plants, no -· · coverage
limited to 25% of the pla iques and
systems . A low water-us uited to our
climate, requiring less wat
92 . An automatic spr' , prior to certificate
of occupancy for ertificates of occupancy are
requested, w· · ter slopes and the interior
collector str ndscape irrigation controller
including re eter and electric meter , and
pla ent Director. Landscaping plans
an i ed by the City Engineer.

93. Landsca a d · rigation pla or parkway improvements shall be submitted for approval an s all be subject to approval by the Community Development Director and City Engin e .

GRADING AND DRA

94. The project grading tlall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained for the release of concentrated or diverted storm flows. The project shall accept and convey storm flows from the adjacent property within the property boundaries, or within drainage devices and easements obtained by the applicant.

95. The applicant shall comply with Title 18 of the Banning Municipal Code " Grading , Erosion , and Sediment Control", the City of Banning Grading Manual , California Building Code related to excavation and grading , and State Water Resources Control Board orders , rules , and regulations.
377

96. Grading work shall be balanced on-site , wherever possible . If export is required as a result of the final grading plan , then measures will be taken to be in compliance with the applicable City of Banning Ordinances at time of final grading plan approval.

97. Rough grading plans shall include perimeter walls with top of wall and top of footing elevations shown. All footings shall have a minimum of 1-foot of cover , and/or sufficient cover to clear any obstructions. The Applicant shall submit design calculations and obtain permits for all perimeter and retaining walls from the Building and Safety Department.

98. The applicant shall comply with Chapter 13 .24 "Stormwater Management Systems" of the Banning Municipal Code.

99. The applicant shall submit a Drainage Study ogic and hydraulic analysis for developed and undeveloped ( exist' con Engineering Division for review and approval. The study an · · · engineer
licensed by the State of California. nee with
Banning Master Drainage Plan adop nd Water
Conservation District (RCF lans and
specifications. The 10-yea urbs, and
the 100-year storm shall b this criteria
is exceeded , additional dra ucted.
100 . The proposed esIgne such that drainage
facilities will main ff rates presently exiting all
Project boun · n basins to reduce the storm
water flows t r to their discharge to areas
located dow e designed to retain the 100-
year maximum draw down time of 72
h
101. A gra · ng permi shall 15 obtained rom the Public Works Department prior to the e t any gradin w rk.
102 . Detaile ra ing plans shall be prepared and approved by the City prior to any onsite grading fo tti roject. 103. Prepare an e si control plan that provides the developed phases with the required flood prote tifjn. Flood protection shall be determined by the size of the undeveloped areas and the flow patterns .
104. A soils report and geotechnical study shall be submitted in conjunction with the grading plan with further analyses of on-site soil conditions and appropriate measures to control erosion and dust. Any issues or recommendations provided in the report shall be addressed to the satisfaction of the City Engineer. The responsible geotechnical engineer shall sign and stamp all grading plans indicating the plan complies with the recommendations of the comprehensive soils and geotechnical report.

Prior to the Issuance of a Building Permit
378
105 . A precise grading plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained prior to commencement of any grading activity.
106 . The applicant shall provide a lot pad certification. The pad certification shall include an elevation and compaction certification. The elevation certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall list the pad elevation as shown on the approved grading plan , the actual pad elevation and the difference between the two , if any. The compaction certification shall list the relative compaction of the pad soil and shall be certified by a licensed geotechnical engineer.

Prior to Recordation of a Final Map
107. A Grading Plan and Erosion Control Plan sha
for review and approval.

POTABLE WATER IMPROVEMENTS
108. All public potable water improve
Standards and Specifications , Stand
current edition , or as othe ·
109. All private potable wa
Banning
nstruction,
California Building ia Fire Code , latest
editions . All privat I w d by the Building and
Safety Departme
110. All privat ed and approved by the City
Fire Marshall
111. · of way . Where public right of way
is e hts to the City of Banning covering
for the project.
112 . ubmitted, on separate sheets within the
pr ter service connection sizes and locations.

Wat ins City of Banning Standard W-4 with dual water
potable an ire service.
113. Separate m ters are required for each unit , and each meter requires an ind ividual connection to th exi ting water main. Meter boxes shall be located outside the driveway easement i r he 3 units.

Prior to Recordation of a Final Map
114. Prior to recordation of the final tract map , improvement plans for water facilities shall be prepared by a Licensed Engineer and submitted for review and approval by the City Engineer. All proposed new water laterals shall connect into the City's water supply and be designed and constructed to City Standards .

SEWER IMPROVEMENTS
379
115. All public sewer improvements shall be constructed per City of Banning Standards and Specifications , Standard Specifications for Public Works Construction , current edition, or as otherwise approved in writing by the City Engineer. 116. Applicant shall install facilities within public rights of way. Where public right of way is not available , applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project. 117. Submit Sewer Improvement Plans included on the Precise Grading Plan utility sheet. to the City Engineer for review and approval. The proposed new sewer laterals shall connect into the City' s sewer system .
118 . Each residential unit shall have its own sewe eral and shall be PVC SOR 26. 119 . A sewer check valve shall be provided for each ui ding with a finish pad elevation lower than the rim elevation of the immediate up- stre ewer manhole . 120. Any pad with an elevation lower th n t
shall require a backwater valve.

Prior to Recordation of a Fina
121. Prior to recordation of th t plans for sewer
facilities shall be · al and shall be
substantially com ineer.

TRASH/ RE FU

SOLID WAS
122. ingle- family units shall subscribe to
Ci a , Collection Services per Banning
M lection and Disposal". Information on the
ing website and made available at the
ca/ bannin / codes/ code of ordinances .
123. Building Standards Code section code 5.408.

Construction olition wastes must be recycled and or salvaged for a reuse minimum of onhazardous construction demolition waste materials . All projects require con uction waste reduction, disposal and recycling services that comply with the 2019 California Green Building Standards Code ( CALGreen) as described in the Non- Residential ( 5.408).
124 . Applicants are required to use the City' s exclusive franchise hauler unless otherwise approved in writing by the Public Works Department. 125. Applicants are encouraged to review the referenced sections in the 2019 California Green Building Standard Code: https :// calgreenenergyservices . com/ wp/ wpcontent/ uploads/ 2019 california green code. pdf. 380
126 . Applicants shall submit a Construction and Demolition Waste Diversion Plan to the City's Solid Waste Program Coordinator ( SWPC) prior to commencement of construction or demolition. Contact the SWPC at jgrunewald@banningca .gov or 951.922.3193 for further details and to obtain a plan template. 127. Applicants shall submit a Construction and Demolition Waste Diversion Reporting Form to the City's Solid Waste Program Coordinator upon completion of the project to obtain diversion approval prior to final sign-off. Contact the SWPC at jgrunewald@banningca. gov or 951.922.3193 for further details and to obtain a report form template.

FEES
128 . All fees must be paid in full at the thresholds i 129. Evidence of paid fees to agencies outside the Ci o Banning is required prior to the issuance of any applicable permit.
130. Plan check fees for professional re
shall be paid at the time of submittal of
schedule in effect at the time of the subm1 a
131. Public Works Ins ·
accordance with t
132. Public W0
accordan
of any permits in
scheduling.
e issuance of any permits in
f scheduling.
133. ter installation charges shall be paid in
a at that time.
134. fee e on a combination of quantity and quality of
sew paid ermit issuance.
135. Devel ct Fees shall be paid in accordance with the fee schedule in effect at the fees are paid.
136. A plan storage i e hall be paid for any engineering plans that may be ·required prior to issuance of certificate of occupancy in accordance with the fee schedule in effect at the time the fee is paid.

FIRE DEPARTMENT
With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards:
381
137. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water system shall be submitted to the fire department for review and approval. The water system shall be capable of delivering the required fire flow. Fire hydrant(s) location and spacing shall comply with the fire code. An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2019 California Fire Code ( CFC) 507 .5.1, 3312, Appendices Band C.
138 . Fire Department Access: Prior to building permit issuance, provide a site plan showing the fire lanes. Access roads shall be provided to within 150 feet to all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet. The construction of the access roads sl:ia be all weather and capable of sustaining 40,000 lbs. over two axles for areas of r si ntial development and 60,000 lbs . over two axels for commercial developments. mved vehicle access, either permanent or temporary, shall be provided during co st ction Ref. CFC 503.1.1, 3310.1 and 503.2.1
139. Fire Department Access Ease nee, the
developer shall cause pre · red by a
licensed surveyor or civil sement for
residential access and pu sement shall
be dedicated in f f e. The easement
documents shall e of good repair in
perpetuity .

Easement doc
of the Fire Ma
140.
for rm uired.
f the City Engineer and Office
signs/devices on fire apparatus
by the Office of the Fire Marshal.

Submittal to the Office of the Fire Marshal
142. Constr io Permits Fire Department Review : Submittal of construction plans to the Office o t Fire Marshal for development, construction, installation, and itting will be required. Final fire and life safety conditions will be addressed when t O ice of the Fire Marshal reviews these plans. These conditions will be based on oc upancy, use, California Building Code ( CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 143. Fire Sprinkler System: Approved automatic sprinkler systems shall be provided throughout all new buildings and structures. Automatic fire sprinklers shall be installed per the requirements set forth in CFC Sections 903 .2.1 through 903.2.18 Exception: New non-residential occupancies, buildings or structures that do not exceed 350 square feet of building area and contain no plumbing fixtures . 382
144. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72
145. Gate Access shall be Prohibited: No gates are allowed that may block, impede, or deny access to the common driveway, as shown on the Final Parcel Map . A note to this effect shall be placed on the Final Parcel Map.
146. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01 147. Deferred Submittals:

Fire Suppression Systems
Fire Alarm System
CO2 Enrichment Systems
Pre-Fixed Suppression Syst
383

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Lisa Rossi, Human Resources Director
Art Vela, Interim City Manager
MEETING DATE: January 13, 2026
SUBJECT:

Consideration of Resolution 2026-12, Award of a Professional Services Contract to Jacob Green and Associates to conduct an Organizational Assessment for the Banning Police Department in the amount of $48,000.00
RECOMMENDATION:

Adopt Resolution 2026-12.

BACKGROUND:

On November 25, 2025, the City Council conducted a 7.5-hour Strategic Planning Workshop to evaluate the organization’s primary challenges and prioritize long-term goals. Through this collaborative process with staff, four departments were identified as being in a state of severe distress, requiring immediate intervention. While Finance, Information Technology, and Human Resources remain areas of concern, the Police Department was identified as the highest priority for immediate action.

The department is currently facing a period of significant instability, characterized by:

Critical Staffing Shortages: The department is currently operating with a vacancy rate of approximately 30%, placing unsustainable stress on the remaining workforce and contributing to low morale.

Liability and Claims: A substantial volume of employment-related claims and a high number of employees on leave have created significant organizational risk.

Cultural Challenges: By the Chief’s own assessment, the department’s internal culture requires a formal reset to address internal discontent and operational inconsistencies.

To address these systemic issues, the City Council has prioritized the allocation of one-time resources for an independent Departmental Assessment. This initiative is designed to provide an objective evaluation of the department’s culture and provide the Chief with actionable strategies to establish consistent performance expectations across all ranks. Furthermore, the assessment will involve a collaborative review with the Chief, Human Resources, and the City Attorney’s Office to mitigate future liability and improve the department’s professional environment. 384
Jacob Green and Associates (JGA) is a California-based consulting firm specializing in organizational assessment, executive recruitment, strategic planning, leadership development, facilitated team development, and executive coaching for public sector agencies. JGA was recommended by PERMA the City’s Risk Management Authority for General Liability and Workers’ Compensation claims as a leader in public safety organizational assessment, strategic planning and leadership development. JGA’s work is grounded in a deep understanding of local government and public safety environments, and their approach is guided by a simple principle: Listen First, Design Second. They believe the most effective solutions are built by honoring an organization’s culture and history while applying proven tools, datadriven analysis, and practical best practices Through the services outlined in the attached proposal, JGA will work collaboratively with BPD to provide objective insight, strengthen organizational alignment, and support informed decision-making. The approach integrates qualitative and quantitative analysis, including interviews, surveys, facilitated engagement, and structured assessment tools, to develop a clear understanding of current conditions and future needs.

JUSTIFICATION:

Engaging a professional firm ensures the City will have access to a vital tool for the Banning Police Department to evaluate its current state, identify areas of strength, and pinpoint opportunities for improvement. Approval of this action will achieve one of the City Council’s priority one strategic goals.

FISCAL IMPACT:

The proposed all-inclusive fee by Jacob Green and Associate is $48,000. An appropriation to Account 001-1300-412.33-11 (Human Resources - Professional Services) in the amount of $52,800 (includes 10% contingency for additional services) is required.

ALTERNATIVES:

Do not approve Resolution 2026-12 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2026-12.docx

2. JGA Proposal for Banning Police Department - Organizational Assessment Services v.2.pdf

3. Professional Services Agreement_JGA.doc
385
Resolution 2026-16

Page 1 of 4 ends

RESOLUTION 2026-12

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

OF A PROFESSIONAL SERVICES CONTRACT TO JACOB GREEN AND ASSOCIATES TO

CONDUCT THE ORGANIZATIONAL ASSESSMENT FOR THE BANNING POLICE DEPARTMENT IN THE AMOUNT OF $52,800
WHEREAS, on November 25, 2025, the City Council conducted a 7.5-hour Strategic Planning Workshop to evaluate the organization’s primary challenges and prioritize long-term goals.; and
WHEREAS, the Police Department was identified as the highest priority for immediate action; and
WHEREAS, to address these systemic issues, the City Council has prioritized the allocation of one-time resources for an independent Departmental Assessment; and WHEREAS, Jacob Green and Associates was recommended by PERMA the City’s Risk Management Authority for General Liability and Workers’ Compensation claims as a leader in public safety organizational assessment, strategic planning and leadership development; and WHEREAS, a joint decision by the Police Chief, Human Resources and the City Attorneys elected to secure JGA for this organizational assessment after meeting with the group; and WHEREAS, funding will be available in the City’s Police Department account during Fiscal Year 25/26 in an amount not-to-exceed Fifty-Two Thousand Dollars ($52,000).

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

SECTION 1. The City Council approve the contract with Jacob Green and Associates, for an amount not to exceed Fifty-Two Thousand Dollars ($52,000) and authorize the City Manager to make necessary non-substantive changes, and to execute said agreement included as Exhibit A and attached to this resolution.

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

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

PASSED, APPROVED AND ADOPTED this 13th day of January 2026. 386
Resolution 2026-16

Page 2 of 4 ends

Richard Royce, Mayor
City of Banning
ATTEST:

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

John Pinkey, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
387
Resolution 2026-16

Page 3 of 4 ends

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-12, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Deputy City Clerk
City of Banning, California
388
Resolution 2026-16

Page 4 of 4 ends

Exhibit A
Jacob Green and Associates Contract
389
13217 Jamboree Rd., #248
Tustin, CA 92782
888.4.JGA.1ST
JacobGreenAndAssociates.com
Proposal For
Organizational
Assessment
Services

DECEMBER
2025
Version #2 - December 26, 2025
390

TABLE OF

CONTENTS

POLICE DEPARTMENT

BANNING

LETTER FROM CEO JACOB GREEN

SCOPE OF SERVICES

COST PROPOSAL

YOUR TEAM

Page 1 ends

Section
C
Section
B
Section
A
Cover
Letter
Pages 2 - 6
Pages 7 - 11
Pages 12 - 13
391

1.888.4.JGA.1ST | [email protected]
December 26, 2025
Vincent Avila, Police Chief
Banning Police Department
125 E. Ramsey Street
Banning, CA 92220
Dear Chief Avila,
Thank you for the opportunity to submit this proposal and for considering Jacob Green & Associates (JGA) as a partner to support the Banning Police Department (BPD) through our Organizational Assessment Services. We appreciate the Department's commitment to thoughtful planning, strong leadership, and continuous organizational improvement, and we welcome the opportunity to support BPD during this important period.

JGA is a California-based consulting firm specializing in organizational assessments, executive recruitment, strategic planning, leadership development, facilitated team development, and executive coaching for public sector agencies. Our work is grounded in a deep understanding of local government and public safety environments, and our approach is guided by a simple principle: Listen First, Design Second. We believe the most effective solutions are built by honoring an organization’s culture and history while applying proven tools, data-driven analysis, and practical best practices.

JGA will work collaboratively with BPD to provide objective insight, strengthen organizational alignment, and support informed decision-making. Our approach integrates qualitative and quantitative analysis, including interviews, surveys, facilitated engagement, and structured assessment tools, to develop a clear understanding of current conditions and future needs.

JGA’s work is designed to help organizations build stability, improve communication, enhance leadership effectiveness, and position themselves for long-term success. We understand the unique challenges facing public safety agencies today and bring experience working with police departments, cities, counties, and special districts throughout California.

We value the opportunity to partner with the Banning Police Department and look forward to discussing how our team can support your goals. Thank you for your time and consideration.

Sincerely,
PAGE 1
Jacob Green
Founder & CEO
392
PAGE 2

SCOPE OF SERVICES

SECTION A
393
• Assessing the performance and outcomes of current systems, processes, and team dynamics. • Identifying strategic and implementable improvements. • Working with staff to identify positive and sustainable organizational enhancements that they own and support.
• Creating a common understanding of key interdependencies between work units necessary for efficiency, uniformity, and predictability.
• Understanding the importance of balancing quantitative data with qualitative insights to accurately assess the value and effectiveness of services.
• Organizational Structure
• Strategic Planning Documents
• Key Projects
• Leadership Development Efforts
• Prior Assessments
STEP 2: ONE-ON-ONE INTERVIEWS
JGA will conduct one-on-one virtual interviews with (up to 20 internal/external) key Sworn and Professional staff, and stakeholders (BPD can determine if the stakeholder interviews are conducted as focus groups or individual interviews), providing the opportunity to discuss strengths and challenges in a confidential setting with JGA's Leadership Development team to discover root causes and identify Department champions.

ORGANIZATIONAL ASSESSMENT
It is essential for police departments to periodically assess culture, operations, policies, and practices to ensure they effectively and efficiently meet the needs of the communities they serve. This Organizational Assessment will serve as a vital tool for the BPD to evaluate its current state, identify areas of strength, and pinpoint opportunities for improvement. Our process is specifically designed to uncover cultural and organizational barriers to effectiveness, clarify their impact on the Department’s Mission, and provide leadership with a practical roadmap for cultural repair, strategic alignment, and sustained improvement. JGA will work with the Department and City Leadership to meet the 90-day assessment time frame.

The focus of our project will be driven by the following:

PAGE 3
STEP 1: INFORMATION GATHERING & ASSESSMENT
JGA will collect and review all materials related to the Department to understand current values, norms, culture, and operations. These include, but are not limited to:
394
STEP 4: ADMINISTER AEM-CUBE ASSESSMENT TOOL
JGA will administer the AEM-Cube Assessment focusing on supervisors and above (up to 10). This unique tool is utilized to understand individual members within the Department and how their unique cognitive preferences can be best employed to achieve maximum organizational success. The AEM-Cube Assessment also provides insight into individual work styles, operational preferences, and showcases the importance of every member’s contribution to organizational success. (More information on the AEMCube Assessment Tool can be found on page 5).

STEP 5: RECOMMENDATIONS & FINDINGS
The final step of our Organizational Assessment process is a comprehensive, executive-level PowerPoint presentation to review our findings and tailored recommendations. This presentation will provide an engaging and accessible summary of the assessment, highlighting key strengths, areas for improvement, and actionable strategies to address identified challenges. Using clear visuals, data insights, and evidence-based recommendations, we ensure that your team fully understands the assessment outcomes and their implications for organizational growth and success. In addition, JGA will provide a tailored change management framework to support the implementation of these recommendations, ensuring smooth adoption and long-term sustainability.

The presentation is designed to foster collaboration and dialogue, offering your Leadership team an opportunity to ask questions, provide input, and align on next steps. By the end of the session, your Department will have a clear roadmap to enhance operational efficiency, strengthen team dynamics, and achieve strategic goals. This interactive format ensures that our recommendations are not just delivered but understood and embraced, empowering your team to move forward with confidence and clarity.

STEP 3: SURVEY
JGA will customize two separate anonymous surveys, one for Sworn and Professional staff and one for key Department personnel and/or stakeholders to provide pertinent data on the following culture and process areas:
• Purpose
• Resources
• Leadership
• Culture/Climate
• Strengths, Weaknesses, Opportunities, Threats (SWOT)
PAGE 4 395
TEAM DYNAMICS ASSESSMENT TOOL – AEM-CUBE
JGA’s certified professional facilitators will administer the AEM-Cube Team Dynamics Assessment to supervisors and above, as determined by the City. The assessment was created as the result of decades of research focused on understanding how high-performing teams tackle complex challenges and enhance performance.

The AEM-Cube is a cutting-edge management tool that identifies and aligns the strategic diversity within an agency so that performance is optimized. Findings help management identify how teams interact and how to get the greatest contribution from each individual, team, and Department, which in turn maximizes both productivity and collaboration. This exclusive suite of 3D tools visualizes where individuals contribute optimally to overall team and agency growth. The AEM-Cube is delivered as an online questionnaire that provides each team member with a comprehensive report describing where they add value and what this means in a team and organizational setting. Individual results are also compiled to provide a deeper understanding of the team's limitations and opportunities.

PAGE 5 396
• Clear Objectives: Define and communicate project goals, expectations, and deliverables clearly at the project's outset.
• Active Participation: Engage in regular meetings and provide necessary feedback to ensure the project stays on track and aligns with expectations.
• Resource Allocation: Ensure the availability of internal resources, including key personnel, data, and tools, required for the project.
• Open Communication: Maintain open and honest communication with the Consultant, addressing any concerns or changes in scope as soon as they arise. • Decision-Making: Facilitate timely decision-making processes to avoid delays and ensure project progress.
• Access Provision: Provide the Consultant with necessary access to relevant systems, documentation, and facilities.
• Respect Timelines: Adhere to agreed-upon timelines for reviews, approvals, and information requests to maintain project momentum.
• Change Management: Collaborate on managing any changes in project scope, requirements, or timelines, ensuring mutual agreement on modifications.
• Partnership Approach: Foster a collaborative and respectful working relationship, recognizing that successful outcomes depend on both parties' commitment and cooperation. • Timely Payment: Pay invoices pursuant to contract terms and communicate any payment issues promptly with the Consultant.

Banning Police Department's
Project Commitment
Successful project outcomes rely on a strong partnership between our team and yours. To ensure the best results, we've outlined key client responsibilities that foster effective collaboration and project efficiency. By fulfilling these roles, you actively contribute to the project's success, helping us deliver high-quality work on time and within scope. This mutual commitment not only improves project outcomes but also maximizes the value and impact of our combined efforts.

P AG E 6 397
PAGE 7

YOUR TEAM

SECTION B
398
JGA’s Team Video Link: Jacob Green and Associates - JGA - Your First Call

JACOB GREEN, MPA
Founder & CEO
Jacob is a nationally recognized local government expert in organization and leadership development. As an Assistant City Manager for the City of San Juan Capistrano and the City of Ontario, he has managed hundreds of employees and managed numerous government departments. As a trainer, keynote speaker, facilitator, and coach, Jacob has worked with municipal clients, as well as commercial clients such as Mattel, FedEx, Hyundai Capital, ADP, and many others. In 2019, Jacob distilled his personal and professional experiences into an Amazon Best-Selling book: See Change Clearly: Leveraging Adversity to Sharpen Your Vision and Build Resilient Teams. Jacob has received numerous awards for his leadership, including the National Caring Award, the Orange County Human Relations Award, and Most Inspiring Student at UC Irvine, and is the youngest recipient of the Gene Lentzner Humanitarian Award. Jacob has his Bachelor of Arts in Social Sciences with a Minor in Management from the University of California, Irvine, his Master of Public Administration (MPA) degree from California State University, Long Beach, and was recently awarded an honorary doctorate degree from Western University School of Health Sciences.

TIM HAGEMAN
Project Lead
Captain Tim Hageman (Ret.) brings over 33 years of distinguished law enforcement experience to the JGA Team. Throughout his career, he has served in a variety of critical roles, including patrol officer, detective, Field Training Officer, School Resource Officer, S.W.A.T. operator, crisis negotiator, D.U.I. Team member, Internal Affairs investigator, Personnel and Training, and certified Drug Recognition Expert. As a captain with the Manhattan Beach Police Department, Tim managed both the Field Operations Bureau, which encompasses the Patrol Division, Traffic Division, K9 Section, and Parking & Animal Control Section, and the Administration & Investigations Bureau, overseeing the Investigations & Support Division and Budget & Technology Section. His leadership was instrumental in enhancing operational efficiency and fostering community engagement. Beyond his professional accomplishments, Tim has been an active member of the Rotary Club of Manhattan Beach since 2015, serving in various board positions, including Club President from 2020 to 2021. He is deeply committed to supporting military veterans and first responders, having chaired VetFest, an annual Veterans Day event, on three separate occasions. Tim also hosts a podcast called Behind The Line, which features stories and insights from military veterans and first responders. Tim holds both Bachelor’s and Master’s degrees in Criminal Justice Administration, underscoring his dedication to continuous learning and professional development.

PAGE 8 399

MICHELLE NEW
Director of Client Engagement
Michelle New is the Director of Client Services at Jacob Green & Associates, where she leads the successful delivery of client projects and ensures exceptional outcomes for California’s local government agencies. With 20 years of experience in municipal leadership and consulting, Michelle specializes in project oversight, process improvement, organizational development, and workforce strategy. She brings deep expertise in public sector human resources management, succession planning, and talent development, and is a certified Project Management Professional. Michelle holds a Master’s in Public Administration.

MIKE BARAY
Senior Advisor
Chief Mike Baray (Ret.) brings 40 years of law enforcement experience to the Jacob Green and Associates team. As a former police chief and district attorney chief investigator, he has a unique law enforcement perspective. Chief Baray possesses extensive criminal and civil investigation experience. He also demonstrates strong capabilities in building successful teams, assessing core functions and operations of municipal and county government organizations, and implementing transformational change. Chief Baray brings over 20 years of investigative experience, 12 years of executive leadership, and 15 years in tactical operations. He began his career in 1982 with the Long Beach Police Department and served in the patrol division, metropolitan division/SWAT, and the special investigation division (SID) as a detective. In 1992, he transferred to the Murrieta Police Department and held every rank, including chief of police. In 2013, he took on the role of chief investigator for a District Attorney’s Office, where he served for 9 years. At JGA, Chief Baray leads strategic planning, executive workshops, and training seminars tailored to the needs of public sector leaders. He applies his dual experience in law enforcement and investigations to help agencies align priorities, strengthen operations, and achieve measurable outcomes.

P AGE 9 400
KATHRYN HAMEL, PH.D.

Senior Advisor
Dr. Kathryn Hamel is a seasoned executive with over 30 years of experience across public, nonprofit, and private sectors. She previously served as Vice President and Chief Executive Officer for two nonprofit mental health organizations and as Senior Vice President of Human Resources and Organizational Development for a private international university. She also dedicated nearly 25 years to serving her communities as a law enforcement professional, retiring as a police lieutenant in 2019. In addition to her leadership roles, Dr. Hamel provides psychotherapy to vulnerable and traumatized populations. She also serves on the International Association of Chiefs of Police Human and Civil Rights Committee. She has been recognized as Advocate of the Year by the Greater Irvine Chamber of Commerce and as Mental Health Professional of the Year by the Mental Health Association of Orange County. She holds advanced degrees in public safety leadership, psychology, criminal justice, and vocational education, and is certified in trauma resilience and human trafficking prevention. At Jacob Green and Associates, Dr. Hamel leads strategic initiatives for public agencies, applying her expertise in public safety and organizational development. She has facilitated strategic planning efforts for law enforcement, fire services, water districts, and executive teams, including engagements with a District Attorney’s Office, a fire district, and a municipal water agency. Her work also includes executive coaching for local government leaders and community-based strategic retreats. Dr. Hamel specializes in helping agencies align priorities, build leadership capacity, and achieve results through collaboration and data-driven decision-making.

NICOLI HILSCHER
Senior Project Manager
Nicoli Hilscher brings over 23 years of expertise in Organizational Development, Leadership Development, Training, Facilitation, and Project Management. A retired Senior Master Sergeant from the United States Air Force, she distinguished herself in the top two percent of the active enlisted force. Nicoli's extensive background includes leading positions internationally, where she drove long-term organizational growth in diverse and fast-paced environments. She excelled in overseeing operations, professional development, and recognition programs for organizations ranging from 20 to 300 personnel. As a Senior Project Manager with Jacob Green and Associates, Nicoli plays a pivotal role in managing Organizational Development projects; such as Team buildings, Retreats, Leadership Academies, Organizational Assessments, Strategic Planning, and supporting our Work Planning teams.

Known for her ability to keep teams on task and on-time, Nicoli ensures the highest quality of service delivery to all JGA clients.

PAGE 1 0 401
PAGE 1 1

DAVE BROWN
Leadership Development Partner
Chief Dave Brown (ret.) is passionate about helping public sector executives and organizations succeed in a dynamic and challenging environment, especially when facing leadership, political, or personnel challenges. Chief Brown has held command positions in every division of law enforcement, including many years as a Chief of Police. He has also served as Director of Public Safety, Assistant City Manager, and held several stints as Interim City Manager. In 2017, Chief Brown was recruited by the City of Menifee, California, to spearhead the creation of the Menifee Police Department. Over the next three years, Brown created and implemented a robust, data-driven strategy, successfully launching the new Menifee Police Department on July 1, 2020. More recently, Dave served as the Executive Director of the Riverside Sheriffs Association (RSA), one of the largest law enforcement labor organizations in the country. 402
PAGE 12

COST PROPOSAL

SECTION C
403

COST PROPOSAL
Description Cost
Organizational Assessment $48,000
AEM-Cube Team Dynamics Assessment $80 / Participant
Travel Invoiced at cost from
Southern California
Materials Invoiced at cost
PAGE 13
Name/Title:_______________________________
Date:_______________________________________
INVOICING SCHEDULE:
30% - Upon Project Kickoff
14% - Upon Completion of Step #1
14% - Upon Completion of Step #2
14% - Upon Completion of Step #3
14% - Upon Completion of Step #4
14% - Upon Completion of Step #5
Invoices will be issued monthly and will reflect progress achieved during the billing period based on the completion of the steps outlined above. Partial step completion may be billed proportionally, as applicable.

LATE PAYMENT FEE:

All invoices are due and payable within 30 days of the invoice date. Any invoice not paid within 30 days will be subject to a late payment fee. A fee of 1.5% per month will be added to the outstanding balance until the invoice is paid in full.

The prices, specifications, and conditions covered within this proposal are satisfactory and hereby accepted. JGA is authorized to do the work as specified.

Signature:_________________________________
JacobGreenAndAssociates.com
The costs outlined in this proposal are considered valid and binding for a period of 90 days, commencing from the date of the proposal's issuance. During this timeframe, the provided pricing and estimates for products, services, and associated expenses will remain unchanged, subject to the terms and conditions specified in the proposal document. Any modifications or alterations to the proposal, as well as adjustments to the costs, will require mutual agreement between the involved parties. 404
-1-
2344655v8

AGREEMENT FOR PROFESSIONAL SERVICES FOR ORGANIZATION

ASSESSMENT SERVICES BY AND BETWEEN CITY OF BANNING

AND JACOB GREEN AND ASSOCIATES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: January 13, 2026, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and JACOB GREEN AND ASSOCIATES 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 issuance of Proposal dated 12/26/2025 the performance of Organization Assessment Services for the Banning Police Department and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good 405
-2-
11303-0008\2344655v8.doc
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 firstclass firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A). 406
-3-
11303-0008\2344655v8.doc

1.6 Prevention of Loss and Damages.

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

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section 2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation 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, 407
-4-
11303-0008\2344655v8.doc
long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.

1.10 Special Requirements.

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

1.11 Corrections.

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

1.13, 5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.

1.12 Party Representatives.

A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

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

Name Title
Jacob Green Founder & CEO
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 408
-5-
11303-0008\2344655v8.doc
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 subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

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

B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in 409
-6-
11303-0008\2344655v8.doc
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.

1.15 Debarment or Suspension.

Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than $48,000 (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.
410
-7-
11303-0008\2344655v8.doc

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 subcontractor 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 Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
411
-8-
11303-0008\2344655v8.doc

3.2 Schedule of Performance.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section 1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 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 June 30, 2026, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
412
-9-
11303-0008\2344655v8.doc
ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

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 413
-10-
11303-0008\2344655v8.doc
insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

4.5 Consultant’s Waiver of Subrogation.

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

4.6 Deductibles and Self-Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.

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 414
-11-
11303-0008\2344655v8.doc
expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 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.
415
-12-
11303-0008\2344655v8.doc
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 subcontractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.

The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

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

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 416
-13-
11303-0008\2344655v8.doc
provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

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

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 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 417
-14-
11303-0008\2344655v8.doc
depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

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

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

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

6.2 Disputes; Default.

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

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
418
-15-
11303-0008\2344655v8.doc
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section

4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the 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.
419
-16-
11303-0008\2344655v8.doc

6.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 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.
420
-17-
11303-0008\2344655v8.doc
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and sub-contractors 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. 421
-18-
11303-0008\2344655v8.doc
Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Art Vela
Interim City Manager
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
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: Jacob Green
Founder & CEO
Jacob Green & Associates
13217 Jamboree Rd., #248
Tustin, CA 92782
422
-19-
11303-0008\2344655v8.doc

8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 Severability.

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

8.6 Mutual Cooperation.

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

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. 423
-20-
11303-0008\2344655v8.doc

8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

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

8.12 Business Days.
424
-21-
11303-0008\2344655v8.doc
“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]
425
-22-
11303-0008\2344655v8.doc
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Art Vela, Date
Interim City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Sandra Calderon Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Slovak Baron Empey Murphy & Pinkney
LLP
City Council Approval: _____________
John O. 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.
426
Exhibit “A”-1
11303-0008\2344655v8.doc
EXHIBIT “A”

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

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

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.
427
Exhibit “B”-1
11303-0008\2344655v8.doc
EXHIBIT “B”

SPECIAL REQUIREMENTS
None
428
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates:

TASK DESCRIPTION SUB-BUDGET

1. Organizational Assessment $48,000

2. AEM-Cube Team Dynamics Assessment $80 / Participant

3. Travel Invoices at cost from
Southern California

4. Materials Invoiced at cost

5. 6.

7. TOTAL: $48,000
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

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

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

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

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

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

IV. The total compensation for Services shall not exceed $48,000 as provided in Section 2.1 of this Agreement.

V. Consultant’s billing rates for all personnel are attached as Exhibit C-1. 429
Exhibit “C-1”-1
11303-0008\2344655v8.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
430
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.
431
Exhibit “D-1”- 1
11303-0008\2344655v8.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
(see section C-1)
432

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Nathan Smith, Deputy Director of Public Works/City Engineer MEETING DATE: January 13, 2026
SUBJECT: Consideration of Resolution 2026-13, Awarding a Construction Contract for Project No. 2020-04 Sun Lakes Boulevard Extension Project, to Riverside Construction Company, Inc. in the amount of $20,996,793.50 and approving a 10% contingency for a total budget of “Not-to-Exceed” $23,096,472.85
RECOMMENDATION:

Adopt Resolution 2026-13
BACKGROUND:

The Sun Lakes Boulevard Extension project has been in planning for over three decades as a key component of the City of Banning major roadway network. The proposed one (1) mile Sun Lakes Boulevard extension roadway will connect Highland Home Road and Sunset Avenue in alignment with Sun Lakes Boulevard to the west and Westward Avenue to the east.

On April 14, 2020, City Council approved Resolution No. 2020-48 for Professional Services Agreement with WEBB for the design of the Sun Lakes Boulevard Extension Project in the amount of $548,416.05.

The Agreement was subsequently amended five (5) times resulting in a total design cost of $1,364,706.66.

On July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government (WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project. The Agreement was subsequently amended two (2) times. The first amendment increased the funding by $12,000,000 and the second amendment increased the funding by $7,000,000 for a total of $20,000,000.

On October 24, 2023, City Council adopted Resolution 2023-174, authorizing the Mayor to execute an Agreement for Measure A Regional Arterial (MARA) funding with the Riverside County Transportation Commission (RCTC) in the amount of $13,500,000 for the Construction of the Sun Lakes Boulevard Extension Project.

On October 22, 2024, City Council approved Resolution No. 2024-170 for a Reimbursement Agreement with SPFF, L.P., a Delaware limited partnership (Kinder Morgan) for the design and relocation of the pipeline facilities owned and operated by Kinder Morgan in relation to the Sun Lakes Boulevard Extension Project in the amount of $3,711,119.
433
On October 9, 2025, staff released an Invitation for Bids (IFB) for the construction of Sun Lakes Boulevard Extension Project on the City’s public bidding platform. The bids were due on December 2, 2025. In response to the IFB, four (4) bids were received from the following contractors:

Contractor Amount
1) Riverside Construction Co., Inc. $20,996,793.50
2) Los Angeles Engineering, Inc. $25,150,000
3) Granite Construction Co., Inc. $26,060,224
4) Griffith Company $27,158,000
The scope of work will include the construction of one mile roadway including importation of 150,000 cubic yards of dirt; installation of storm drain concrete box culverts at three crossings of Smith Creek and West Pershing Channels measuring an average of 120 feet long by 100 feet wide; relocation of approximately 1,200 feet of 20-inch oil pipeline owned by Kinder Morgan; removal of 6 power poles and installation of 3,825 feet of underground electrical conduit and wiring; installation of 84,000 square feet of sidewalk; and installation of signage, street lighting and other miscellaneous items to have a fully functioning roadway. The project is expected to begin construction in March 2026 and end in October 2027.

JUSTIFICATION:

The Sun Lakes Boulevard extension project is considered an important project, which is identified in the City’s General Plan Circulation Element, that will create a new arterial roadway to improve public safety and emergency response; reduce traffic congestion on city streets; reduce greenhouse gas emissions that result from vehicle idling; improve regional connectivity; and facilitate active transportation and public transportation alternatives.

Staff evaluated the bid proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Construction Contract to Riverside Construction Company, Inc. in the amount of $20,996,793.50.

FISCAL IMPACT:

Staff recommends awarding a Construction Contract to Riverside Construction Company, Inc. in the amount of $20,996,793.50 and approving a 10% contingency in the amount of $2,099,679.35 for a total “not-to-exceed” project budget of $ 23,096,472.85.

The project costs are eligible and expected to be reimbursed through TUMF Funds administered by WRCOG and MARA Funds administered by RCTC as shown below:

Funding Source Amount
TUMF Funds $20,000,000
MARA Funds $13,500,000
Total $33,500,000
The overall project expenses include key components required for successful completion: the Design Contract for planning and engineering, Construction Contract for physical build-out, and the essential Kinder Morgan Pipeline Relocation to address existing infrastructure conflicts. Additional costs will cover Environmental Construction Monitoring to ensure compliance with mitigation measures and Environmental Fees for permitting and oversight as shown below:

Project Expenses Amount
Design Contract $1,364,706.66
Construction Contract $23,096,472.85
Kinder Morgan Pipeline Relocation $3,711,119
Environmental Construction Monitoring $420,090
434
Environmental Fees $58,796.50
Total $28,651,185.01
With all expenses totaling $28,651,185.01 and total project funding of $33,500,000, the project maintains a healthy financial buffer of approximately $4.35 million, ensuring it remains on solid financial ground with adequate contingency for unforeseen costs.

The project shall be funded through Measure “A” Account No. 101-4900-431.93-16. An appropriation in the amount of $23,096,472.85 is required to fund the project. City staff will submit monthly reimbursement invoices to RCTC and WRCOG and has been in coordination with those agencies regarding the reimbursement schedule.

ALTERNATIVES:

Do not approve Resolution 2026-13 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2026-13.docx

2. Resolution No. 2020-048.pdf

3. Resolution No. 2020-097.pdf

4. Resolution No. 2023-174.pdf

5. Resolution No. 2024-170.pdf

6. TUMF Reimbursement Agreement - Amendment No. 2.pdf

7. SFPP LS-11 Reimbursable Agreement City of Banning.pdf

8. MARA_Grant_Agreement.docx

9. Riverside Construction_Proposal.pdf
435
Resolution 2026-13

Page 1 of 5 ends

RESOLUTION 2026-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT FOR PROJECT NO. 2020-04 SUN LAKES BOULEVARD EXTENSION PROJECT, TO RIVERSIDE CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $20,996,793.50 AND APPROVING A 10% CONTINGENCY FOR A TOTAL BUDGET OF “NOT-TO-EXCEED” $23,096,472.85
WHEREAS, the Sun Lakes Boulevard Extension project has been in planning for over three decades as a key component of the City of Banning major roadway network. The proposed one (1) mile Sun Lakes Boulevard extension roadway will connect Highland Home Road and Sunset Avenue in alignment with Sun Lakes Boulevard to the west and Westward Avenue to the east; and
WHEREAS, on April 14, 2020, City Council approved Resolution No. 2020-48 for Professional Services Agreement with WEBB for the design of the Sun Lakes Boulevard Extension Project in the amount of $548,416.05 with subsequent five amendments resulting in a total design cost of $1,364,706.66; and
WHEREAS, on July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government (WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project with subsequent two amendments increasing the grant agreement to a total of $20,000,000; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023-174, authorizing the Mayor to execute an Agreement for Measure A Regional Arterial (MARA) funding with the Riverside County Transportation Commission (RCTC) in the amount of $13,500,000 for the Construction of the Sun Lakes Boulevard Extension Project; and WHEREAS, on October 22, 2024, City Council approved Resolution No. 2024-170 for a Reimbursement Agreement with SPFF, L.P., a Delaware limited partnership (Kinder Morgan) for the design and relocation of the pipeline facilities owned and operated by Kinder Morgan in relation to the Sun Lakes Boulevard Extension Project in the amount of $3,711,119; and WHEREAS, on October 9, 2025 staff released a Invitation for Bids (IFB) for the construction of Sun Lakes Boulevard Extension Project on the City’s public bidding platform; and WHEREAS, on December 2, 2025, in response to the IFB, four (4) proposals were received ranging in cost from $20,996,793.50 to $27,158,000; and WHEREAS, the scope of work will include the construction of one mile roadway including importation of earth; installation of storm drain concrete box culverts at three crossings of Smith Creek and West Pershing Channels; relocation of oil pipeline owned by Kinder Morgan; removal of power poles and installation of underground electrical conduit and wiring; installation of sidewalk; and installation of signage, street lighting and other miscellaneous items to have a fully functioning roadway; and
WHEREAS, the Sun Lakes Boulevard extension project is considered an important project, which is identified in the City’s General Plan Circulation Element, that will create a new arterial roadway to improve public safety and emergency response; reduce traffic congestion on 436
Resolution 2026-13

Page 2 of 5 ends

city streets; reduce greenhouse gas emissions that result from vehicle idling; improve regional connectivity; and facilitate active transportation and public transportation alternatives; and WHEREAS, staff recommends awarding a Construction Contract to Riverside Construction Company, Inc. in the amount of $20,996,793.50 and approving a 10% contingency in the amount of $2,099,679.35 for a total “not-to-exceed” project budget of $ 23,096,472.85; and WHEREAS, the cost of design, construction, utilities relocation and environmental permitting totaling $28,651,185.01 and total project funding of $33,500,000, the project maintains a healthy financial buffer of approximately $4.35 million, ensuring it remains on solid financial ground with adequate contingency for unforeseen costs; and WHEREAS, the project costs are eligible and expected to be reimbursed through TUMF Funds administered by WRCOG and MARA Funds administered by RCTC.

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

SECTION 1. The City Council approves the Construction Contract with Riverside Construction Company, Inc. in the amount of $20,996,793.50 and approving a 10% contingency for a total budget of “not-to-exceed” $23,096,472.85 for the construction of Sun Lakes Boulevard Extension.

SECTION 2. The City Council authorizes the City Manager, or their designee, to execute the Construction Contract with Riverside Construction Company, Inc.

SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes and execute the Construction Contract with Riverside Construction Company, Inc SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of January 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Acting Deputy City Clerk
City of Banning
437
Resolution 2026-13

Page 3 of 5 ends

APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
438
Resolution 2026-13

Page 4 of 5 ends

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-13, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
439
Resolution 2026-13

Page 5 of 5 ends

EXHIBIT A
Construction Contract with Riverside Construction Company, Inc. 440
RESOLUTION 2020- 48

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF

THE SUN LAKES BOULEVARD EXTENSION FROM HIGHLAND HOME ROAD TO SUNSET AVENUE, TO ALBERT A. WEBB ASSOCIATES IN THE AMOUNT OF 548, 416. 05 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF " NOT -TO -EXCEED" $603, 258. 05
WHEREAS, there is a current need for a new road on the south side of Interstate 10 to close a gap in the City' s street network from Highland Home Road to Sunset Avenue to reduce existing congestion at the Highland Springs Avenue interchange and to accommodate expected growth within the City; and
WHEREAS, on February 11, 2020, under Resolution 2020-1 the City Council accepted Lots A, D, E, F and G for the necessary right- of- way for the extension of Sun Lakes Boulevard from Highland Home Road to Sunset Avenue. The lots were originally offered to the City on Parcel Map 25541 approved on August 28, 1990, at which time the City deferred the approval of the right- of- way to a future date; and WHEREAS, on March 24, 2020, under Resolution 2020- 37, the City Council approved General Plan Amendment 19- 2502 and Environmental Assessment 19- 1503, a proposed amendment to the Circulation Element of the General Plan to modify the alignment of Sun Lakes Boulevard from its existing General Plan alignment with Lincoln Street to the proposed alignment with Westward Avenue following closely the right- of- way offered on Parcel Map 25541; and
WHEREAS, on February 18, 2020, staff released an Invitation for Bid for the Design of the Sun Lakes Boulevard Extension to five ( 5) consultants on the on -call engineering list approved by City Council on September 10, 2019 under Resolution 2019- 116 and received three ( 3) proposals ranging in costs from $ 508, 678 to $ 849, 674; and
WHEREAS, staff evaluated the proposals based on qualifications, cost, experience with the request scope of services and response to the request for proposals. As a result, staff recommends the award of a professional services agreement to Albert A. Webb Associates, in the amount of $548, 416. 05; and WHEREAS, the total project budget of $ 603, 258. 05, which includes a 10% contingency, will be funded by Measure A funds. The project costs are eligible and expected to be reimbursed by the Western Riverside Council of Governments ( WRCOG) via the Transportation Uniform Mitigation Fee ( TUMF) program. 1 Resolution 2020- 48
441
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City of Banning City Council adopts Resolution No. 2020- 48 Professional Services Agreement for the Design of the Sun Lakes Boulevard Extension from Highland Home Road to Sunset Avenue, to Albert A. Webb Associates in the amount of $ 548, 416. 05 and approves a 10% contingency for a total project budget of "not -to -exceed" $603, 258. 05.

SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement with Albert A. Webb Associates and to approve change orders within the 10% contingency.

SECTION 3. The City Manager is authorized to execute the Professional Services Agreement with Albert A. Webb Associates.

SECTION 4. The City Clerk is authorized to certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions PASSED, APPROVED and ADOPTED this 14th day of April, 2020.

Daniela Andrade, Mayor
City of Banning
ATTEST:

Sonja D- a uente, Deputy City Clerk

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevin G. Ennis, Esq., City Attorney
Richards, Watson & Gershon
2 Resolution 2020- 48
442
CERTIFICATION:

I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2020- 48 was duly adopted by the City Council of the City of Banning at a Regular Meeting thereof held on the 14th of April, 2020.

AYES: Councilmembers Happe, Pingree, Wallace, Welch & Mayor Andrade NOES: None
ABSTAIN: None
ABSENT: None
Sonja De 9 ente, Deputy City Clerk
City of Banning, California
3 Resolution 2020- 48
443
RESOLUTION 2020- 97
ADOPT RESOLUTION 2020-97, AUTHORIZING THE CITY MANAGER

TO EXECUTE A TUMF REIMBURSEMENT AGREEMENT WITH WRCOG
FOR UP TO $ 1,000,000 IN TUMF FUNDS FOR THE SUN LAKES

BOULEVARD EXTENSION PROJECT
WHEREAS, Western Riverside Council of Government ( WRCOG) has developed and administers the Transportation Uniform Mitigation Fee ( TUMF) program, a regional fee program designed to provide transportation infrastructure to mitigate the impact of new growth in western Riverside County. The City of Banning is an active member in WRCOG; and
WHEREAS, as the program administrator, WRCOG allocates TUMF funds to a variety of agencies, including the Riverside County Transportation Commission ( RCTC), Riverside Transit Agency ( RTA), Western Riverside Regional Conservation Authority RCA) and western Riverside cities and Riverside County areas through applicable TUMF Zones; and
WHEREAS, the City of Banning is part of the Pass Zone along with the City of Calimesa, City of Beaumont and Riverside County ( District 5); and WHEREAS, the Pass Zone Transportation Improvement Program ( TIP), which included the Sun Lakes Boulevard Extension project, was approved by the WRCOG Executive Committee at its May 4, 2020 meeting; and
WHEREAS, the TUMF Reimbursement Agreement will provide up to $ 1,000,000 in TUMF funds in the form of a reimbursement to the City of Banning for expenditures related to the Sun Lakes Boulevard Extension project; and WHEREAS, the WRCOG Executive Committee approved the TUMF Reimbursement Agreement at its June 1, 2020 meeting.

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

Section 1. The Banning City Council adopts Resolution 2020- 97 authorizing the City Manager to execute the TUMF Reimbursement Agreement with WRCOG for up to 1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project.

Section 2. The City Manager or his designee is authorized to record the reimbursement funds and to make all necessary budget adjustments, appropriations and transfers related to the TUMF Reimbursement Agreement for the Sun Lakes Boulevard Extension project.

Resolution 2020- 97 1
444
PASSED, APPROVED AND ADOPTED this 14th day of July, 2020.

ATTEST:

S~ Deputy City Clerk
City of Banning

APPROVED AS TO FORM
AND LEGAL CONTENT:
7~ %C/44
Kevin G. Ennis, Esq., City Attorney
Richards, Watson & Gershon
Resolution 2020- 97
Daniela Andrade, Mayor
City of Banning
2 445
CERTIFICATION:

I, Sonja De La Fuente , Deputy City Clerk of the City of Bann ing , Ca liforn ia , do hereby certify that the foregoing Reso lution No. 2020-97 , was adopted by the City Council of the City of Banning at a Regular Meeting thereof held on the 14th day of July , 2020 , by the following vote , to wit:

AYES : Councilmembers Happe, Pingree, Wallace, Welch and Mayor Andrade NOES: None
ABSTAIN: None
ABSENT: None
Sonja uente , Deputy City Clerk
City of Banning
Re solutio n 20 20- 97 3
446
RESOLUTION 2023-174

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

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR THE FUNDING

OF MEASURE A REGIONAL ARTERIAL IMPROVEMENTS WITH THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR $ 13,500,000 IN MEASURE A

FUNDING FOR THE CONSTRUCTION OF THE SUN LAKES BOULEVARD

EXTENSION PROJECT
WHEREAS, Sun Lakes Boulevard exists on the City's Circulation Element as an arterial highway; and
WHEREAS, on April 14, 2020 City Council adopted Resolution 2020-48 authorizing design services for the Sun Lakes Boulevard Extension Project (also known as the Westward Avenue Extension Project) ("Project"); and WHEREAS, the Project is eligible for grant funding for construction under the Riverside County Transportation Commission Measure A Regional Arterial program; and WHEREAS, the Riverside County Transportation Commission selected the Project through a competitive grant program for $13,500,000 of Measure A money collected and administered by the Riverside County Transportation Commission.

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

SECTION 1. The City Council approves the grant agreement, attached hereto as Exhibit A", between the Riverside County Transportation Commission and the City of Banning for $13,500,000 in construction funding for the Sun Lakes Boulevard extension project.

SECTION 2. The City Council authorizes the Mayor to sign the grant agreement for the funding of Measure A Regional Arterial Improvements.

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 24th day of October 2023.

Resolution 2023-174

Page 1 of 4 ends

Alberto S ch z, Mayor
City of B nning
447
ATTEST:

Caroline Patton , De
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:
lg--
Serita R. Young, City Attorney
Richards , Watson & Gershon
Resolution 2023-174

Page 2 of 4 ends

448
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Bann ing , Cal iforn ia , do hereby certify that the foregoing Resolution 2023-174 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 24th day of October 2023 by the following vote , to wit:

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

NOES:

ABSENT:

ABSTAIN:

Resolution 2023-174

Page 3 of 4 ends

Caroline Patton , Dep City Clerk
City of Banning , Califo mia
449
Resolution 2023- 174

Page 4 of 4 ends

EXHIBIT A
Grant Agreement
450
Agreement No. 23-72-091- 00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF BANNING
l. Parties and Date.

1.1 This Agreement is executed and entered into this_ day of __ ~ 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (" RCTC") and CITY OF BANNING (" City"). RCTC and City are sometimes collectively referred to herein as the Parties".

2. Recitals.

2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053 .5.

2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one- half percent ( 112%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan ( the " Plan").

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees ( TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial MARA") Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

3. Terms.
3 .1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Sun Lakes Extension Project, (" the Work"). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit " A" attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:
1) CONS - Construction
The Work phase( s) funded pursuant to this Agreement shall be consistent with the City' s Call for Projects Nomination Form submitted to RCTC (" the Project"). The Project is more fully described 17336.02600\32593628. I
451
in Exhibit " B" attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Thirteen Million, Five Hundred Thousand Dollars ($ 13,500, 000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (" Funding Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (" Total Work Cost") may include the following items, provided that such items are included in the scope of work attached as Exhibit A": ( 1) City and/ or consultant costs associated with direct Work coordination and support; ( 2) construction costs, including change orders to construction contract approved by the City; and ( 3) construction management, field inspection and material testing costs.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: ( 1) City administrative costs; 2) City costs attributed to the preparation of invoices, billings and payments; ( 3) any City fees attributed to the processing of the Work; and ( 4) expenses for items ofwork not included within the scope of work in Exhibit " A".

3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit " A" for the Work.

The City shall inform RCTC of any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC' s Executive Director and the City Manager shall be authorized to execute any such amendment.
3 .2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged construction of the Work.
3 .3 City' s Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit " A".

3.3.1 City' s Obligation to Repay MARA Funds to RCTC. In the event that: ( i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not 17336.02600\32593628. I 2
452
timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/ or initiate legal action to compel repayment, ifthe City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.3.2 City' s Local Match Contribution. The City shall provide at least Thirteen Million, Five Hundred Thirty- Six Thousand Dollars ($ 13,536, 000) of funding toward the Work, as shown in Exhibit " A" and as called out in the City' s Project Nomination Form submitted to RCTC in response to its Call for Projects.

3.4 Work Responsibilities of the City. The City shall be- responsible for the following aspects ofthe Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit " A": ( i) all aspects of bidding, awarding, and administration of the contracts for the Work; ( ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and ( iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/ Notice of Completion. The term ofthis Agreement shall be from the date first herein above written until: ( i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; ( ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, " including full repayment of MARA Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC' s Executive Director, or his or her designee, shall serve as RCTC' s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Doug Schulze, City Manager, or his or her designee, as the City' s representative to RCTC. The City' s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City' s responsibility. The City shall work closely and cooperate fully with RCTC' s representative and any other agencies which may have jurisdiction over or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution ofthe Agreement, or from being reimbursed by RCTC for such expenditures.

However, the City understands and acknowledges that any expenditure offunds on the Work prior to the execution of the Agreement is made at the City' s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement. l 7336. 02600\ 32593628. l 3
453

3.8 Review of Services. The City shall allow RCTC' s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty ( 30) days' written notice to the other party of such termination and specifying the effective date thereof.

3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review ofthe invoices and requesting additional info1mation. This Agreement shall terminate upon receipt by the non- terminating party of the amounts due it under this Section 3.9.1.2.

3.9.2 Termination for Cause.

3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.

During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

3.9.2.2 Effect ofTermination for Cause. In the event that the City terminates this Agreement in response to RCTC' s uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time ofthe notice oftermination.

In the event that RCTC terminates this Agreement in response to the City' s uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 Cumulative Remedies. The rights and remedies ofthe Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

I7336.02600\32593628. l 4
454

3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et~-, which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et ~-
3 .1 l Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.
3 .12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification required under Section 3 .10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence ofRCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act ofthe City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC' s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out ofthis Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City' s performance of this Agreement or supervision of any services provided to complete the Work.

3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance ofthe types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.

3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than 2,000, 000. 00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3 .13 .1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the I7336.02600\32593628. l 5
455
Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13. l.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/ or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3. 13. 2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $ 1,000, 000. 00 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles.

3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit ofnot less than $ 1,000, 000. 00 Professional liability insurance shall only be required of design or engineering professionals.
3 .13 .4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $ 1,000, 000. 00 each accident.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City' s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly. 3 .14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty ( 30) days. In the event that RCTC disputes the eligibility ofthe City for reimbursement ofall or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Ifthe meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC' s decision as to the eligibility of one or more invoices to RCTC' s Executive Director. The City may appeal the decision ofthe Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City' s submittal of invoices to RCTC and RCTC' s consideration and payment of submitted invoices are set forth in Exhibit " C", attached hereto.

J7336. 02600\ 32593628. 1 6
456

3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval ofRCTC' s Representative, which approval will not be unreasonably withheld, provided that extensions oftime for completion of the Work shall be approved in the sole discretion of RCTC' s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act ( Public Resources Code Section 21000 et seq.; " CEQA") and the National Environmental Policy Act of 1969 ( 42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 3 .16 Conflict of Interest. For the term ofthis Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3 .17 Limited Scope of Duties. RCTC' s and the City' s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three ( 3) years following termination of this Agreement, and they shall have access to such information during the three- year period for the purposes of examination or audit.

3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 3 .21 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit.

3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.
17336. 02600\ 32593628. l 7
457
3 .23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY OF BANNING
99 East Ramsey Street
Banning, CA 92220
AT1N: City Manager
RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Executive Director
Any notice so given shall be considered served on the other party three ( 3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
3 .25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision ofthis Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.

3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees ofRCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction l7336. 02600\ 32593628, I 8
458
and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 3 .31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.

3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

Signatures on following page]
l7336.02600\32593628.1 9
459

SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY

TRANSPORTATION COMMISSION
By:

Anne Mayer, Executive Director
APPROVED AS TO FORM:

By:

Best, Best & Krieger
Counsel to the Riverside County
Transportation Commission
17336.02600\32593628. l 10

CITY OF BANNING
By:

Alberto Sanchez, Mayor
ATTEST:

By:

Caroline Patton, City Clerk
APPROVED AS TO FORM:

By:
460
EXHIBIT " A"

SCOPE OF WORK,

FUNDING AND TIMETABLE
SCOPE OF WORK: Construct new 1.02-mile section of Westward Avenue from Sunset Avenue to Highland Home Road. Will include two eastbound and two westbound lanes, comprised of a 12-foot inner lane and a 14- foot outer lane in each direction; a raised 18-foot wide median; 8-foot- wide Class 2 bike lanes in each direction; 8-foot- wide sidewalks; associated road striping, drainage, and street light improvements.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $ 13,500, 000 $ 13,536, 000 $ 27,036, 000
TOTAL $ 13,500, 000 $ 13,536, 000 $ 27,036, 000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 3/2025 8/2026 360 Working Davs
Exhibit A
l7336.02600\32593628. l
461
7336,02600\ 32593628. 1
EXHIBIT " B"

PROJECT LOCATION MAP

RAMSEY ST
1-10

VICINITY MAP
N.1.S
Exhibit B
WESTWARD WAY ~
0 ii:
8 ~ <:>
i
462
EXHIBIT " C"

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. RCTC recommends that the City incorporate Exhibit " C- 1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC' s Executive Director with a copy to RCTC' s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit " C- 2".

3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits " C-4". All documentation from the City' s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit C-3".

4. Ifthe City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit " C" and its attachments.

5. Charges for each task and milestone listed in Exhibit " A" shall be listed separately in the mvo1ce.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:

I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed ____________ _
Title ----------------
Date ----------------
Invoice No. -------------
Exhibit C
17336.02600\32593628. l
463

7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

8. The final payment under this Agreement will be made only after: ( i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Work; ( ii) the City has executed a Release and Certificate of Final Payment; and ( iii) the City has provided copies of each such Release to RCTC.

Exhibit C
I7336. 02600\ 32593628. 1
464
EXHIBIT " C-1"

ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (____ INSERT WRITTEN DOLLAR AMOUNT_) ($_ INSERT NUMERICAL DOLLAR AMOUNT_) without written approval ofCity' s City Engineer (" Total Compensation").

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant' s personnel directly engaged in performance of the Work under the Agreement. ( The range of hourly rates paid to the Consultant' s personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _______ , and is the sum of the following components:

1.1.2.1 Direct Salary Costs

1.1.2.2 Payroll Additives
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

Exhibit " C- 1"
l7336. 02600\ 32593628. l
465

1.2 FIXED FEE.

1.1.2.3 Overhead Costs
The Decimal ratio ofAllowable Overhead Costs to the Consultant Firm' s Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier
sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2.1 A Fixed Fee of _______ shall be paid to Consultant for Consultant' s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage ofthe Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro- rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs

REIMBURSEMENT RATE
insert charges__]
day
mile
trip
hour
copy
sheet
call
sheet
sheet
Travel by air and travel in excess of I00 miles from the Consultant' s office nearest to City' s office must have City' s prior written approval to be reimbursed under this Agreement.

Exhibit " C~ l"
17336.02600\ 32593628. 1
466

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant' s adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
sample__]
Principal
Project Manager
Sr. Engineer/ Planner
Project Engineer/ Planner
Assoc. Engineer/ Planner
Technician
Drafter/ CADD Operator
Word Processor
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour

2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant' s cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City' s City Engineer with two ( 2) copies to City' s Project Coordinator.

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant' s Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

4. PAYMENT

4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.

Exhibit " C- 1"
J7336.02600\32593628. l
468
Date
Ms. Anne Mayer
Executive Director
EXHIBIT " C-2"
Sample Cover Letter to RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #_
Enclosed for your review and payment approval is the City of ______ ' s invoice for professional and technical services that was rendered by our contractors in connection with the Agreement No. ____ effective ( Month/ Day/ Year). The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Authorized Agreement Amount:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By:

Name
Title
cc:
l 7336. 02600\ 32593628. l
Exhibit " C- 2"
469
EXHIBIT " C-3"
Sample Letter from Contractor to City/County
Month/ Date/ Year
Attn: Accounts Payable Invoice# -----
For [ type of services] rendered by [ contractor name] in connection with [ name of project] This is per agreement No. XX-XX-XXX effective Month/ Date/ Year.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Base Contract Amount:

Authorized Extra Work ( ifApplicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:

Total Invoice to Date:

Total Previously Billed:

Balance Remaining:

Amount Due this Invoice:
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By:---------
Name
Title
Exhibit " C-3"
l7336.02600\32593628. I
470
REPORTING PERIOD:

PROGRESS REPORT:

EXIDBIT C-4
Sample Progress Report
Month/ Date/ Year to Month/ Date/ Year
1 A. Activities and Work Completed during Current Work Periods TASK 01 - 100% PS& E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS& E
B. Current/ Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01- 100% PS& E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Exhibit C-4
l7336.02600\32593628. l
471
Agreement No. 23-72-091- 00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF BANNING

1. Parties and Date.

2. Recitals.

2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053. 5.

2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one- half percent ( 1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan ( the " Plan").

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees ( TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Sun Lakes Extension Project, (" the Work"). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit " A" attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:
1) CONS - Construction
The Work phase( s) funded pursuant to this Agreement shall be consistent with the City' s Call for Projects Nomination Form submitted to RCTC (" the Project"). The Project is more fully described I7336. 02600\ 32593628. I
472
in Exhibit " B" attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval ofRCTC.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: ( 1) City administrative costs; 2) City costs attributed to the preparation of invoices, billings and payments; ( 3) any City fees attributed to the processing ofthe Work; and ( 4) expenses for items ofwork not included within the scope of work in Exhibit " A".

3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC' s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC' s Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes ofthis Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC' s Executive Director. 3 .2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit " A" for the Work.

3.3 City' s Funding Obligation to Complete the Work. In the eventthatthe MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit " A".

3.3.1 City' s Obligation to Repay MARA Funds to RCTC. In the event that: ( i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not 17336.02600\32593628. I 2
473
timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/ or initiate legal action to compel repayment, ifthe City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects ofthe Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit " A": ( i) all aspects of bidding, awarding, and administration of the contracts for the Work; ( ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and ( iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/ Notice of Completion. The term ofthis Agreement shall be from the date first herein above written until: ( i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, " including full repayment ofMARA Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice oftermination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3 .14.2, including but not limited to conducting a review ofthe invoices and requesting additional information. This Agreement shall terminate upon receipt by the non- terminating party of the amounts due it under this Section 3. 9 .1.2.

3.9.2 Termination for Cause.
3 .9 .2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.

During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

3.9.2.2 Effect ofTermination for Cause. In the eventthatthe City terminates this Agreement in response to RCTC' s uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time ofthe notice oftermination.

3.9.3 Cumulative Remedies. The rights and remedies ofthe Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. l7336.02600\32593628. l 4
475

3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seg .. which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seg.

3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.

3.12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act ofthe City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence ofRCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act ofthe City or its subcontractors whatsoever, regardless offault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC' s review, acceptance or funding ofany services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or ofany cause ofaction arising out ofthis Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City' s performance of this Agreement or supervision of any services provided to complete the Work.

3. 13 .1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than 2,000, 000. 00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3 .13 .1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the I7336. 02600\ 32593628. I 5
476
Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/ or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions. 3 .13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $ 1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. 3 .13 .3 Professional Liability Insurance. Errors and omissions liability insurance with a limit ofnot less than $1,000, 000. 00 Professional liability insurance shall only be required ofdesign or engineering professionals.

3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $ 1,000, 000.00 each accident.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility ofthe City for reimbursement ofall or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Ifthe meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC' s decision as to the eligibility of one or more invoices to RCTC' s Executive Director. The City may appeal the decision ofthe Executive Director to the full RCTC Board, the decision ofwhich shall be final. Additional details concerning the procedure for the City' s submittal ofinvoices to RCTC and RCTC' s consideration and payment of submitted invoices are set forth in Exhibit " C", attached hereto.

3.14.3 Funding Amount/ Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 ofthis Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.
17336.02600\ 32593628. 1 6
477
3 .15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval ofRCTC' s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC' s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act ( Public Resources Code Section 21000 et seq.; " CEQA") and the National Environmental Policy Act of 1969 ( 42 USC 423 l et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 3 .16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC' s and the City' s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

3.21 Attorneys' Fees. Ifeither party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit.

3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.
l7336. 02600\ 32593628. l 7
478

3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

CITY OF BANNING
99 East Ramsey Street
Banning, CA 92220
ATTN: City Manager
RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Executive Director
Any notice so given shall be considered served on the other party three ( 3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.

3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
3 .29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees ofRCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction l7336.02600\32593628. l 8
479
and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 3 .31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.
3 .32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means ofelectronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

Signatures on following page]
17336.02600\ 32593628. 1 9
480

SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY

TRANSPORTATION COMMISSION
By:

Anne Mayer, Executive Director
APPROVED AS TO FORM:

By:

Best , Best & Krieger
Counsel to the Riverside County
Transportation Commission
17336 .02600\32593628.1

CITY OF BANNING
By:

Alberto ~ he ez , Mayor
I
ATTEST:

By:

APPROVED AS TO FORM:

By:
481
EXHIBIT " A"

SCOPE OF WORK,

FUNDING AND TIMETABLE
SCOPE OF WORK: Construct new 1.02- mile section of Westward Avenue from Sunset Avenue to Highland Home Road. Will include two eastbound and two westbound lanes, comprised of a 12- foot inner lane and a 14- foot outer lane in each direction; a raised 18- foot wide median; 8-foot- wide Class 2 bike lanes in each direction; 8-foot- wide sidewalks; associated road striping, drainage, and street light improvements.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $ 13, 500, 000 $ 13, 536, 000 $ 27, 036, 000 TOTAL $ 13, 500, 000 $ 13, 536, 000 $ 27, 036, 000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 3/2025 8/2026 360 Working Days
Exhibit A
17336.02600\32593628. I
482
7336.02600\32593628.1
EXHIBIT " B"

PROJECT LOCATION MAP
RAMSEY Sl
HO
1ST ST

VICINITY MAP
N.l.S
Exhibit 8
WESTWARD WAY ~
lf-;::.._.--------1 <
0 2
8 Cc::
0 C
u,
483
EXHIBIT " C"

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits " C- 4". All documentation from the City' s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit C- 3".

5. Charges for each task and milestone listed in Exhibit " A" shall be listed separately in the mvo1ce.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:

I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed _____________ _
Title ---------------
Date ---------------
Invoice No. -------------
Exhibit C
l7336.02600\32593628. l
484

Exhibit C
I7336. 02600\ 32593628. I
485
EXHIBIT " C-1"

ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed L_INSERT WRITTEN DOLLAR AMOUNT _ J ($_INSERT NUMERICAL DOLLAR AMOUNT _ J without written approval ofCity' s City Engineer (" Total Compensation").

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised ofthe following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is ________ , and is the sum of the following components:

1.1.2.1 Direct Salary Costs

1.1.2.2 Payroll Additives
The Decimal Ratio ofPayroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

Exhibit " C-1"
l7336.02600\32593628. l
486

1.2 FIXED FEE.

Total Multiplier
sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2.1 A Fixed Fee of _______ shall be paid to Consultant for Consultant' s complete and satisfactory performance of this Agreement and all Services required.

1.2.2 A pro- rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs

REIMBURSEMENT RATE
insert charges__]
day
mile
trip
hour
copy
sheet
call
sheet
sheet
Travel by air and travel in excess of 100 miles from the Consultant' s office nearest to City' s office must have City' s prior written approval to be reimbursed under this Agreement.

Exhibit " C- 1"
l7336.02600\32593628. l
487

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
sample_/
Principal
Project Manager
Sr. Engineer/ Planner
Project Engineer/ Planner
Assoc. Engineer/ Planner
Technician
Drafter/ CADD Operator
Word Processor
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour

2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant' s cost proposal.

3. INVOICING.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City' s Representative.
3 .3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for Exhibit " C- I"
l 7336.02600\32593628. I
488
each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.
3 .4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.
3 .5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant' s Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

4. PAYMENT

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.

Exhibit " C- 1"
17336.02600\32593628.1
489
Date
Ms. Anne Mayer
Executive Director
EXHIBIT " C-2"
Sample Cover Letter to RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 9250 I
ATTN: Accounts Payable
Re: Project Title - Invoice #_
Enclosed for your review and payment approval is the City of ______ ' s invoice for professional and technical services that was rendered by our contractors in connection with the Agreement No. ____ effective ( Month/ Day/ Year). The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Authorized Agreement Amount:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By:

Name
Title
cc:
17336.02600\32593628. l
Exhibit " C- 2"
490
EXHIBIT " C-3"
Sample Letter from Contractor to City/County
Month/ Date/ Year
Attn: Accounts Payable Invoice# -----
For [ type of services] rendered by [ contractor name] in connection with [ name of project] This is per agreement No. XX-XX-XXX effective Month/ Date/ Year.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Base Contract Amount:

Authorized Extra Work ( ifApplicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:

Total Invoice to Date:

Total Previously Billed:

Balance Remaining:

Amount Due this Invoice:
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ______ _
Name
Title
I7336. 02600\ 32593628. I
Exhibit " C-3"
491
REPORTING PERIOD:

PROGRESS REPORT:

EXHIBIT C-4
Sample Progress Report
Month/ Date/ Year to Month/ Date/ Year
1 A. Activities and Work Completed during Current Work Periods TASK 01 - 100% PS& E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment I final PS& E
B. Current/ Potential Problems Encountered & Corrective Action Problems
None
C. Work Planned Next Period
Corrective Action
None
TASK 01- 100% PS& E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Exhibit C-4
17336.02600\32593628. l
492
RESOLUTION 2024-170

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH SFPP, L.P., A DELAWARE LIMITED

PARTNERSHIP, FOR COSTS ASSOCIATED WITH THE DESIGN AND RELOCATION OF

PIPELINE FACILITIES OWNED AND OPERATED BY SFPP IN RELATION TO THE SUN

LAKES BOULEVARD EXTENSION PROJECT
WHEREAS, the City of Banning has adopted a Circulation Element within the General Plan that identifies the Sun Lakes Boulevard as an Arterial highway concurrent with the proposed Sun Lakes Boulevard Extension Project; and
WHEREAS, the City of Banning has adopted a Capital Improvement Program that includes the design and construction of the Sun Lakes Boulevard Extension Project with funding allocations from the City' s Streets Development Impact Fee fund; and WHEREAS, the City of Banning, through various previous resolutions, has approved actions related to the acceptance of right of way, reimbursement agreements, award of design contracts, and acceptance of grant funding for the design and construction of the Sun Lakes Boulevard Extension Project; and
WHEREAS, SFPP LP., a Delaware limited partnership, owns and operates an oil transmission pipeline within an existing easement recorded on August 4, 1955 in book 1776 page 565 of official records; and
WHEREAS, the easement held by SFPP LP., a Delaware limited partnership, is senior to rights of way offered and accepted by the City of Banning by Resolution 2020- 21 on the 11 th of February, 2024; and
WHEREAS, an encroachment permit from SFPP LP., a Delaware limited partnership, is required prior to the authorization of construction of the Sun Lakes Boulevard Extension project, where the encroachment permit carries with it requirements for third parties to reimburse SFPP LP. for costs incurred related to the relocation and protection of their facilities.

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

SECTION 1. The City Council approves the Reimbursement Agreement Related to Pipeline Design and Relocation for the Sun Lakes Boulevard Extension Project with SFPP LP., a Delaware limited partnership, attached hereto as Exhibit " A".

SECTION 2. The City Council authorizes the City Manager to make non- substantive changes to the Reimbursement Agreement and to execute the Reimbursement Agreement with SFPP L. P., a Delaware limited partnership. 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.

Resolution 2024- 170

Page 1 of 4 ends

Banning City CouncilJanuary 13, 2026

Banning City Council
January 13, 2026